CIVIL DIVISION

SERVICE & SALE REQUIREMENTS

Service Requirements:

  • Attempted service of process is based upon the information provided. Please include any information that you may have to assist us in expeditiously serving your process. Helpful information includes age, description, photograph, work hours, place of employment, vehicle description, etc. The more information you provide the greater the likelihood of successful service.
  • Total fees for service must be paid in advance and are based on each person served. When multiple types of process are served simultaneously, the statutory fee for each type of process will be charged. All fees for mileage are per round trip. No refunds will be given once paperwork has been docketed with this office.
  • There may be additional costs such as fees required to levy, seize, inventory, transport, store, protect, preserve and dispose of property taken into custody pursuant to a mandate. If in doubt, contact the Civil Division for guidance or clarification.
  • All service shall be perfected pursuant to CPLR §308 unless "In-Hand" personal delivery only is requested in writing.
  • Fees for service are for each person to be served.
  • When multiple types of process are served simultaneously, charges will be based on the statutory fee for each type of process served.
  • Process that is time sensitive and required to be served by specific time restraints, must be filed with the Sheriff’s Office at least ten (10) business days prior to the last allowable service date.
  • Please call for advance fee rates for executions, seizures, and attachments. Additionally there may be fees to levy, seize, inventory, transport, store, protect, preserve and dispose of property taken into custody related to the aforementioned mandates.
  • The Sheriff’s Office does not supply legal forms, nor can we complete them.
  • NOTE: We cannot serve a Post Office Box.
  • The Sheriff can only advise and inform parties as to those procedures and rules related to the Sheriff’s specific duties, the Sheriff cannot act as an attorney. All litigants should seek professional competent legal counsel at all times.


Requirements for Sheriff's Sale of Real Property:

  • Property Execution w/ filing fee ($30 plus mileage) (Judgment date must be within 10yrs from filing of the judgment roll by the court clerk or an extension of the lien is needed).
  • Letter extending Property Execution
  • If the Judgment debtor is located outside of Rockland County, then an affidavit of service of the property execution on the defendant is needed.
  • $1500 in advance for expenses (advertising, mailings, additional services, etc.)
  • Copy of Judgment or Order (If judgment was issued by a court outside of Rockland County, it must be filed with the Rockland County Clerk).
  • Legal Description/Metes and Bounds of the Real Property (also include the physical address of the property).
  • Homestead exemption letter - must be a letter in clear and unambiguous terms that the property is not a homestead with an explanation why the defendant is not entitled to the exemption. If the property is the defendant’s homestead, then a court order is required to sell the property.
  • List of creditors: List must be in affidavit form by the attorney and contain the following:
  • Name and address of all judgment creditors along with the judgment date (the date the judgment roll was filed by the clerk of the court) and judgment amount of each lien. If there are any other lienors or anyone else that has an interest in the real property, they must be included in this affidavit with the judgment creditors.
  • There needs to be a final update 45 days prior to the sale date, if any new interests are found they must be sent to the Sheriff or a letter stating that no further liens or interests in the property were found as of 45 days prior to the Sheriff’s sale.
  • Finally, the date that the judgment debtor acquired their interest in the real property must be included in the affidavit.
  • Copy of the Deed
  • Note: The Sheriff’s Office does not permit credit bidding of a judgment at a Sheriff’s Sale.

Requirements for Vehicle Sales:

  • Property Execution with transcript or order and Sheriffs filing fee.
  • Title abstract for vehicle (title and judgment must match exactly), which can be obtained from the NYS Department of Motor Vehicles (form MV-15).
  • $1000.00 advance fee that will be used for towing and storage (this fee will be added to the judgment amount to be paid by the judgment debtor). Fee is returnable in the event the vehicle is not seized.

Rockland County Sheriff's Office

55 New Hempstead Rd.

New City, NY 10956

845-638-5400