NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3498A
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to
increasing the fixed fees for services provided by sheriffs
PURPOSE OF BILL:
To increase the statutorily fixed fees for New York City sheriffs and
marshals to perform their duties so that such rates and fees reflect the
rate of inflation since such rates were last increased in 2002.
SUMMARY OF PROVISIONS:
Section 1: Amends Section 8011 of the Civil Practice Law and Rules, to
increase the fixed fees for sheriffs and marshals for the performance of
their duties so that such fees reflect the rate of inflation since such
rates were last increased in 2002.
Section 2: Effective date.
JUSTIFICATION:
Sheriffs and Marshals in New York City perform a multitude of services
to assist creditors in satisfying claims they have successfully liti-
gated, including:
*Levy or execution upon real or personal property; -*Income execution;
*Recovery of chattel; and
*Eviction or sales of real or personal property.
The expenses associated with the performance of these services are not
reimbursed based on actual expenses, but rather in accordance with a
schedule of modest fees fixed in statute. These fees were last raised in
Ch. 655 of L. 2002. During this time-period, costs of supplies, support
staff wages and office overhead are continually on the rise, as are gas
prices.
Since 2002, the last time that the service rates were increased for
Sheriffs and NYC Marshals, the Consumer Price Index (CPI) has increased
by at least 36%. However, since the fees specified in statue are not
indexed to inflation, the effect of this situation is that the effective
rate of these statutory fees has decreased by 36%. Under this bill, the
service fees have beet increased by 33%, hence this bill brings back the
effective rate of such service fees to perform such services back to
what they were, in real terms, to 2002. This legislation will ensure
that the fees that such sheriffs and marshals receive more accurately
reflects the actual costs associated with the critical functions that
they perform.
LEGISLATIVE HISTORY:
2021-22: A.1291- Referred to Judiciary / S.4643 - Referred to Judiciary
2020:A.2361- Passed the Assembly/5.4239- Referred to Judiciary
2019:A.2361- Passed the Assembly/S.4239- Referred to Judiciary
2018:A.9832- Reported to Rules /S.5110 -Reported to Finance
FISCAL JMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
3498--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Judiciary -- reported and referred to the Committee on Ways and
Means -- reported and referred to the Committee on Rules -- recommit-
ted to the Committee on Ways and Means in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to
increasing the fixed fees for services provided by sheriffs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8011 of the civil practice law and rules, as
2 amended by chapter 655 of the laws of 2002, subdivision (h) as amended
3 by chapter 36 of the laws of 2007, is amended to read as follows:
4 § 8011. Fixed fees of sheriffs. For the services specified, a sheriff
5 is entitled to the following fees and, where indicated, these shall be
6 paid in advance.
7 (a) Order of attachment.
8 1. For receiving an order of attachment, entering it in the appropri-
9 ate books, and return when required, [fifteen] twenty dollars, in
10 advance.
11 2. For levying upon real or personal property, [forty] fifty dollars,
12 in advance.
13 3. For each additional levy upon real or personal property by virtue
14 of an order of attachment, [forty] fifty dollars, in advance.
15 4. For serving a copy of an order of attachment on a defendant, and
16 for serving a copy on each additional defendant, [fifteen] twenty
17 dollars, in advance.
18 5. For serving a summons with or without a complaint, [fifteen] twenty
19 dollars, in advance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00598-03-4
A. 3498--A 2
1 6. For making and filing a description of real property, or an inven-
2 tory of personal property, levied upon by virtue of an order of attach-
3 ment, or an estimate of the value thereof, [fifteen] twenty dollars.
4 7. Mileage for services covered in paragraphs two, three and four of
5 this subdivision, in advance, provided, however, that where the services
6 covered in such paragraphs are performed at the same time and place,
7 there shall be only one mileage fee.
8 (b) Property execution.
