Civil Division
The Civil Division is a state mandated service of
the Sheriff's Office. Its purpose and function is to serve and execute
the various legal processes issued not only by and for the several
non-criminal courts of the state and its subdivisions, but also
for the legal community and the general public. Departmental and
divisional policies and procedures are consistent with New York
State and court case law. These policies are designed and developed
to insure the accurate, expeditious, and judicious service and execution
of all matters relating to civil process which includes the Civil
Practice Law and Rules (CPLR), Judiciary Law, Real Property Actions
and Proceedings Law (RPAPL), Family Court Act (FCA), etc.
Deputy Sheriffs are public officers entrusted to
perform specific duties that contribute to the administration of
justice. The purpose of service of civil process is to give notice
to a defendant of the commencement of a legal action or a proceeding.
Although any private citizen over 18 years of age can serve process
if they are not party to the action, Sheriff's Offices are asked
to serve process because of their traditionally good record keeping
practices and professional service.
Specific types of civil process...
Income
Execution:
An income execution is an enforcement instrument issued by
the judgment creditor's attorney acting as an officer of the
court, or the court clerk, directing the Sheriff to satisfy
a money judgment out of the judgment debtor's income. The
earnings of the debtor and application of the State and Federal
rules for payment, calculation and regulation determine the
amount of each payment. Payments may be paid to the Sheriff
either voluntarily or involuntarily through payroll deductions.
Income executions, which are not paid voluntarily, are served
second stage on the debtor's employer. The purpose of the
second stage service, is to seize the proper amount of money
from the debtor's pay. The employer is required to forward
this specific amount to the Sheriff for application to the
account.
Property
Execution:
The purpose or function of the property execution is to satisfy
a judgment by the seizing of property. In most cases the judgment
will be for the payment of money, The Sheriff will either
seize cash, personal property or real property or conduct
a public auction to convert the property to cash. Although
we are essentially acting as agents for the judgment creditor
in the action, our activities will be performed in a neutral,
unbiased manner.
The Sheriff seizes
only property in which the debtor
has an interest in, and seizes only
that interest.
Order of Seizure:
An order of seizure is used to seize
specified items of personal property
whose ownership and possession is
disputed. A final judgment will usually
direct the disposition of the property
to a specified party,
Both of the above referenced
processes are "provisional remedies"
which means that although they are
court orders, they are pre final judgment.
Any property seized is taken into
the Sheriff's custody and held by
him until the disposition is ordered
by the court.
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Order of Attachment:
The purpose or function of an attachment is to seize and encumber
property which may be used to satisfy a judgment. Property
attached can be liquidated to satisfy the money judgment.
Personal and real property can be attached.
Eviction:
A two-part process -
- Notice of Petition.
Service of the "Notice of Petition"
commences the proceeding upon filing
of the proof of service (affidavit),
- Warrant of Eviction
- The Warrant of Eviction is a court
order, signed by a judge, after
judgment and issued to an enforcement
officer. It directs the enforcement
officer to put a landlord-petitioner
in full possession of a particular
premises, and to remove all persons
and personal property that are blocking
his right to his real property.
Visit the website of
the New
York State Attorney General to
learn about rights you may have as
a tenant,
or as a purchaser or tenant of a manufactured
home.
Civil
Arrests:
Except as provided for In the Family Court Act, a civil arrest
can only occur with a warrant or other written direction from
a court. The court of record has the power to punish for civil
contempt; this includes: Proceedings to enforce money judgments
by (CPLR 521 0) and enforcement of judgment or order in divorce,
separation or annulment by DBL 245. A Warrant of Arrest may
be Issued where a judgment debtor possesses or controls property
and is concealing himself or about to leave the state. A warrant
may also be issued where a party has disobeyed a subpoena.
Fees for
Legal Process >>
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Income Execution