Civil Unit FAQs
Civil Unit FAQs
Below are frequently asked questions of the Civil Bureau.
Q: Will the Civil Bureau investigate my case for me?
A: No, you must provide us with accounts and properties you wish to be seized or the name and address of the employer.
Q: Will the Civil Bureau act as my attorney?
A: No, we do not give legal advice, but advise you of our procedures.
Q: I have to serve my neighbor a summons to appear in court. Can I serve it myself?
A: No, you may not serve a summons if you are a party in the action. For a small fee the Civil Bureau will serve that summons and provide the court with the proper affidavit.
Q: How much does it cost to have a summons served?
A: Fifteen dollars plus mileage (see mileage chart) and we need two copies of the summons. Example - Yorktown $15.00 summons plus $17.80 for mileage = $32.80
Q: What is the fee for an income execution and how many copies do you need?
A: The fee is $37.00 and we need an original and five (5) copies.
Q: Can I send in two checks for $37.00 for the first and second stage fees for an Income Execution?
A: Yes, we now require first and second stage fees to be paid at the
same time.
Q: As a judgment debtor, when do I have to make payments?
A: New York State law requires you to make payments (10% of your gross pay under certain conditions), on a regular basis. You should remit payments at least bi-weekly.
Q: I already have the IRS garnishing my pay for 10% of my gross, do I have to also pay you 10% of my gross pay?
A: No. Under New York State Law, a judgment debtor can only have one 10% garnishment at a time.
Q: I already have court ordered child support (over 25% of my gross pay) garnished. Can my pay be further garnished 10% by the Sheriff?
A: No. Under New York State Law, 25% is the maximum amount garnishable.
Q: I only work part-time and make only about $150 per week. Do I have to pay $15.00 per week?
A: No. Under New York State Law, a judgment debtor must take home at least $154.50 a week. This is the gross pay minus all deductions mandated by law and the 10% garnishment.