Mission Statement

The Monroe County Sheriff’s Civil Bureau is an agency that aggressively seeks and develops partnerships with the community to satisfy their need for delivery of quality enforcement and service of process.

Vision Statement

The Monroe County Sheriff’s Civil Bureau is the agency of choice for quality enforcement and service of process.

Area of Responsibility

The Monroe County Sheriff’s Office Civil Bureau is the sole entity in Monroe County that has jurisdiction in all Monroe County Courts. As such, we have statutory authority to act as the enforcement officer for all court within the County of Monroe.

Our responsibilities fall within two distinct areas; the Service of Process and Enforcement. The service of process could include but is not limited to the service of summons, subpoena’s, petitions and orders. Executions could include, but are not limited to Evictions, Income Executions, Property Executions, Seizures, and Warrants of Civil Arrest.

Fees for services are due in advance. A current fee schedule is attached at the end of this document, but it is advisable that for any complicated service, a call is made to our office for costs. Certain services call for escrow or deposits to cover storage, towing, or unforeseen expenses. This is not detailed on the fee schedule, so if you believe these fees may be applicable, a call to our office is required. Mileage is based on round trip miles, and service fees are based on each person served.

All work is based on the information you provide, so the more accurate, detailed and copious the information, the more likely we are to succeed. A Post Office box is not an acceptable address, as we can not serve a P.O. box. Any information regarding officer safety issues, the elderly or infants, dogs, etc. must be conveyed when the work is delivered. Your work will be carried out by highly trained professional staff, with customer service a reinforced theme. All deputies are highly trained and motivated, and are Police Certified. Our hours are Monday through Thursday, 8:15 a.m. until 9:00 p.m. and Fridays 8:15 a.m. until 4:30 p.m. Our office location is 65 West Broad Street, Suite 300, Rochester, N.Y. We can be reached during business hours at 585 428-2320 and our fax number is 585 428-2288.

Below, you will find a general explanation of some of the work we do. By no means is it all encompassing or viewed as legal advice. The Sheriff’s Office can not give legal advice, and as such, we highly advise you to seek competent legal counsel for any civil action.

Executions

In general, the purpose of an execution is to enforce a creditor’s money judgement. The type of property possessed by the judgement debtor and sought by the judgement creditor will determine the type of execution used. In general, executions fall into two categories, Income Executions and Property Executions.

In the case of Property Executions, the judgement debtor’s assets are seized and applied to the debt. If the property is tangible, this is done via a Sheriff’s sale, with the proceeds applied to the debt. With non-tangible property (bank accounts, rents etc.), the money is applied directly. It is worthy to note that the purchaser of any said property buys the debtor “interest” in the property. This means the property, as well as the lien or loan balance is transferred to the purchaser as well. The interest sold is then subject to the lien, transferred to the purchaser. For practical implications, this is noteworthy. If the loan and or lien is close to or greater then the value of the property, little or no interest will be garnered at the sale, thus this process would not be financially practical for the judgement creditor.

Regardless of the type of execution used, certain common rules must be followed. The full names and addresses for judgement debtors and garnishees must be provided. The assets must be properly identified in a manner that the Sheriff can accurately verify it. Proof of the debtor’s interest in the property must be provided to the Sheriff. Any disputes over ownership must be resolved by judicial means. The Sheriff does not make this determination, nor take either party’s “word” for it. The Sheriff is viewed as a neutral third party, enforcing court orders. In no case will the Sheriff be expected to conduct asset or address searches. Everything must be documented in writing. Monies obtained are first applied to all fees, poundage and interest before being applied to principle debt. All executions must be signed by the clerk of the Court where the judgement was entered, the County Clerk of the home county, or a New York State licensed attorney.

For all actions, it is highly recommended that all litigants obtain competent legal counsel. While some types of executions may seem straight forward, others are very intricate and complicated. The Sheriff can not give legal advice. If the judgement debtor or a garnishee refuses to transfer the requested property, it is up to the Judgement Creditor to bring forth the appropriate Court action compelling such transfer, not the Sheriff.

