§ 8011.Fixed fees of sheriffs.

Article 80. Fees · Last amended 2025 · Last verified July 21, 2026

In one sentenceCPLR 8011 lists the fixed dollar fees a sheriff collects, most of them payable in advance, for services ranging from attachments, executions, and evictions to sales, service of process, prisoner handling, and jury or constable duties.

Full Text of CPLR 8011

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

For the services specified, a sheriff is entitled to the following fees and, where indicated, these shall be paid in advance.

(a) Order of attachment. 1. For receiving an order of attachment, entering it in the appropriate books, and return when required, twenty dollars, in advance. 2. For levying upon real or personal property, fifty dollars, in advance. 3. For each additional levy upon real or personal property by virtue of an order of attachment, fifty dollars, in advance. 4. For serving a copy of an order of attachment on a defendant, and for serving a copy on each additional defendant, twenty dollars, in advance. 5. For serving a summons with or without a complaint, twenty dollars, in advance. 6. For making and filing a description of real property, or an inventory of personal property, levied upon by virtue of an order of attachment, or an estimate of the value thereof, twenty dollars. 7. Mileage for services covered in paragraphs two, three and four of this subdivision, in advance, provided, however, that where the services covered in such paragraphs are performed at the same time and place, there shall be only one mileage fee.

(b) Property execution. 1. For receiving an execution against property, entering it in the appropriate books, and return when required, twenty dollars, in advance, except that in an execution which arises out of an action brought pursuant to article eighteen of the uniform district court act, article eighteen of the uniform city court act, article eighteen of the New York city civil court act or article eighteen of the uniform justice court act, the fees provided in this subdivision shall not be collected in advance. 2. For levying upon property by virtue of an execution, twenty dollars. 3. For making an inventory of property levied upon by virtue of an execution, twenty dollars. 4. Mileage for services covered in paragraphs two and three of this subdivision, in advance, provided however, that where the services covered in such paragraphs are performed at the same time, there shall be only one mileage fee.

(c) Income execution; service upon judgment debtor. 1. For receiving an income execution, entering it in appropriate books, and return when required, twenty dollars, in advance. 2. For serving the income execution upon the judgment debtor, twenty dollars, in advance. 3. Mileage for service covered in paragraph two of this subdivision, unless such execution is served by mail.

(d) Income execution; levy upon default or failure to serve judgment debtor.

1. For serving an income execution, entering it in the appropriate books, and return when required, twenty dollars, in advance.

2. For levying upon the money that the judgment debtor is receiving or will receive, twenty dollars, in advance.

3. Mileage for services covered in paragraph two of this subdivision unless such levy is made by mail.

(e) Recovery of chattel.

1. For receiving an order to recover chattel, entering it in the appropriate books, and return when required, twenty dollars, in advance.

2. For executing the order of seizure against the defendant’s chattel or chattels, one hundred dollars, in advance.

3. For executing the order of seizure against the chattel or chattels of an additional defendant or any other person in whose possession said chattel or chattels may be found, fifty dollars, in advance.

4. For serving an additional copy of the required papers, twenty dollars, in advance.

5. For serving the summons with or without a complaint, twenty dollars, in advance.

6. Mileage for services covered in paragraphs two, three, four and five of this subdivision, in advance, provided however, that where the services covered in such paragraphs are performed at the same time and place, there shall be only one mileage fee.

(f) Summary proceeding.

1. Notice of petition and petition.

(i) For receiving a notice of petition and petition, obtaining an index number when required, entering it in the appropriate books, and return, twenty dollars, in advance.

(ii) For serving the notice of petition on a tenant or other person in possession, twenty dollars, in advance.

(iii) For serving the notice of petition on each additional tenant, undertenant, subtenant, person or persons in possession, or person or persons not in possession to be served, twenty dollars, in advance.

(iv) For making an affidavit of military or nonmilitary service, twenty dollars for each affidavit, in advance.

(v) Mileage for services covered in subparagraph (ii) of this paragraph, and where person or persons named in the petition are to be served at an address or addresses other than the premises described in the petition, additional mileage shall be paid, in advance, except where two or more notices of petition are to be served at the same time, within the same site or location, there shall be only one mileage fee.

2. Warrant of eviction or any mandate requiring delivery of possession of real property and removal of person or persons in possession.

(i) For requisitioning, receiving, entering in the appropriate books, and for the return of a warrant of eviction or any other mandate, fifteen dollars, in advance.

(ii) For service of notice of eviction on a person or persons to be served, fifteen dollars for each person to be served, in advance.

(iii) Mileage of services covered in subparagraph (ii) of this paragraph, in advance, except where two or more notices of eviction are to be served at the same time, within the same site or location, there shall be only one mileage fee.

