EVICTION REQUIREMENTS:

In order to make sure that enforcement of Warrants of Eviction proceeds quickly and without undue expense to, the following procedures have been developed and adopted by the Office of The Sheriff’s Civil Enforcement Division to follow in each case. Please make yourself familiar with the various steps and obligations involved in the process to avoid confusion and delay:

  • The original Warrant of Eviction and three copies must be signed by a judge, must contain a good description of the property, and also direct the Sheriff to enforce the Warrant.
  • Payment of fees will be required at the time the warrant is received. Additional costs or expenses that are incurred during service may be charged to the Plaintiff.
  • The Plaintiff’s or the Attorney’s name and telephone number must be included with the papers so that they may be notified promptly when enforcement has been scheduled. Safety information relative to gang or drug activity, weapons, or dangerous animals on the premises should be conveyed to the Civil Enforcement Division as soon as possible.
  • After the Warrant of Eviction has been posted, the Deputy will contact the Plaintiff or the Attorney and advise them of the date and time of enforcement.
  • After the Warrant of Eviction is posted, the Plaintiff or any representative should refrain from entering the property until the day of the Eviction enforcement and then only in the presence of a Deputy.
  • The Plaintiff is responsible for making arrangements for the removal of the tenants’ property from the premises. It is the Plaintiff’s responsibility to remove vehicles from the premises. If property is removed to the curbside, the Deputy will ensure that there is no restriction of traffic (vehicular or pedestrian), threat of public safety or unauthorized removal of the property prior to the completion of the Eviction enforcement. Hazardous property such as dangerous weapons or prescription drugs will not be allowed to be put at the curbside.
  • The Plaintiff is also responsible for having the locks changed on the premises only after the property has been removed and the premises turned over to the custody of the Plaintiff. In the event of an Eviction from a mobile home park, the Plaintiff will also be responsible for arranging the special equipment that is needed to remove the mobile home and obtain the space where it is to be moved.
  • If the Plaintiff or Attorney wishes to cancel enforcement of the Eviction or if the tenant(s) has voluntarily vacated the premises, a letter must be received by the Civil Enforcement Division prior to the scheduled eviction date. If the Civil Division responds to a scheduled Eviction and the Plaintiff/Landlord does not show up, or has an inadequate amount of moving personnel or required equipment, the eviction will be returned to court not enforced.
  • Enforcement of the Eviction will be considered complete only when the property has been removed and the premises has been turned over to the custody of the Plaintiff.

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 PROPFERTY:

  • 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.