§ 8012.Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs.

Article 80. Fees · Last amended 2014 · Last verified July 21, 2026

In one sentenceCPLR 8012 sets the mileage fee, poundage fee, and additional compensation a sheriff may charge for executing mandates and collecting money under court process.

Full Text of CPLR 8012

Text sizeJump to: (a) (b) (c) (d)

(a) Mileage fees. A sheriff is entitled to the current federal internal revenue service mileage reimbursement rate for each mile necessarily travelled in performing the following services, payable in advance:

1. in serving or executing a mandate upon or against one person, or upon or against two or more persons in the course of one journey, computed from the nearest office of the sheriff in the county to the place of service or execution, and return;

2. in serving or executing two or more mandates in one action upon or against one person at one time, computed from the nearest office of the sheriff in the county to the place of service or execution, and return; and

3. in attending a view, computed from the nearest office of the sheriff in the county to the place of attendance, and return.

(b) Poundage fees.

1. A sheriff is entitled, for collecting money by virtue of an execution, an order of attachment, or an attachment for the payment of money in an action, or a warrant for the collection of money issued by the comptroller or by a county treasurer or by any agency of the state or a political subdivision thereof, or for collecting a fine by virtue of a commitment for civil contempt, to poundage of, in the counties within the city of New York, five per cent of the sum collected and in all other counties, five per cent upon the first two hundred fifty thousand dollars collected, and three per cent upon the residue of the sum collected.

2. Where a settlement is made after a levy by virtue of service of an execution, the sheriff is entitled to poundage upon the judgment or settlement amount, whichever is less. Where an execution is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay the same to the sheriff.

3. Where a settlement is made, either before or after judgment, after a levy by virtue of service of an order of attachment, the sheriff is entitled to poundage upon the judgment or settlement amount, whichever is less. Where an order of attachment is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the order of attachment, and the court may order the party at whose instance the order of attachment was granted to pay the same to the sheriff. Where an order of attachment is otherwise discharged by order of the court, the sheriff is entitled to the same poundage, to be paid by the party at whose instance the order of attachment is discharged, and the sheriff is entitled to retain the property levied upon until the poundage is paid. The maximum amount upon which poundage shall be computed, if such a settlement is made or the order of attachment is vacated or set aside, is one million dollars.

4. Where a settlement is made (i) after service of an income execution upon the debtor pursuant to subdivision (d) of section fifty-two hundred thirty-one of this chapter or upon the garnishee pursuant to subdivision (e) of section fifty-two hundred thirty-one of this chapter, or (ii) after issuance of a property execution pursuant to section fifty-two hundred thirty of this chapter and levy against personal or real property pursuant to section fifty-two hundred thirty-two or fifty-two hundred thirty-five of this chapter, the sheriff is entitled to poundage upon the judgment amount or settlement amount, whichever is less. Where an income or property execution is vacated or set aside after levy, the sheriff is entitled to poundage upon the value of the property levied upon, not exceeding the amount specified in the execution, and the court may order the party liable therefor to pay the same to the sheriff. 5. A sheriff who brings an action in a court of competent jurisdiction to collect such amount provided for in this subdivision may also be awarded reasonable attorney’s fees and court costs.

(c) Additional compensation. A sheriff is entitled in any case, including an instance in which a mandate has been stayed, vacated or set aside, or a settlement has been made after a levy, to such additional compensation for his trouble and expenses in taking possession of and preserving property under any mandate or in removing a person in possession of real property and the said person’s property, as the court allows, and the court may make an order requiring the party liable therefor to pay the same to the sheriff.

(d) Mileage fees in the city of New York. For mileage travelled wholly within the city of New York the sheriff of the city of New York shall be entitled to thirty dollars payable in advance, as provided in section eight thousand eleven of this chapter, and commencing one year after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision, such fee shall be thirty-five dollars.

End

Plain-English Summary

CPLR 8012 fixes what a sheriff can charge for carrying out court mandates such as executions, orders of attachment, and warrants for collecting money. Subdivision (a) sets a mileage fee, tied to the federal mileage reimbursement rate, for travel needed to serve or execute a mandate, and the fee is payable in advance. Subdivision (b) sets the poundage fee, a percentage the sheriff keeps for collecting money under an execution, attachment, or a warrant issued by a state or local official, generally five percent, though outside the counties within New York City the rate drops to three percent on amounts above the first $250,000 collected.