Income Executions, CPLR 5231

This instrument, commonly referred to as a wage garnishment, is used to satisfy a money judgment from the debtor’s earnings. This is done in two separate stages after you obtain a judgment in court.

At stage one, the income execution is served by the Sheriff on the debtor, who is directed to start making voluntary payments to the Sheriff’s Office within 20 days of receiving the execution. The Sheriff within the county that the debtor lives must complete this stage. The creditor must have a correct home address for the debtor. Post Office boxes will not suffice.

If the debtor fails to make the required payments within the 20-day window, second stage is initiated. The Sheriff in the County of the employment serves the execution on the debtor’s employer, who will then deduct a percent of the debtor’s earnings during each pay period. This money will then be remitted to the Sheriff, who applies it against poundage, fees, interest and principal.

If the judgment is obtained in a lower court (Justice Court), and either first or second stage is in a County other then the County of the lower court, you must first obtain a transcript of the judgment from the lower court, and file it with the County Clerk’s Office in the County the judgement was obtained. This will elevate the judgement to a Supreme Court level, thus making it enforceable throughout New York State. When using this method, you must reference the transcript. It is both acceptable and common that different Sheriff’s handle first and second stage.

All executions must be signed by the Clerk of the Court, the County Clerk in the originating County, or a New York State licensed attorney. Pro Se clients can not sign an execution. It is imperative that accurate addresses and places of employment are provided, as they are unenforceable if accurate information is not provided. If a Sheriff from one County has enforcement action on the judgement and the case is then transferred to another Sheriff, the original Sheriff must indorse the Judgement and the proper balance/interest must be applied. It is worthy to note that the debtor may be exempt from wage deductions based on a variety of things such as but not limited to child support payments or income level.

Property Execution, CPLR Article 52

The property execution is an instrument whereby a judgement creditor “can stand in the shoes” of a judgement debtor. The judgement creditor has obtained a judgement from a court, and looks to obtain property, either tangible or non-tangible, of the judgement debtor to satisfy the debt. The type of property the judgement debtor has and the judgement creditor would like to obtain dictates the method or type of property execution utilized.

If the property is tangible such as a motor vehicle, machinery or other valuable items capable of delivery, the Sheriff will make a demand for said property, seize it, and sell it at public auction, commonly referred to as a Sheriff’s distress sale. The proceeds will then be used to pay the cost of the seizure (fees, towing, storage, etc.), poundage, with the remaining monies applied to the debt. The judgement creditor must provide the names and addresses of any and all parties holding a lien on the property, as well as the status and outstanding balance of said liens. This information must be provided in writing.

If the property is non-tangible such as a bank account or monies expected (rent or payments for services), it is referred to as a Third Party property execution. In this case, the third party, the individual or entity holding the judgement debtor’s property, will be directed by the Sheriff to turn this property over to the Sheriff for satisfaction of the debt. The third party is referred to as the garnishee, similar to an employer in an income execution. Please note, if the property is to be received in installments (rents), in it is unlikely the debt will be satisfied during the life of the execution (90 days), you must take the appropriate steps to extend the life of the execution.

If the property is considered real estate (land, buildings, manufactured homes, condominiums, etc.), a Real Property execution must be utilized. Again, the property is seized by the Sheriff and sold at a Sheriff’s sale (after a court order is obtained). The real property must lie, in part or in whole, within the County of the Sheriff conducting the execution. The judgement must be transcribed in that County. If the property is a primary residence of the debtor and the debtor is a natural person, the homestead exemption may apply, and must be researched. If the judgement arose from an instrument secured by the mortgage on the targeted property, neither CPLR 5230(a) or 5236(a) can be used. A judgement lien must be placed against the property within the last ten (10) years. Docketing the money judgement against the property with the County Clerk in the County where the property lies does this.

