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Civil Division FAQ's

INCOME EXECUTION REQUIREMENTS: (CPLR 5231)

  • Original Income Execution issued by the County Clerk or the Attorney.
  • Five copies (front and back) of the Income Execution. 
  • One copy of the Transcript of Judgment or Judgment by Default.
  • Fees of $47.00 payable to Sheriff of Jefferson County (If you are a plaintiff acting as your own attorney, only cash or              money order made payable to Sheriff of Jefferson County are accepted).
  • If it is necessary to place the garnishee on the employer, you will be billed $37.00 which will be added to the judgment          amount for collection.
  • Social Security numbers are NOT to be on an income execution.  Social Security numbers may be provided in a cover          letter only.  Social Security numbers are required for debtors who are employed by the Federal and State Governments,      in addition to some private companies.  
  • Effective 7/24/09, the federal minimum wage was increased to $7.25 per hour.  Effective 12/31/21, the New York State          minimum wage was increased to $13.20 per hour.   Please be sure to have an updated form. 
  • Please be advised that all monies collected are remitted the first of each month.
  • See Fee Schedule.

PROPERTY EXECUTION REQUIREMENTS:

  • Original Property Execution issued by the County Clerk or the Attorney.
  • Four Copies (front and back) of the Property Execution.
  • One copy of the Transcript of Judgment or Judgment by Default. 
  • Social Security numbers are NOT to be on an income execution.  SS numbers may be provided in a cover letter only.
  • Provide a detailed letter of instruction stating how monies are to be collected. 
  • Must advise on a property execution, that the Judgment Debtor Letter was sent within one year or an additional $10 will        be required.   Proof of the judgment to debtor letter that was sent within one year is required.
  • If seizing a vehicle, a recent MV-904 is required.
  • If processing a Bank Levy, one Execution Notice and two Execution Claim Forms are required.
  • For Real Property, please call for necessary paperwork and fees.  Be advised, this will require an attorney.
  • See Fee Schedule.

EVICTION:

  • Original Warrant, directed to the Sheriff of Jefferson County, signed by the Judge.
  • Five copies for each tenant listed.
  • Provide contact information including your name, address and phone number.
  • A letter of instruction with a copy of the 14 Day Notice will be sent to you.  The letter will give the date, time and                     additional instructions for the eviction.   If a representative is not at the eviction site on the day of eviction within 15                minutes from instruction time, the eviction will be cancelled.  In order to proceed with the eviction, it will have to be                rescheduled along with a new original warrant, copies and fees.   
  • Mobile Home Evictions may require 30-90 days depending on the Judge’s direction.
  •  See Fee Schedule.

CIVIL PROCESS: (CPLR 8011) (Summons, Subpoenas, Citations, Postings, etc.)

  • Three exact copies of the paperwork that require service.
  • Cover letter advising our office with the person to be served as well as their home address and any additional                       information that would assist in service such as phone numbers, place of employment, etc.
  • If there is a court date, please advise the last date of service per the court.
  • Self-addressed stamped envelope for return of the affidavit.
  • See Fee Schedule.

 

 

  REMEMBER, YOU ARE ACTING AS YOUR OWN ATTORNEY, THE CIVIL OFFICE DOES NOT ISSUE OR COMPLETE             LEGAL FORMS.