(iv) For executing a warrant of eviction or any mandate requiring him or her to put a person in possession of real property and removing person or persons in possession, seventy-five dollars, in advance.

(v) Mileage for services covered in subparagraph (iv) of this paragraph, in advance.

(g) Sales.

1. For posting of notice, including advertising real or personal property for sale by virtue of an execution, order of attachment, or other mandate, or in pursuance of a direction contained in a judgment, or for a notice of postponement of a sale, twenty dollars.

2. For drawing and executing a conveyance upon a sale of real property, twenty-five dollars, to be paid by the grantee, in advance.

3. For attending a sale of real or personal property, twenty dollars.

4. For conducting a sale of real or personal property, twenty dollars.

5. Mileage for services covered in paragraphs three and four of this subdivision provided, however, that where the services covered in such paragraphs are performed at the same time and place, there shall be only one mileage fee.

(h) Summons, subpoenas and other mandates.

1. For serving a summons, with or without a complaint or notice, for serving a subpoena, or for serving civil process, twenty dollars, in advance.

2. For serving or executing an order of arrest, or any other mandate for the service or execution of which no other fee is specifically prescribed by law, fifty-five dollars, in advance, except that when a court has directed the service of an order of protection, there shall be no fee for service of such order and of any related orders or papers to be served simultaneously.

3. Mileage for services subject to fees under paragraphs one and two of this subdivision, in advance.

4. For receiving a precept issued by commissioners appointed to inquire concerning the incompetency of a person, the fee allowed the clerk by subdivision (a) of section eight thousand twenty of this article for placing a cause on the calendar, and for notifying a county clerk or commissioner of jurors pursuant to such a precept, the fee, if any, allowed the clerk by subdivision (c) of section eight thousand twenty of this article for filing a demand for jury trial.

(i) Undertakings; returns; copies.

1. For taking any undertaking which the sheriff is authorized to take two dollars, and the notary’s fees to any affidavit or acknowledgements.

2. For making a copy of a description or any inventory of property levied upon by virtue of an order of attachment, or of a summons or complaint, or other mandate, or an affidavit or any other paper served by him or her, fifteen dollars, in advance.

3. For a certified copy of an execution, and of the return or satisfaction thereupon, or for a certified copy of any undertaking which he or she is authorized to take, fifteen dollars.

(j) Prisoners.

1. For each person committed to or discharged from prison, fifteen dollars, in advance, to be paid by the person at whose instance he or she is imprisoned.

2. For attending before an officer for the purpose of surrendering a prisoner, or receiving into custody a prisoner surrendered, in exoneration of his or her bail, fifteen dollars, for all his or her services upon such a surrender or receipt.

(k) Jurors; view; constables’ services.

1. For notifying jurors to attend upon a writ of inquiry, three dollars for each juror notified, including the making and return of the inquisition, when required; and for attending a jury when required in such a case, thirty dollars.

2. For attending a view, fifteen dollars for each day.

3. For any services which may be rendered by a constable, other than those specifically provided for in this section, section eight thousand twelve or eight thousand thirteen of this article, to the same fees as are allowed by law to a constable for those services.

End

Plain-English Summary

Sheriffs perform many of the mechanical steps that make a judgment or court order effective, and CPLR 8011 prices each of those steps. Subdivisions (a) through (e) cover the enforcement side of civil practice: receiving and levying an order of attachment, receiving and levying a property execution, serving and levying an income execution against a judgment debtor's earnings, and receiving and executing an order to recover a chattel, each with its own flat fee and, where travel is involved, a mileage charge on top. Most of these fees are payable in advance, meaning the party seeking the sheriff's action has to pay before the sheriff acts rather than after.

Subdivision (f) turns to summary proceedings, the eviction process, listing separate fees for receiving and serving a notice of petition, for making an affidavit of military or non-military service, and for the later steps of receiving, serving notice of, and executing a warrant of eviction. Subdivision (g) then covers sales: posting or advertising notice of a sale, drawing a conveyance when real property sells, and attending or conducting the sale itself.

The remaining subdivisions round out the schedule. Subdivision (h) prices service of a summons, subpoena, or other civil process, along with execution of an order of arrest or another mandate not otherwise covered, and carves out no fee when a court has directed service of an order of protection. Subdivision (i) covers taking undertakings and producing certified copies, subdivision (j) covers committing or discharging a prisoner and attending a bail surrender, and subdivision (k) covers notifying and attending jurors, attending a view, and other constable-type services. This section works together with two companion sections: one covering mileage, poundage, and additional court-allowed compensation, and another covering the sheriff's reimbursable expenses, so that between the three, a sheriff's full compensation for a given piece of work is rarely captured by this section alone.

Frequently Asked Questions

What does CPLR 8011 do?

