15 E. Chautauqua Street  P.O. Box 128 Mayville, NY 14757   716-753-2131


Sheriff Joseph A. Gerace

Integrity Fairness Compassion Professionalism

 

     

Chautauqua County Sheriff's Office Civil Fee Schedule

 

  Print this Fee Schedule

Make Payments to
Chautauqua County Sheriff's Office
Attn: Civil Division
P.O. Box 128
Mayville, NY 14757

  • All fees are PAYABLE IN ADVANCE.
  • Fees listed are per person to be served.
  • Enclose necessary number of copies for service.
  • Include self addressed postage paid return envelope.
  • Do NOT send cash.
  • Mileage not included in fees listed (See Mileage chart)
  • Mailing cost $5.59 Certified, Return Receipt Requested;
  • Additional costs charged for larger or heavier mailings.
  • Please call for fees if in question (716) 753-4371
  • WITHOUT EXECEPTION papers received without appropriate fees will be returned undocketed.


 
INCOME EXECUTIONS - CPLR 5231
First Stage Only * Original and 5 copies
$15.00
$15.00
$10.00
$40.00 + Mileage to Debtor
8011(c) 1
8011(c) 2
8011(i) 1
Receiving, Entering, Return
Service
Creditor's Copy of Execution

For 2nd stage service in another County ONLY.
(Defendant lives in Chautauqua County - Employed outside of Chautauqua County)

Second Stage Only * - Original and 4 copies
$15.00
$15.00
$10.00
$40.00 + Mileage to Employer
8011 (d) 1
8011 (d) 2
8011 (i) 2
Service, Entering, Return
Levy
Creditor's Copy of Execution
* Original must be endorsed by Sheriff making 1st stage service and balance/interest adjusted properly
(Defendant lives outside of Chautauqua County - Employed in Chautauqua County)

Both Stages - Original and 5 copies
$15.00
$15.00
$15.00
$15.00
$10.00
$70.00 + Mileage to Debtor AND to Employer
8011 (c) 1
8011 (c) 2
8011 (d) 1
8011 (d) 2
8011 (i) 2
Receive, Enter, Return
First Stage Service
Second Stage Service
Levy
Creditor's Copy of Execution

(Defendant lives and is Employed in Chautauqua County)


INCOME EXECUTION - CPLR 5241 - SUPPORT ENFORCEMENT
Service on Debtor
$15.00
$15.00
$30.00 + Mileage
8011 (c) 1
8011 (c) 2
Receive, Enter
Service
Service on Employer
$15.00
$15.00
$15.00
$45.00 + Mileage
8011 (c) 1
8011 (d) 1
8011 (d) 2
Receive, Enter
Service
Levy
PROPERTY EXECUTION
  • Original and 4 copies required.
  • Include detailed property description and proof of Ownership; certified copy of title, UCC filings, etc.
  • If CPLR 5232 (c) not complied with, add $15.00 for service of Notice to Judgement Debtor.
  • ADVANCED PAYMENT REQUIRED for towing, storage, moving, publication costs, labor, etc.
Third Party - Levy by Service
Property not Capable of Delivery 
$15.00
$15.00
$10.00
$40.00 + Mileage
8011 (b) 1
8011 (b) 2
8011 (i) 2
Receive, Enter, Return
Levy
Creditor's Copy of Execution

As a result of the changes to CPLR 5222-c, there will be a new fee for 3rd Party Levy by Service Property Executions. Effective 1/1/09, the fee for a Property Execution against a debtor who is a natural person and, the targeted funds are in a direct-deposit account with exempt funds, and the garnishee is a financial institution will be $85. The additional $45 is for the required service of the Exemption Notice and 2 Exemption Claim Forms. As always, there will be the appropriate mileage fee to the financial institution in addition to the $85.
The breakdown of the new fee is described below: 

$15.00
$15.00
$10.00
$15.00
$30.00
$85.00 + Mileage
8011 (b) 1
8011 (b) 2

8011 (i) 3
8011 (h) 1
8011 (h) 1
Receive, Enter, Return
Levy

Creditor's Copy of Execution
Exemption Notice
2 Exemption Claim Forms

The old fee of $40 (plus mileage) will still apply to 3rd Party-Levy by Service Property Executions when the debtor is not a natural person or the debtor is a natural person and the garnishee is not a financial institution or the debtor is a natural person and the garnishee is a financial institution but the targeted funds are not in a direct-deposit account with exempt funds.
 
Property Capable of Delivery *
$15.00
$15.00

$15.00
$10.00
$55 + Mileage
8011 (b) 1
8011 (b) 2

8011 (b) 3
8011 (i) 2
receive, Enter, Return
Levy

Inventory
Creditor's Copy of Execution
* Levy made by service on garnishee in possession of tangible property of the debtor. If garnishee refuses to turn property over to Sheriff, creditor can proceed pursuant to CPLR 5225 and/or 5227. Inventory made upon delivery or property to Sheriff.
Straight or Demand Execution
$15.00
$45.00
$15.00
$15.00
$10.00
$100.00 + Mileage
8011 (b) 1
8011 (h) 2

8011 (b) 2
8011 (b) 3
8011 (i) 2
Receive, Enter, Return
Service of Mandate *

Levy
Inventory
Creditor's Copy of Execution
* Service of the execution and making demand on the debtor in addition to levy on property identified. Mandate, definition: 28-a General Construction Law.
Executions Directing the Sale of Real Property or Delivered to Share in the Proceeds of Execution Sales
$15.00
$45.00

$10.00
$70.00 + Mileage
8011 (b) 1
8011 (h) 2

8011 (i) 2
Receive, Enter, Return
Execute Mandate

Creditor's Copy of Execution
Execution - Judgement or Order Awarding Possession of Real or Personal Property - CPLR 5102
Real Property *
$15.00
$75.00
$10.00
$100.00 + Mileage
8011 (b) 1
8011 (f) 2 (iv)

8011 (i) 2
Receive, Enter, Return
Execute

Creditor's Copy of Execution
Personal Property *
$15.00
$45.00
$15.00
$10.00
$85.00 + Mileage
8011 (b) 1
8011 (h) 2
8011 (b) 3
8011 (i) 2
Receive, Enter, Return
Execute
Inventory
Creditor's Copy of Execution

* Add $15.00 if levy is required.

