Civil Division
Click here for FAQ's regarding the Civil Department
Contact Numbers: 315-946-5793 Fax 315-946-5885
Hours of Operation: 8:00AM to 5:00 PM weekdays except legal holidays.
Location: The Civil Office is located in the Old ICF Building, attached to the Sheriff's Offices at 7368 Route 31, Lyons, N.Y. 14489
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The Civil Division fulfills the constitutional requirements of the Sheriff to serve civil papers and collect fines. The Sheriff is the enforcement officer for the courts. As the enforcement officer, it is the responsibility of the Sheriff to carry out the mandates and judgments of the court. |
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One of the differences between a criminal and civil law action is the nature of the incident. A crime against public sensibilities or that causes alarm is usually handled as a criminal incident such a harassment or assault. The charges or complaint in a criminal action are brought before the court in the name of "The People of the State of New York". The cost of the prosecution is borne by the taxpayers. |
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An incident that causes inconvenience or financial difficulty for another is usually civil in nature and the complaint is brought before the court as an individual. The costs in a civil proceeding are borne by the individual complaining and usually are eventually borne by the party who loses the action. |
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The civil office serves civil mandates for the court, civil process for individuals that are acting "pro se'" and for attorneys, a service for which the office is paid a fee. The office enforces judgments of the court, which is the civil equivalent of a verdict, in criminal court. The judgment can be enforced in several ways varying from a simple garnishment of wages though an income execution to seizure and sale of personal or real property. |
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The civil office does not give civil advice; we are the enforcement arm of the court. An attorney should be contacted for legal questions or advice. |
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The civil office also makes civil arrests pursuant to warrants issued by the court. This is usually done to compel a debtor or respondent to comply with a mandate of the court after other methods have failed. |
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The Deputy Sheriff's assigned to work in the Civil Division in Wayne County are also Criminal Deputy Sheriff's. They are fully empowered to enforce all of the laws of the State of New York. |
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The Wayne County Civil Office handles many of the personnel services in the Sheriff's Office as well. The office maintains the payroll portion of the contract between the Sheriff's Office employees and the County of Wayne. The office also handles all of the bail transactions in the jail, depositing and forwarding payments to the courts that have jurisdiction of the case. |
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The officers in the civil office deal with many different laws such as Penal, Vehicle and Traffic, Landlord Tenant, Executive, CPLR, Real Property, Judiciary and Public Officers Laws. |
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In 1985, the Civil Office processed over a quarter million dollars. Today, the Civil Office processes more than 1.75 million dollars per year.
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(REVISED 01.03.2008)
All fees and expenses are payable in advance.
INCOME EXECUTIONS - Original & 4 copies
When received 1st stage:
Receiving - $ 15.00 Both stages: $ 45.00 - 1st stage
Serving - $ 15.00 $ 35.00 - 2nd stage
Sheriff's Return/Satisfaction - $ 15.00 $ 80.00 + 2 mileage
$ 45.00 + mileage
When received 2nd stage:
Serving - $ 15.00
Levy - $ 15.00
Sheriff's Return/Satisfaction - $ 15.00
$ 45.00 + mileage
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PROPERTY EXECUTIONS - Original & 4 copies |
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Receiving - $ 15.00 |
Posting Notices - $ 15.00 |
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Serving - $ 15.00 |
Attending Sale - $ 15.00 |
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Levy - $ 15.00 |
Conducting Sale - $ 15.00 |
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$ 45.00 + mileage |
Inventory - $ 15.00 |
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Towing - $ 125.00 |
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Storage - 30 days in advance in escrow @ $15.00 oversized $30.00 |
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SUMMONS, SUBPOENA, OTHER SERVICE OF PROCESS - 2 copies per Person to be served, 1 copy on Divorce actions, Subpoenas, etc. Personal Delivery Only or for Corporate Service, 1 self address stamped envelope for the affidavits return:
Receiving & Serving - $ 15.00 per person + mileage
Notary Fee - $2.00
Please attach a separate check for witness fees payable to witness when required.
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NOTICE OF PETITION & PETITION - 3 copies per person to be served
Receiving - $ 15.00 Add'l tenants - $ 45.00 each
Serving - $ 15.00
Notary Fee - $ 2.00 * Postage for certified mailings will be billed
Affidavit - $ 15.00
$ 47.00 + mileage
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WARRANTS TO REMOVE (Evictions) - NEED ORIGINAL plus 3 copies per adult tenant
Receiving - $ 15.00 Add'l tenants - $ 107.00 each
Serving Notice - $ 15.00 * Postage for certified mailings will be billed
Executing - $ 75.00
Notary Fee - $ 2.00
$ 107.00 + 2 mileages
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SHERIFF'S SALES
Posting Notice of Sale - $ 15.00 + mileage
Drawing/Executing Deed - $ 20.00
Inventory - $ 15.00
Attending Sale - $ 15.00
Conducting Sale - $ 15.00
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CIVIL ARRESTS / MANDATES - $ 40.00 + mileage + notary fee
If committed - $ 20.00 add'l
ORDER TO SHOW CAUSE - $ 30.00 + mileage + notary fee
NOTICE OF MOTION - $ 30.00 + mileage + notary fee
RESTRAINING NOTICE - $ 30.00 + mileage + notary fee
CITATION & WILL - $ 30.00 + mileage + notary fee
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ORDER OF ATTACHMENT -
Receiving - $ 15.00
Serving Attachment - $ 15.00
Serving Summons - $ 15.00
$ 45.00 + mileage + notary fee
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ORDER OF SEIZURE -
Receiving - $ 15.00 Addt'l services - $ 55.00
Executing - $ 75.00
Serving Summons - $ 15.00
$ 105.00 + mileage + notary fee
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FEE FOR MAKING ADDITIONAL COPIES THAT ARE REQUIRED - $ 10.00
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NOTE: The mileage chart has been revised. Gov. Pataki signed a bill effective 5/2/2006 making the mileage rate consistent with the IRS mileage rate.
One mileage fee will be charged per address per action, regardless of the number of people to be served unless otherwise specified:
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You may Download a PDF of the fee schedule
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Last updated 7.01.2008 |
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TOWN |
MILES |
COST |
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Alloway |
7 |
4.10 |
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Alton |
22 |
12.87 |
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Clyde |
15 |
8.78 |
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Lyons |
4 |
2.34 |
|
Macedon |
40 |
23.40 |
|
Marion |
30 |
17.55 |
|
Newark |
15 |
8.78 |
|
N. Rose |
30 |
17.55 |
|
Ontario |
60 |
35.10 |
|
Palmyra |
30 |
17.55 |
|
Port Gibson |
20 |
11.70 |
|
Pultneyville |
54 |
31.59 |
|
Red Creek |
50 |
29.25 |
|
Rose |
24 |
14.04 |
|
Savannah |
30 |
17.55 |
|
Sodus |
30 |
17.55 |
|
Sodus Ctr |
22 |
12.87 |
|
Sodus Point |
34 |
19.89 |
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Butler |
40 |
23.40 |
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Union Hill |
64 |
37.44 |
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Wallington |
26 |
15.21 |
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Walworth |
42 |
24.57 |
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Wayne Ctr |
14 |
8.19 |
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W Walworth |
54 |
31.59 |
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Williamson |
46 |
26.91 |
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Wolcott |
40 |
23.40 |
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