It sets the fixed fees a sheriff charges for a wide range of services, including attachments, executions, evictions, sales, service of process, prisoner handling, and jury or constable duties, most of them payable in advance.

Are sheriff's fees under CPLR 8011 paid before or after the service is performed?

Most of the listed fees are payable in advance, meaning the party requesting the sheriff's action pays before the sheriff carries it out, though a few items are payable afterward.

How much does it cost to have a sheriff execute a warrant of eviction?

Subdivision (f) sets a specific fee for executing a warrant of eviction or a mandate requiring the sheriff to put a person in possession of real property and remove those in possession, in addition to separate fees for the earlier notice and service steps in the eviction process.

Does CPLR 8011 cover mileage and poundage fees for the sheriff?

Only in part. This section covers many of the flat, fixed fees and their associated mileage charges, but broader mileage, poundage, and additional compensation issues are addressed in a companion section, and the sheriff's reimbursable expenses in another.

Is there a fee for serving an order of protection under CPLR 8011?

No. Subdivision (h) specifically provides that when a court has directed service of an order of protection, there is no fee for serving that order or related papers served with it.

What does CPLR 8011 charge for handling a prisoner?

Subdivision (j) sets a fee for each person committed to or discharged from prison, paid by the person at whose instance the commitment occurs, and a separate fee for attending a bail surrender.

Advisory Committee Notes

This section, §§ 8012 and 8013, are derived from CPA § 1558, which was extensively amended in 1958. Laws 1958, c 942. No change in substance has been made, but the provisions have been reorganized and changes in terminology have been made to conform the section to changes made by the new CPLR.

This section contains provisions relating to the flat fees to which a sheriff is entitled for his service, payable in advance. To distinguish it from the following sections, it is designated “Fixed fees of the sheriff.” Section 8012 contains those provisions of CPA § 1558 which prescribed additional compensation to the sheriff. This consists of mileage fees, which are based upon the distance traveled; poundage fees, which are based upon the amount collected by the sheriff; and additional compensation, which may be allowed by the court in unusual circumstances. Section 8013 contains those provisions of CPA § 1558 which related to expenses incurred by the sheriff for which he was entitled to reimbursement.

Subparagraph 1 of subd (a) of this section is based upon part of subd 3 of CPA § 1558. A change has been made from “warrant of attachment” to “order of attachment” to conform with changes made in article 62. The remainder of subd 3 of the former section appears in subd (c) (2). Subparagraph 2 of the subdivision is based upon part of subd 8 of the former section. The remainder of the latter subd appears in subd (e)(3) of this section and in subd (b) of § 8013.

Subd (b) of this section is based upon subd 4 of CPA § 1558.

Subparagraph 1 of subd (c) of this section is based upon subd 1 of CPA § 1558. Subparagraph 2 of this subdivision is based upon part of subd 3 of CPA § 1558. Subparagraph 3 of this subdivision is based upon subd 2 of CPA § 1558.

Subparagraph 1 of subd (d) of this section is based upon part of subd 14 of CPA § 1558. The remainder of subd 14 appears in § 8013(a). The provision of subd 15 of CPA § 1558 has been incorporated into this subdivision. Subparagraph 2 of this subdivision is based upon subd 16 of CPA § 1558.

Subparagraph 1 of subd (e) of this section is based upon subd 13 of CPA § 1558. Subparagraph 2 of this subdivision is based upon subd 18 of CPA § 1558.

Subparagraph 3 of this subdivision is based upon part of subd 8 of CPA § 1558. The certificate of sale made by the sheriff relates to redemption, which has been eliminated in article 52; the reference to it has been eliminated from this subdivision. Subparagraph 4 of this subdivision is based upon subd 9 of CPA § 1558.

Subparagraph 1 of subd (f) of this section is based upon subd 10 of CPA § 1558. Subparagraph 2 of this subdivision is based upon subd 11 of CPA § 1558.

Subparagraph 1 of subd (g) of this section is based upon subd 19 of CPA § 1558. References to precepts of commissioners to inquire into competency have been omitted because this procedure is abolished. See new article 5-A of the Mental Hygiene Law. Subparagraph 2 of this subdivision is based upon subd 17 of CPA § 1558. Subparagraph 3 of this subdivision is based upon subd 23 of CPA § 1558.

Amendment History

Add, L 1992, ch 55, § 403, eff April 10, 1992; amd, L 1996, ch 190, § 1, eff Jan 1, 1997; L 2002, ch 655, § 1, eff Feb 24, 2003; L 2003, ch 11, § 2, eff Feb 24, 2003; L 2007, ch 36, § 1, eff Aug 19, 2007; L 2024, ch 575, § 1, effective March 13, 2025.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source

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