9 1. For receiving an execution against property, entering it in the
10 appropriate books, and return when required, [fifteen] twenty dollars,
11 in advance, except that in an execution which arises out of an action
12 brought pursuant to article eighteen of the uniform district court act,
13 article eighteen of the uniform city court act, article eighteen of the
14 New York city civil court act or article eighteen of the uniform justice
15 court act, the fees provided in this subdivision shall not be collected
16 in advance.
17 2. For levying upon property by virtue of an execution, [fifteen]
18 twenty dollars.
19 3. For making an inventory of property levied upon by virtue of an
20 execution, [fifteen] twenty dollars.
21 4. Mileage for services covered in paragraphs two and three of this
22 subdivision, in advance, provided however, that where the services
23 covered in such paragraphs are performed at the same time, there shall
24 be only one mileage fee.
25 (c) Income execution; service upon judgment debtor.
26 1. For receiving an income execution, entering it in appropriate
27 books, and return when required, [fifteen] twenty dollars, in advance.
28 2. For serving the income execution upon the judgment debtor,
29 [fifteen] twenty dollars, in advance.
30 3. Mileage for service covered in paragraph two of this subdivision,
31 unless such execution is served by mail.
32 (d) Income execution; levy upon default or failure to serve judgment
33 debtor.
34 1. For serving an income execution, entering it in the appropriate
35 books, and return when required, [fifteen] twenty dollars, in advance.
36 2. For levying upon the money that the judgment debtor is receiving or
37 will receive, [fifteen] twenty dollars, in advance.
38 3. Mileage for services covered in paragraph two of this subdivision
39 unless such levy is made by mail.
40 (e) Recovery of chattel.
41 1. For receiving an order to recover chattel, entering it in the
42 appropriate books, and return when required, [fifteen] twenty dollars,
43 in advance.
44 2. For executing the order of seizure against the defendant's chattel
45 or chattels, [seventy-five] one hundred dollars, in advance.
46 3. For executing the order of seizure against the chattel or chattels
47 of an additional defendant or any other person in whose possession said
48 chattel or chattels may be found, [forty] fifty dollars, in advance.
49 4. For serving an additional copy of the required papers, [fifteen]
50 twenty dollars, in advance.
51 5. For serving the summons with or without a complaint, [fifteen]
52 twenty dollars, in advance.
53 6. Mileage for services covered in paragraphs two, three, four and
54 five of this subdivision, in advance, provided however, that where the
55 services covered in such paragraphs are performed at the same time and
56 place, there shall be only one mileage fee.
A. 3498--A 3
1 (f) Summary proceeding.
2 1. Notice of petition and petition.
3 (i) For receiving a notice of petition and petition, obtaining an
4 index number when required, entering it in the appropriate books, and
5 return, [fifteen] twenty dollars, in advance.
6 (ii) For serving the notice of petition on a tenant or other person in
7 possession, [fifteen] twenty dollars, in advance.
8 (iii) For serving the notice of petition on each additional tenant,
9 undertenant, subtenant, person or persons in possession, or person or
10 persons not in possession to be served, [fifteen] twenty dollars, in
11 advance.
12 (iv) For making an affidavit of military or nonmilitary service,
13 [fifteen] twenty dollars for each affidavit, in advance.
14 (v) Mileage for services covered in subparagraph (ii) of this para-
15 graph, and where person or persons named in the petition are to be
16 served at an address or addresses other than the premises described in
17 the petition, additional mileage shall be paid, in advance, except where
18 two or more notices of petition are to be served at the same time, with-
19 in the same site or location, there shall be only one mileage fee.
20 2. Warrant of eviction or any mandate requiring delivery of possession
21 of real property and removal of person or persons in possession.
22 (i) For requisitioning, receiving, entering in the appropriate books,
23 and for the return of a warrant of eviction or any other mandate,
24 fifteen dollars, in advance.
25 (ii) For service of notice of eviction on a person or persons to be
26 served, fifteen dollars for each person to be served, in advance.
27 (iii) Mileage of services covered in subparagraph (ii) of this para-
28 graph, in advance, except where two or more notices of eviction are to
29 be served at the same time, within the same site or location, there
30 shall be only one mileage fee.
