Welcome to the official website of Jefferson County New York

Civil Division FAQ's

CIVIL OFFICE FREQUENTLY ASKED QUESTIONS:
INCOME EXECUTION REQUIREMENT: (CPLR 5231)

  • Original Income Execution issued by the County Clerk or Attorney.
  • One copy of the transcript of judgment.
  • Five copies (front and back) of the Income Execution.
  • Fees of $47.00 payable to Sheriff of Jefferson County. (If plaintiff acting as own attorney, require cash or money order made payable to Sheriff of Jefferson County)
  • Any original fee receipts from County Clerk for the filing of a transcript of judgment, issuance of execution, etc., will be added to the judgment amount for collection.
  • If it is necessary to place the garnishee on the employer, you will be billed an additional $37.00, which will be added to judgment amount for collection.
  • Social security numbers are NOT to be written 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.  If documents contain the social security number, same will be returned without service.
  • Effective 7/24/09, the federal minimum wage was increased to $7.25 per hour and effective 12/31/17 the New York State Minimum wage was increased to $10.40.  Please be sure you have an updated form.
  • Please be advised monies collected are remitted the first of each month.
  • See Fee Schedule

A Property Execution is an instrument that is used to have personal or real property seized. The property would then be sold at a public sale and the proceeds would be applied to the judgment.

PROPERTY EXECUTION REQUIREMENTS:

  • Original Property Execution issued by the County Clerk or Attorney.
  • Four copies (front and back) of the Property Execution.
  • One copy of the transcript of judgment.
  • Proof judgment to debtor letter sent within one year.
  • Any original fee receipts from County Clerk for filing of transcript of judgment, issuance of execution, etc., these amounts will be added to the judgment amount for collection.
  • Social security numbers are NOT to be written on a property execution. Social security numbers may be provided in a cover letter only. If documents contain the social security number, same will be returned without service.
  • Provide a detailed letter of instruction how monies are to be collected.
  • Must advise on property execution, judgment debtor letter sent within one year, or an additional $10 added to fee.
  • If seizing a vehicle for sale, must provide a recent MV-904.
  • If making bank levy, must provide the execution notice and two execution claim forms.
  • For real property, please call for necessary paperwork. Be advised this will require an attorney.
  • See fee schedule.


EVICTION:

  • Original warrant, directed to the Sheriff of Jefferson County, signed by a judge.
  • Five copies for each tenant listed.
  • Be sure to supply your name, address and phone number if additional information may be needed.
  • A letter of instruction with a copy of the 72 hour notice supplying date and time of eviction will be sent to you. Be advised evictions from a mobile home may be 30-90 days, according to the Judge's direction.
  • See fee schedule.


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

  • Three copies of paperwork that requires service.
  • A cover letter advising person to be served with their home address and any additional information that would assist in service such as phone numbers, place of employment, etc.
  • Cover letter instructing where affidavit of service is to be returned, along with an address and contact telephone number.
  • If there is a court date, please advise the last date of service per the court.
  • Please supply a self-addressed stamped envelope for return of service.
  • See fee schedule.

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