Evictions

Evictions are generally viewed as a two-part process. The first part may or may not involve the Sheriff in part or in whole. The first part generally is viewed as putting the inhabitant on notice with the opportunity to challenge the proceeding. The second stage is the enforcement of the judgement, or in this case, the warrant of eviction. Within evictions, there are two types. Evictions for non-payment of rents are the most common. Evictions for all other reasons are called holdovers. An example of this could be a piece of real property that is sold. The new owner wants the inhabitants removed so they can take physical possession. When handling these, the main difference is that the holdover eviction requires a 30-day notice rather then a 3-day notice.

The first step is the three-day notice (or 30-day notice for holdovers) for non-payment. This can be served by the landlord on the renter. The second step is the 30-day notice to vacate. These two steps are often served at the same time. The third step is the Notice of Petition and Petition for Non-Payment. The landlord can NOT serve this. These petitions must be served no less then 5 days and no more then 12 days from the court date. This allows the renter due process, a fundamental right under the U.S. constitution. Proof of service must be filed with the court within three days of service.

Once judgement is passed in your favor, the Judge will issue a Warrant of Eviction. This is a Court order that directs the enforcement officer to put a landlord in full possession of a particular property, and to remove all persons and personal property that are blocking his right to his real property. Please note, the judgement alone is not sufficient for the Sheriff to act upon. The actual Warrant of Eviction must be provided and it must specifically address the Sheriff as the enforcement officer.

Once the Warrant of Eviction is delivered to the Sheriff, he will produce the Notice of Eviction. This is the Sheriff’s notice whereby he informs the renter of the date and time the eviction is to commence. The Sheriff must serve this and the warrant of eviction on the renter, and at least 72 hours notice needs be given prior to the eviction.

All warrants of evictions must be conducted between sunrise and sunset. Prior arrangements need to be made by the landlord for locksmiths and moving companies at the time of the eviction. The eviction can not be considered perfected until all people and personal property are removed from said premises. Personal property must be stored off site, and can not be placed curbside. Reasonable care must be taken to protect the property. This protects all parties involved. Throughout this process, the tenant has a right to his/her personal property. Denying access to this could result in the landlord being charged criminally.

Special considerations must be taken when dealing with evictions. An eviction falls under portions of the Civil Practice Law and Rules, Real Property Actions and Proceedings, and the Real Property Law. If the eviction involves a mobile home, the Real Property Law can come into play. If the mobile home is in a mobile home park, and the eviction is based on the lot rent not being paid, a 30-day notice of eviction must be used. If the mobile home is in a mobile home park, and the eviction is a holdover eviction, a 90-day notice of eviction must be used. Only a court order can reduce this to a 30-day notice.

Frequently Asked Questions

General Fee Information

• Fees must be paid in advance.
• For mileage are per mile, round trip.
• Are for each person to be served.

Additional fees may be required to levy, seize, transport, store, protect, preserve, and dispose of property taken into our custody. Please call our office at 585 428-2320 for any questions pertaining to your unique needs.

Q. What is the cost for service of a civil paper?

• A summons or subpoena costs only $15.
• An execution against real or personal property is $60.
• An income execution is $35.50 for the first stage and $35.50 for the second.
• There are many other types of civil process with different fees. When multiple types of process are served simultaneously, the statutory fee for each type of process will be charged for each person served.
• All service fees are plus mileage.

Q. What is the number of copies needed for service?

We request the following for each person to be served:

• An original plus two copies of a summons or subpoena.
• An original plus four copies of an execution against property.
• An original plus five copies of an income execution to cover both first and second stage service.

Q. What information do I need for a bank levy?

We request that you provide the debtor’s:

• Last known address.
• Social Security number.
• Account number.
• Any other available identifier.
• Once a bank levy has been made, it usually takes 21 days on average for the bank to process and remit to our office.

Q. What information do I need for personal property levies?

We request that you provide:

• A specific and detailed list of assets or the property upon which we will levy.
• Additional information that is helpful includes:
  • VIN numbers for vehicles and equipment.
  • Serial numbers, color, make or model.
  • Any other combination of identifiers that would assist us in making our levy. You may also be requested to supply someone to accompany the Sheriff to assist with property identification.

