Civil Bureau
• • •
Office Hours
8:30 AM - 5:00 PM
Monday Through Friday
(585) 345-3000 x3564 or x3565
The Civil Bureau of the Sheriff’s Office has the responsibility of handling any and all legal processes in the county which are referred to the Office of the Sheriff. The functions of the Civil Bureau include: the proper receiving and execution of all legal processes, including attachments, evictions, judgments, seizure orders, civil arrests and other summons; and the maintenance of accurate records of all civil processes and transactions. County Law, Article 17, Section 650, acknowledges the Sheriff as an Officer of the Court. The Civil Practice Laws and Rules of the State of New York (CPLR) govern the procedures in civil judicial proceedings in all courts of the State and before all judges. The CPLR sets forth the duties of the Sheriff in his role as an Officer of the Court. The benefits derived from the Civil Bureau are realized specifically by the legal community and overall by the citizens of the community. The Civil Bureau is comprimised of one (1) sergeant one (1) deputy sheriff, one (1) principal financial clerk and one (1) financial clerk-typist.
Civil Division Fees:
ALL FEES ARE PAYABLE IN ADVANCE ARE ARE PER-PERSON TO BE SERVED Unless otherwise noted. ADD MILEAGE. Include an S.A.S.E. for return.
| CPLR 5231 Income Execution |
| CPLR Article 52 Property Execution and CPLR 5102 |
| Eviction or Removal |
| Mileage Table |
CPLR 5231 Income Execution
| First Stage only | $49.00 | Original + 5 copies (mileage included) |
| Second Stage only | $47.00 | Original* + 5 copies (mileage included) |
| Both Stages | $86.00 | Original + 5 copies (mileage included) |
*Original must be endorsed by residence county Sheriff and the judgment balance/interest date should be properly adjusted.
CPLR Article 52 Property Execution
Add mileage to all services below.
| Straight/Demand | $85.00 | (vehicle, boat, etc.) For Sheriff's sale, call for fees |
| Real Property | $55.00 | (Real Estate; call for additional expenses) |
| Bare Execution | $60.00 | (Written Demand to Satisfy Judgement) |
| Third party-Tangible Property | $55.00 | (Other person in possession of debtor's property) |
| Third Party-Intangible Property | $40.00 | (Rent) |
| Bank Levy | $100.00 | (first $2,500 exempt) |
- Original + 5 copies
- Include detailed Property description AND proof of ownership
- If Notice to judgment debtor has not been served, ADD $42.00
CPLR 5102
| Real Property | $95.00 | (Money Judgement + Real Estate) |
| Personal Property | $70.00 | (Money Judgement + Personal Property) |
If a Levy is to be made, in addition to delivery, ADD $10.00
Eviction or Removal
| Notice of Petition & Petition | $57.00 | each additional - $15.00 |
| Eviction | $107.00 | *per party being evicted |
| Writ of Assistance | $107.00 | * |
*Original + 3 copies per service
| $15.00 | Summons with/without Notice or Complaint, Subpoena, Restraining Notice NOTE: If process issued by a court, fee is $32.00 3 copies for each party to be served |
| $32.00 | Order, Order to Show Cause, Notice of Motion, Mandate Specify service requirements & time limitations |
| $32.00 | Restraining Order |
| $42.00 | Surrogate Citation & Will |
| $42.00 | Commitment Warrant (Judiciary Law A) |
| $42.00 | Commitment Warrant (Judiciary Law A) |
| $90.00 | Postings - Notice of Sale. |
Order of Attachment of Notice of Attachment
One original order or clerk-certified copy + 2 attorney-certified copies for each levy
Personal Property: $72.00 for each levy; $32.00 for each additional defendant
Include court index number, undertaking & garnishee and service instructions
Real Property: $80.00; notice of attachment, together with above.
Order of Seizure $122.00 for first defendant; $57.00 each additional
Include court index number, undertaking, all papers upon which the order was granted, the
Summons & complaint and letter of instruction.
One original order of clerk-certified copy + 2 attorney-certified copies per service
Effective January 1, 2010
Mileage Schedule for Civil Process
| City/Batavia | 4 miles | $2.00 |
| Town/Batavia | 14 miles | $7.00 |
| Town/Alabama | 34 miles | $17.00 |
| Town/Alexander | 22 miles | $11.00 |
| Town/Basom | 34 miles | $17.00 |
| Town/Bergen | 32 miles | $16.00 |
| Town/Bethany | 22 miles | $11.00 |
| Town/Byron | 26 miles | $13.00 |
| Village/Corfu | 30 miles | $15.00 |
| Town/Darien | 34 miles | $17.00 |
| Town/Elba | 20 miles | $10.00 |
| Town/LeRoy | 30 miles | $15.00 |
| Town/Oakfield | 22 miles | $11.00 |
| Town/Pavilion | 32 miles | $16.00 |
| Town/Pembroke | 30 miles | $15.00 |
| Town/Stafford | 18 miles | $9.00 |
Make all payments payable to
Genesee County Sheriff
Attn: Civil Office
Mail to: 165 Park Rd.
Batavia, NY 14020
