After you have won a judgment, you must follow certain procedures in order for the Schenectady County Office of the Sheriff to act in the collection process. There are two ways in which the Sheriff's Department can collect:
- Income Execution:
- First Stage - Served on debtor at their last known address
- Second Stage - Served on debtor's employer
- Property Execution
- Bank Account
- Vehicle Seizure
- House Sale
In either of the executions you must locate the debtor's place of employment or the property that is to be seized. It is neither legal nor appropriate for the Office of the Sheriff to conduct a civil investigation.
In either case you must get your transcript of judgement from the court, file the transcript with the County Clerk's Office and fill out one for the following documents. Please note that these documents may be purchased at any office supply store.
Transcript cost: $6.00 @ City Court
Filing Fee: $10.00 @ County Clerk
- Must be signed by an attorney, judge or court clerk
- Fill in all blank spaces completely
- The index number may be found on the transcript of judgement
- Include the employers name and address
- Once the Income Execution is completed and signed, we require the original + five (5) copies (Six total)
- Our fee for service is $37.00
- We will serve the judgement debtor by regular and certified mail.
- The debtor has twenty (20) days from the date of service to make voluntary payments to our office.
If the debtor has not made voluntary payments and is employed in Schenectady County, we will send you a letter requesting additional fees ($37.00) so we can proceed with serving their employer and having the debtors wages garnished.
These two fees will be added to the judgement total for you, to be retrieved if the judgement is fully satisfied.
PROPERTY EXECUTION AGAINST A BANK ACCOUNT
- You must locate the bank and the account
- All blank spaces must be filled out completely
- Include the index number which can be found on the transcript of judgement
- The document must be signed by the judge
- Once signed, we require the original plus three (3) copies of the document (four total)
- Our fee for services is $100.00 plus mileage
- The fee will be added to the judgement total for you, to be retreived if the judgement is fully satisfied.
PROPERTY EXECUTION AGAINST A VEHICLE
- You must provide us with a certified copy of the vehicle title; (This can be obtained from the Title Bureau in Albany)
- Fill in all appropriate spaces on the document including the index number located on the transcript of judgement
- Our fee for services is $70.00 plus mileage; and additional fee of $400.00 escrow will be used for towing and storage.
- The vehicle will be held for ten (10) days. Notices of sale must be posted for an additional six (6) days. We will auction the vehicle and apply the proceeds to the reduction or satisfaction of the judgement
- The person buying the vehicle will be responsible for the towing and storage fees (your advance fee of $400.00 will be returned if/when the vehicle is sold)
- Property execution - original + Five (5) copies (six total)
- Our fee for service is $140.00 + mileage
- Names and addresses of any lienholders
- Notices of Sale (10 copies) - be sure to include ALL appropriate information - date of sale, time, etc. These will all be posted in various areas.
- Fees + Escrow ($400.00) - Escrow is a separate check
- Fee Schedule attached
POINTS TO UNDERSTAND
- All sheriff's fees are set by New York State Law
- We can only process one execution at a time and take them in the order they are received
- We cannot start another execution until the first is fully satisfied
- Interest will accrue on the unpaid balance at a daily rate of .025% and an annual interest rate of 9%, as the judgment ages.
- The interest rate is set by New York State Law
- Judgements are valid for ten (10) years and can be renewed for another ten (10) years
- We do not accept personal checks for our services - you may submit money orders, cashier's checks or business checks
Office of the Sheriff
320 Veeder Ave.
Schenectady, NY 12307
Phone: (518) 388-4300