Q. What information do I need for an income execution?

Most employers request the debtor’s:

• Last known address.
• Social Security number.
• Departmental number.
• Employee ID number.
• You must also provide the full correct name and address of the employer.

Q. When may I anticipate checks on collection accounts?

Once an execution is working, we issue bi-weekly checks on all accounts once certain funds to be disbursed are cleared at the bank.

Fee Schedule

Attempted service of process is based upon the information provided. Please include any information that you may have to assist us in expeditiously serving your process. This information may include age, description, photograph, work hours, place of employment, vehicle description, etc. The more information you provide, the greater the likelihood of successful service.

Fees for service must be paid in advance. If insufficient fees are received, you will be billed for any additional sum. Fees for service are for each person served. When multiple types of process are served simultaneously, the statutory fee for each type of process will be charged. All fees for mileage are per round trip.

Please contact the Civil Division if you require additional information. There may be additional costs such as fees required to levy, seize, inventory, transport, store, protect, preserve and dispose of property taken into custody pursuant to a mandate.

• An original or two copies of the process are minimum standards unless otherwise specified. After service, any remaining copies will not be returned.
• An original will be returned with the affidavit of service attached. If the process is unable to be served, only then will all copies be returned.
• All service shall be perfected pursuant to CPLR §308 unless “In-Hand” service only is requested in writing.
• Fees for service are for each person to be served.
• Any process from out of state (other than New York) must also have a six-dollar ($6.00) Certification fee for the Deputy and Notary signatures Fees for are for each person served.
• When multiple types of process are served simultaneously, the statutory fee for each type of process served shall be charged.
• Please call for deposit fees for executions, seizures, and attachments. Additionally there may be fees to levy, seize, inventory, transport, store, protect, preserve and dispose of property taken into custody to the aforementioned mandates.

Answer and Supporting Affidavits (All Types)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $30 plus mileage
• Any process from an out of state (other than New York) must also have a six-dollar ($6.00) Certification fee for Deputy and Notary signature

Arrest Order or Warrant

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Three attorney certified copies and supporting papers required
• Fee: $55 plus $10 Commitment Fee and mileage

Attachment

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $70 plus Mileage plus:
  • $15 for receiving the undertaking
  • $15 if we are to serve the Summons and Complaint
  • $55 for each additional levy
  • $85 if real property is attached
• Any process from out of state (other than New York) must also have a six-dollar ($6) Certification fee for Deputy and Notary signatures
• Must be served promptly; usually a rush type situation
• Requirements:
  • Three attorney certified copies; Three copies of Affidavit and supporting papers upon which the order or warrant was granted; Three copies of Affidavit, Letter of Instruction and Index Number
  • If Attachment is for Real Property, the issuing attorney must accompany the Deputy to the Monroe County Clerk and pay any applicable fees that is due the Clerk at the time of service.
  • Sheriff must prepare a notice to attach to each copy.
  • Remind attorney that the Sheriff is entitled to poundage on the amount set forth in the attachment or upon the amount of any settlement (whichever is the lesser).
  • Remind attorney to keep the Sheriff advised of any subsequent orders, decisions, stays, and/or outcome of the action.

Citation (All Types)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $45 plus mileage
• Any process from an out of state (other than New York) must also have a six-dollar ($6.00) Certification fee for Deputy and Notary signatures
• Surrogate Court Citation—In Person only; only a Court Order may authorize another type of service. Must be served At least ten (10) days before return date.