The section also addresses what happens when a case does not run its full course. If a party settles after the sheriff has levied on property, or a court vacates or sets aside an execution or attachment after levy, the sheriff still collects poundage, calculated against the judgment amount, the settlement amount, or the value of the property levied upon, whichever ceiling applies, and the court can order the responsible party to pay it. Subdivision (b) caps the amount on which poundage is computed at one million dollars when a settlement or vacatur follows an order of attachment, and lets a sheriff sue to recover unpaid poundage and add reasonable attorney's fees and court costs to that judgment.

Subdivision (c) allows a court to award a sheriff additional compensation for the trouble and expense of taking possession of and preserving property under a mandate, or of removing someone from real property along with that person's belongings, and to direct the liable party to pay it. Subdivision (d) sets a separate flat mileage fee for travel confined to New York City, distinct from the mileage formula in subdivision (a).

Frequently Asked Questions

What is a poundage fee under CPLR 8012?

Poundage is the percentage a sheriff keeps for collecting money under an execution, an order of attachment, or a warrant for collecting money issued by a government official. The rate is five percent of the amount collected in the counties within New York City, and five percent on the first $250,000 with three percent on the remainder elsewhere in the state.

How is a sheriff's mileage fee calculated?

The sheriff is entitled to the current federal internal revenue service mileage reimbursement rate for each mile necessarily traveled to serve or execute a mandate or attend a view, measured from the sheriff's nearest office to the place of service and back, and the fee is payable in advance. Travel confined to New York City instead uses a flat fee under subdivision (d).

Does a sheriff still get paid if the case settles before the execution runs its course?

Yes. If a settlement occurs after the sheriff has levied under an execution or an order of attachment, the sheriff is entitled to poundage on the judgment amount or the settlement amount, whichever is less.

Is there a limit on how much poundage a sheriff can collect?

When a settlement is reached or an order of attachment is vacated or set aside after levy, CPLR 8012(b) caps the amount on which poundage is computed at one million dollars.

Who pays for a sheriff's additional compensation under subdivision (c)?

The court may order the party liable for the underlying mandate to pay the sheriff additional compensation for the trouble and expense of holding property or removing a person from real property.

Does CPLR 8012 apply the same way inside and outside New York City?

No. The poundage rate and the mileage fee both differ depending on whether the sheriff's work occurs in the counties within New York City or elsewhere in the state; subdivision (d) sets a separate flat mileage fee for travel wholly within the city.

Advisory Committee Notes

Subd (a) of this section is based upon subd 7 of CPA § 1558.

Subparagraph 1 of subd (b) of this section is based upon subd 20 of CPA § 1558. Subparagraph 2 of this subdivision is based upon subd 21 of CPA § 1558. Subparagraph 3 of this subdivision is based upon subd 22 of CPA § 1558. The phrase at the end of the last sentence “even though the value of the property attached shall exceed that amount” has been deleted as unnecessary.

Subd (c) of this section is based upon subd 6 of CPA § 1558.

Subd (d) of this section is based upon the last part of subd 15 of CPA § 1558. The remainder of subd 15 has been incorporated into §§ 8011(d) and 8013(a).

Amendment History

Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1963, ch 532, § 51, eff Sept 1, 1963; L 1970, ch 859, § 4; L 1972, ch 734, §§ 3, 4, eff July 1, 1972; L 1972, ch 735, § 3, eff July 1, 1972; L 1976, ch 695, § 1; L 1985, ch 565, § 1, eff July 26, 1985; L 1987, ch 218, § 2, eff Sept 1, 1987; L 2000, ch 337, § 1, eff Oct 1, 2000; L 2006, ch 31, § 1, eff May 2, 2006; L 2008, ch 441, § 1, eff Aug 5, 2008; L 2009, ch 381, § 1, eff Aug 26, 2009, deemed eff on and after Aug 5, 2008; L 2013, ch 532, § 1, eff Jan 17, 2014.

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

Also known as: sheriff mileage feesheriff poundage feepoundage fee New Yorksheriff additional compensationCPLR 8012 sheriff fees