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This entry was published on 2014-09-22
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SECTION 8012
Mileage fees, poundage fees, additional compensation, and limitation on compensation of sheriffs
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 80
§ 8012. Mileage fees, poundage fees, additional compensation, and
limitation on compensation of sheriffs. (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.