31 (iv) For executing a warrant of eviction or any mandate requiring him
32 or her to put a person in possession of real property and removing
33 person or persons in possession, seventy-five dollars, in advance.
34 (v) Mileage for services covered in subparagraph (iv) of this para-
35 graph, in advance.
36 (g) Sales.
37 1. For posting of notice, including advertising real or personal prop-
38 erty for sale by virtue of an execution, order of attachment, or other
39 mandate, or in pursuance of a direction contained in a judgment, or for
40 a notice of postponement of a sale, [fifteen] twenty dollars.
41 2. For drawing and executing a conveyance upon a sale of real proper-
42 ty, [twenty] twenty-five dollars, to be paid by the grantee, in advance.
43 3. For attending a sale of real or personal property, [fifteen] twenty
44 dollars.
45 4. For conducting a sale of real or personal property, [fifteen] twen-
46 ty dollars.
47 5. Mileage for services covered in paragraphs three and four of this
48 subdivision provided, however, that where the services covered in such
49 paragraphs are performed at the same time and place, there shall be only
50 one mileage fee.
51 (h) Summons, subpoenas and other mandates.
52 1. For serving a summons, with or without a complaint or notice, for
53 serving a subpoena, or for serving civil process, [fifteen] twenty
54 dollars, in advance.
55 2. For serving or executing an order of arrest, or any other mandate
56 for the service or execution of which no other fee is specifically
A. 3498--A 4
1 prescribed by law, [forty-five] fifty-five dollars, in advance, except
2 that when a court has directed the service of an order of protection,
3 there shall be no fee for service of such order and of any related
4 orders or papers to be served simultaneously.
5 3. Mileage for services subject to fees under paragraphs one and two
6 of this subdivision, in advance.
7 4. For receiving a precept issued by commissioners appointed to
8 inquire concerning the incompetency of a person, the fee allowed the
9 clerk by subdivision (a) of section eight thousand twenty of this arti-
10 cle for placing a cause on the calendar, and for notifying a county
11 clerk or commissioner of jurors pursuant to such a precept, the fee, if
12 any, allowed the clerk by subdivision (c) of section eight thousand
13 twenty of this article for filing a demand for jury trial.
14 (i) Undertakings; returns; copies.
15 1. For taking any undertaking which the sheriff is authorized to take
16 [one dollar and fifty cents] two dollars, and the notary's fees to any
17 affidavit or acknowledgements.
18 2. For making a copy of a description or any inventory of property
19 levied upon by virtue of an order of attachment, or of a summons or
20 complaint, or other mandate, or an affidavit or any other paper served
21 by him or her, [ten] fifteen dollars, in advance.
22 3. For a certified copy of an execution, and of the return or satis-
23 faction thereupon, or for a certified copy of any undertaking which he
24 or she is authorized to take, [ten] fifteen dollars.
25 (j) Prisoners.
26 1. For each person committed to or discharged from prison, [ten]
27 fifteen dollars, in advance, to be paid by the person at whose instance
28 he or she is imprisoned.
29 2. For attending before an officer for the purpose of surrendering a
30 prisoner, or receiving into custody a prisoner surrendered, in exonera-
31 tion of his or her bail, [ten] fifteen dollars, for all his or her
32 services upon such a surrender or receipt.
33 (k) Jurors; view; constables' services.
34 1. For notifying jurors to attend upon a writ of inquiry, [two] three
35 dollars [and fifty cents] for each juror notified, including the making
36 and return of the inquisition, when required; and for attending a jury
37 when required in such a case, [twenty-eight] thirty dollars.
38 2. For attending a view, [ten] fifteen dollars for each day.
39 3. For any services which may be rendered by a constable, other than
40 those specifically provided for in this section, section eight thousand
41 twelve or eight thousand thirteen of this article, to the same fees as
42 are allowed by law to a constable for those services.
43 § 2. This act shall take effect on the ninetieth day after it shall
44 have become a law.
