What are the costs, bonds and fee schedules for county sheriffs and city marshals when executing writs or seizing property in New York?
Executive summary
County sheriffs and city marshals in New York operate under a mix of state statute, local practice and agency directives: both classes of enforcement officers are legally required to charge the same fixed statutory fees for specified services, but collections, advance-payment practices and supplementary costs (advertising, carting, security, mileage) vary by county and by whether property must be seized and sold [1] [2] [3].
1. How fees are set: statutory fixed fees plus local practice
The baseline fee structure is statutory: New York’s Civil Practice Law and Rules (CPLR §8011) lists fixed fees the sheriff is entitled to for enumerated services and notes that some of these fees must be paid in advance, and court directives and memoranda periodically adjust or interpret those charges (for example small itemized fees such as $1.50 for certain undertakings and specified juror-notice charges appear in the statute) [2] [4] [5].
2. Parity between sheriffs and marshals — same fee schedule, different mechanics
City marshals and city sheriffs must charge the same fees by law, but they differ in employment status and billing mechanics: deputy sheriffs are city employees while marshals are independent practitioners regulated by municipal oversight bodies, and marshals may deduct or collect fees differently from sheriffs even though the statutory fee schedule applied is the same [1] [6] [7].
3. Poundage, percentages and auctions — what collectors can take
Beyond the fixed line items, enforcement actions commonly permit “poundage” or percentage fees; state guidance and comptroller opinions have long applied a 5% poundage on collections such as income executions and other levies, meaning a sheriff will seize an amount equal to the judgment plus an extra 5% to cover poundage, and sheriffs may also recover auction-related costs when property is seized and sold [8] [9].
4. Up‑front and ancillary costs required before action
Sheriffs routinely require advance payment of fees and of estimated ancillary costs when personal property must be seized and sold: advertising, carting, security and similar expenses associated with an execution sale are chargeable and generally must be paid in advance or reimbursed from sale proceeds, and many county sheriffs’ offices and marshal rules require mileage and service fees payable up front [3] [10] [11].
5. Scope of seizure authority and limits between officers
Authority differs by instrument and court: county sheriffs can seize and sell personal property and — when a judgment is properly docketed in the Supreme Court where the real property sits — can move to attach or sell real property, bank accounts, rents and royalties (with statutory exemptions such as certain wages); by contrast, city marshals are expressly not permitted to seize or sell real property in some contexts and are most often used to enforce money judgments through levies, bank garnishments and evictions where authorized [9] [1] [12].
6. Practical consequences: variability, documentation and court forms
In practice a judgment creditor must follow procedural prerequisites — docketing where necessary, submitting information subpoenas or execution request forms, and paying required fees — because courts will issue executions only to marshals or sheriffs and enforcement officers will not act without proper documentation and advance fees; county-level civil enforcement pages and the NYC marshal handbook emphasize submitting correct instructions, paying fees and understanding exemptions to avoid wasted costs [13] [10] [1] [12].
7. What this reporting does not fully enumerate
The available materials establish statutory grounding and common ancillary charges but do not provide a single comprehensive, line‑by‑line numerical fee table for every sheriff or marshal action across New York counties; specific dollar amounts for every service, mileage rates by county, and detailed marshal billing practices beyond the statutory parity requirement must be obtained from local sheriff offices, the Mayor’s Committee on Marshals or CPLR §8011 text and county fee schedules for precise budgeting [2] [1] [10].