Civil Bureau : Fee Schedule

Mailing Address:

130 South Plymouth Ave, Room #100
Rochester, New York 14614
Telephone Number:
Voice (585) 753-4320
Fax (585) 753-4288

Office Hours:

Monday through Friday, 9 a.m. to 5 p.m.
Closed Saturday, Sunday, and Holidays

Deputy Hours:

Monday through Thursday, 8:15 a.m. to 9:00 p.m.; Friday, 8:15 a.m. to 4:30 p.m.
Saturday as required, Sunday and Holidays closed
 

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.
 

* Any process from out of state (other than New York) must also have a six-dollar ($6.00) Certification fee for Deputy and Notary signatures
* Must be served promptly; usually a rush type situation
* Requirements
o 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
o 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.
o Sheriff must prepare a notice to attach to each copy.
o 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).
o 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 $45.00 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, $71.00 if we are to serve first and second stage by that method.
* Two dollar ($2.00) municipality check made out to the garnishee if they are governmental agency or school district, New York State agencies exempt
* Requirements
o An Original and Three (3) copies for each stage service
o An Original and Five (5) copies if sheriff is to serve both First and Second Stage.
o Sheriff must prepare a notice to attach to each copy served first and/or second stage
o 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.
o Remind attorney to keep the Sheriff advised of any subsequent orders, decisions, stays, and/or settlements.
o If second stage only, prior county endorsement needed with balance due
 

Mileage Rate by Zip Code (Round trip cost)

Zip Code	Cost	Zip Code	Cost
14420	$17.50	14607	$1.50
14428	$14.00	14608	$.50
14430	$18.00	14609	$6.50
14445	$7.00	14610	$4.00
14450	$12.00	14611	$1.50
14464	$26.00	14612	$10.00
14467	$6.50	14613	$2.00
14468	$17.50	14614	$.50
14472	$16.00	14615	$5.50
14506	$17.00	14616	$8.50
14511	$19.00	14617	$5.00
14514	$12.00	14618	$5.50
14526	$9.00	14619	$2.00
14534	$9.50	14620	$2.00
14543	$16.50	14621	$2.50
14546	$16.00	14622	$8.50
14559	$10.00	14623	$5.00
14580	12.00	14624	$9.00
14586	$8.00	14625	$6.00
14603	$1.50	14626	$8.00
14604	$.50	14642	$2.00
14605	$1.50	14650	$1.00
14606	$4.00

 

Notices - All Types

* For all courts: Federal, Supreme, Surrogate, Family, City and Justice
* Fee $45.00 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
 

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 $45.00 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
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 $30.00 plus mileage and any certified mail and/or certified and regular mail required for each defendant, garnishee or other party to be served
* Fee $45.00 plus mileage for seizures
* Fee $95.00 plus mileage for Sheriff's sales
* Three hundred fifty dollars ($350.00) towing and storage deposit
* Copy of DMV title record if applicable
* Requirements
o An original and four (4) copies for each party to serve
o An original and five (5) copies if sheriff is to serve both First and Second Stage.
o Sheriff must prepare a notice to attach to each copy.
o 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.
o Remind attorney to keep the Sheriff advised of any subsequent orders, decisions, stays, and/or settlements.
o A Sheriff's Sale fee of ninety dollars ($90.00) 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 $30.00 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

Order Of Seizure (Replevin) - Read order carefully for special instructions

* Courts: Supreme, County or City Court
* Fee $ 90.00 plus Mileage PLUS

* 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
* Must be served promptly; usually a rush type situation
* Requirements
o Three attorney certified copies
o Three copies of Affidavit and supporting papers upon which the order or warrant was granted
o Bond must be set and approved by judge
 

Subpoena's - All Types

* For all courts: Federal, Supreme, Surrogate, Family, City and Justice
* Fee $15.00 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 ($6.00) 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 & mailed, always mail the copy that has the witness fee attached! Make sure that if you are making service by sub-serve or nail & 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 & Complaint

* For all courts: Federal, Supreme, Surrogate, Family, City and Justice
* Fee $15.00 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
* Summons & Notice / Petition for Support
* Summons & Paternity Notice / Petition
* Child Support
* Child Protective
* Divorce Actions - In person only
* Foreclosure- In person only
* Family Court
o Support - Eight (8) days before appearance date
o Paternity - Eight (8) days before appearance date
o Guardianship - Twenty (20) days before appearance date
o Adoption - Twenty (20) days before appearance date
o 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 #, etc. and record this information on the file jacket. Make sure that if you are making service by sub-serve or nail & 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 $50.00 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.