Eviction (All Types)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $110.50 plus mileage plus $ 5.50 Certified and Regular mail fees
• Requires an original plus three (3) certified copies OR four (4) certified copies
• Can be Nailed and Mailed on first trip
• Sheriff must prepare a notice to attach to each copy. Eviction must take place at least 72 hours after the date and time of service. A mobile home owned by the tenant requires at least ninety (90) days after the date and time of service.
• If attorney requests in hand only, do not charge certified mail fees
• Weekends or holidays do not count when computing the seventy-two (72) hour date and time
• (Order of Eviction, Order of Possession, Warrant of Eviction, Warrant of Possession, or Writ of Assistance)

Income Executions (First, Second or Both Stages)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $35.50 for either first OR second stage
• ALTERNATIVELY, $71 if we are to serve first and second stage by that method.
• Two dollar ($2) municipality check made out to the garnishee if they are governmental agency or school district, New York State agencies exempt
• Requirements:
  • An Original and Three (3) copies for each stage service
  • An Original and Five (5) copies if sheriff is to serve both First and Second Stage.
  • Sheriff must prepare a notice to attach to each copy served first and/or second stage
  • The Sheriff is entitled to poundage on the amount set forth in the execution or upon the amount of any settlement (whichever is the lesser) after a levy has been made.
  • Remind attorney to keep the Sheriff advised of any subsequent orders, decisions, stays, and/or settlements.
  • If second stage only, prior county endorsement needed with balance due

Mileage Rate by Zip Code (Round Trip Cost)

• 14420: $7.50
• 14428: $7.00
• 14430: $9.00
• 14445: $4.00
• 14450: $6.00
• 14464: $9.00
• 14467: $4.00
• 14468: $6.00
• 14472: $6.00
• 14506: $6.00
• 14511: $8.00
• 14514: $5.00
• 14526: $4.50
• 14534: $4.00
• 14543: $6.00
• 14546: $6.00
• 14559: $5.00
• 14580: $5.50
• 14586: $4.50
• 14603: $1.00
• 14604: $1.00
• 14605: $2.00
• 14606: $2.00
• 14607: $2.00
• 14608: $2.00
• 14609: $2.00
• 14610: $2.00
• 14611: $1.50
• 14612: $4.00
• 14613: $2.00
• 14614: $1.00
• 14615: $2.50
• 14616: $4.50
• 14617: $3.50
• 14618: $1.50
• 14619: $2.00
• 14620: $1.50
• 14621: $1.50
• 14622: $3.50
• 14623: $3.00
• 14624: $4.00
• 14625: $4.00
• 14626: $6.00
• 14642: $2.00
• 14650: $1.00

Notices (All Types)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $45 plus mileage
• Any process from an out of state (other than New York) must also have a six-dollar ($6) Certification fee for Deputy and Notary signatures
• Notice of Appeal:
  • Ordinary Notice must be served four (4) or five (5) days before the appearance date
  • Notice of Motion-Summary Proceeding must be served at least eight (8) days before return date
  • Notice of Petition and petition to recover possesion of Real Property must be served not less than five (5) days prior or more than twelve (12) days before return date, and be in-hand only to obtain a judgment.
  • Notice of Petition with Petitions and Affidavits must be served at least eight (8) days before return date

Orders (All Types)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $45 plus mileage
• Any process from an out of state (other than New York) must also have a six-dollar ($6) Certification fee for Deputy and Notary signatures
• Order to Show Cause—In Person Only
• Order of Contempt—In Person Only
• Final Order of Contempt—In Person Only
• Order of Protection—In Person Only (No Charge)

Property Executions (All Types)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $30 plus mileage and any certified mail and/or certified and regular mail required for each defendant, garnishee or other party to be served
• Fee: $45 plus mileage for seizures
• Fee: $95 plus mileage for Sheriff’s sales
• Three hundred fifty dollars ($350) towing and storage deposit
• Copy of DMV title record if applicable
• Requirements:
  • An original and four (4) copies for each party to serve
  • An original and five (5) copies if sheriff is to serve both First and Second Stage.
  • Sheriff must prepare a notice to attach to each copy.
  • Remind attorney that the Sheriff is entitled to poundage on the amount set forth in the execution or upon the amount of any settlement (whichever is the lesser) after a levy has been made.
  • Remind attorney to keep the Sheriff advised of any subsequent orders, decisions, stays, and/or settlements.
  • A Sheriff’s Sale fee of ninety dollars ($90) plus mileage. If it is a large sale, additional billable hours will be charged for conducting the sale and the inventory.