SUMMONS, SUBPOENA, CIVIL PROCESS (NOT ISSUED BY COURT)
$15.00 8011 (H) 1 Per Defendant or Service
  • 2 copies required for each defendant served
  • 3 copies required if time stamp filing is requested
MANDATES, ORDERS, SURROGATE COURT CITATION, RESTRAINING NOTICE
$45.00 8011 (h) 2 Per Defendant Served
  • Include court index number
  • 2 copies for each service. If sub-service is permissable, send additional copies
  • Indicate any special service instructions and/or time limitations
SUMMARY PROCEEDINGS

Notice of Petition and Petition - Real Property Actions

$15.00
$15.00
$15.00
$15.00
$60.00 + Mileage per Captioned Respondent
8011 (f) 1 (i)
8011 (f) 1 (ii)

8011 (h) 1
8011 (f ) 1 (iv)
Receive, Enter, Return
Service Notice of Petition

Serve Petition
Military Affidavit

Eviction, Order for a Writ of Assistance

$15.00
$15.00

$75.00
$105.00 + Mileage per Captioned Respondent
8011 (f) 2 (i)
8011 (f) 2 (ii)

8011 (f) 2 (iv)
Receive, Enter, Return
Serve Notification of Execution

Execute
  • Original and 4 copies required
  • Moving and Storage costs required in advance
ORDER OF ATTACHMENT
Service on Garnishee
$15.00
$40.00

$15.00
$70.00 + Mileage
8011 (a) 1
8011 (a) 2

8011 (a) 6
Receive, Enter, Return
Levy-Additional Levy 8011 (a) 3

Description
Service on Defendant
$15.00
$15.00

$15.00
$45.00 + Mileage
8011 (a) 1
8011 (a) 4

8011 (a) 5
Receive, Enter, Return
Service

Service of Summons
  • Include court index number, undertaking, underlying papers and detailed service requirements
  • 3 certified copies per service
ORDER OF SEIZURE (REPLEVIN)
$15.00
$75.00
$90.00 + Mileage
8011 (e) 1
8011 (e) 2
Receive, Enter, Return
Execute
Additional Defendants
$40.00
$15.00
$55.00 + Mileage
8011 (e) 3
8011 (e) 4
Execute
Service
$15.00 Additional for service of Summons and Complaint
  • 5 certified copies for each service
  • Include index number, undertaking and affidavit
  • Advance payment required for towing, storage, moving
CIVIL ARREST
Arrest
$45.00
$10.00
$55.00 + Mileage
8011 (h) 2
8011 (j) 2
Serve and Execute
Bring Prisoner to Court
Commitment
$10.00
$10.00
$20.00
8011 (j) 1
8011 (j) 1
Commitment to Jail
Discharge from Jail
SALES
$15.00
$20.00

$15.00
$15.00
8011 (g) 1
8011 (g) 2

8011 (g) 3
8011 (g) 4
Any posting of Notice of Sale
Execute Real Property Deed

Attend a Sale
Conduct a Sale
COPIES
$10.00 8011 (i) 2 For any paper served, Affidavit, Inventory or Description


CHAUTAUQUA COUNTY SHERIFF'S DEPARTMENT MAYVILLE, NY 14757
MILEAGE CHART AND MILEAGE FEES AT $.555 PER MILE TO LOCATIONS
As of
01-01-2013

 

LOCATION FEE ONE WAY ROUND TRIP MILEAGE
Ashville 16 32 $18.08
Bear Lake 13 26 $14.69
Bemus Point 11 22 $12.43
Brocton 16 32 $18.08
Busti 24 48 $27.12
Cassadaga 12 24 $13.56
Celoron 19 38 $21.47
Chautauqua 4 8 $4.52
Cherry Creek 26 52 $29.38
Clymer 20 40 $22.60
Conewango Valley 25 50 $28.25
Dewittville 5 10 $5.65
Dunkirk 25 50 $28.25
Ellington 25 50 $28.25
Falconer 24 48 $27.12
Findley Lake 18 36 $20.34
Forestville 32 64 $36.16
Fredonia 23 46 $25.99
Frewsburg 27 54 $30.51
Gerry 20 40 $22.60
Greenhurst 16 32 $18.08
Irving 36 72 $40.68
Jamestown 22 44 $24.86
Kennedy 30 60 $33.90
Lakewood 18 36 $20.34
Lily Dale 12 24 $13.56
Mayville 0 0 $0.00
Niobe 20 40 $22.60
North Clymer 15 30 $16.95
Panama 15 30 $16.95
Portland 14 28 $15.82
Ripley 16 32 $18.08
Sheridan 28 56 $31.64
Sherman 10 20 $11.30
Silver Creek 32 64 $36.16
Sinclairville 15 30 $16.95
South Dayton* 30 60 $33.60
Stockton 10 20 $11.30
Stow 9 18 $10.17
Van Buren 19 38 $21.47
Westfield 7 14 $7.91

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