Real Estate Executions

• Courts: Supreme
• Fee: $30 plus mileage and any certified mail and/or certified and regular mail required for each defendant, garnishee or other party to be served
• Seven Hundred Dollar ($700.00) deposits for advertising, mailings, etc.)
• Requirements
  • An Original and Four (4) copies for each party to serve
  • Does the “Homestead” exemption apply? Yes or No
  • Must contain the statement: “All that tract or parcel of land....” In addition, a detailed description of the property as it is filed in the County Clerk’s Office.
  • Must be signed and dated
  • Sheriff must prepare a notice to attach to each copy.
  • Remind attorney that the Sheriff is entitled to poundage on the amount set forth in the execution or upon the amount of any settlement (whichever is the lesser) after a levy has been made and to keep the Sheriff advised of any subsequent orders, decisions, stays, and/or settlements.

Order Of Seizure (Replevin)

Read order carefully for special instructions

• Courts: Supreme, County or City Court
• Fee: $90 plus mileage PLUS
  • $70 for each additional defendant
  • $15 if we are to serve the Summons and Complaint
  • Three hundred fifty dollars ($350.00) towing and storage deposit
• Any process from an out of state (other than New York) must also have a six-dollar ($6) Certification fee for Deputy and Notary signatures
• Must be served promptly; usually a rush type situation
• Requirements
  • Three attorney certified copies
  • Three copies of Affidavit and supporting papers upon which the order or warrant was granted
  • Bond must be set and approved by judge

Subpoenas (All Types)

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $15 plus mileage and any applicable witness fees and mileage for the party being served
• Any process from an out of state (other than New York) must also have a six-dollar ($6) Certification fee for Deputy and Notary signatures
• Justice Court must be served Six (6) days before appearance date
• Subpoena Duces Tecum must be served at least twenty-four (24) hours before appearance date
• Subpoena Duces Tecum to examine judgment debtor must be served at least twenty-four (24) hours before appearance date
• Information Subpoena must be served at least twenty-four(24) hours before appearance date
• Subpoena Duces Tecum to bring in records must be served at least twenty-four (24) hours before appearance date
• Judicial Subpoena must be served at least twenty-four (24) hours before appearance date, and must have judge’s signature
• Grand Jury must be in-person only, and at least 24 hours prior to the appearance date

Note: If subpoena is sub-served or nail and mailed, always mail the copy that has the witness fee attached! Make sure that if you are making service by sub-serve or nail and mail on the last day, you prepare a metered envelope addressed to the party being served and mail it by the end of your tour of duty. Service must be completed on the day the process is actually served.

Summons and/or Summons and Complaint

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $15 plus mileage
• Any process from an out of state (other than New York) must also have a six-dollar ($6) Certification fee for Deputy and Notary signatures
• Summons and Notice / Petition for Support
• Summons and Paternity Notice / Petition
• Child Support
• Child Protective
• Divorce Actions—In person only
• Foreclosure—In person only
• Family Court:
  • Support—Eight (8) days before appearance date
  • Paternity—Eight (8) days before appearance date
  • Guardianship—Twenty (20) days before appearance date
  • Adoption—Twenty (20) days before appearance date
  • Paternal Rights—Twenty(20) days before appearance date

Note: “Divorce Yourself” Must obtain military AND some other form of ID such as driver’s license number, etc. and record this information on the file jacket. Make sure that if you are making service by sub-serve or nail and mail, you prepare a metered envelope addressed to the party being served and mail it by the end of your tour of duty. Service must be completed on the day the process is actually served.

Writ of Habeas Corpus

• For all courts: Federal, Supreme, Surrogate, Family, City and Justice
• Fee: $50 plus mileage

Note: May be served upon any person having custody, but must be served upon person directed also. This is the only Civil Process that may be served on Sunday.