The Civil Division of the Livingston County Sheriff's Department shall serve and
execute in a timely and professional manner properly filed civil process and mandates
directed to the Sheriff, within the County of Livingston, as directed by a court
of competent jurisdiction, maintain related records as required, shall lawfully
collect, maintain and disburse monies in connection therewith, and perform such
other functions as may be directed by the Sheriff.
Sgt Chad Draper
Senior Account Clerk Dawn Hamsher
Division Mission Statement
The civil process division is a state mandated service provided by all Sheriff's
Offices throughout New York State.
It's purpose and function is to serve and execute the various legal process issued
by and for several non-criminal courts of New York State and for jurisdictions
of other states and countries throughout the world.
Legal Processes administered by the Civil Process Division for the legal community
and general public include:
Collections are done by way of income executions ( wage garnishments ) and property
executions, which authorize the Sheriff to seize property and, then, sell the
property at a Sheriff's sale. The sale proceeds are then applied to satisfy the
Types of service
There are five methods of serving the natural person with a summons. A natural
person is one other than a partnership, corporation, infant incompetent, the state,
or a governmental sub-division.
Affidavits of service are completed after the process is completed, and returned
to the issuing party. Affidavits should contain all pertinent information regarding
the time and place of the service and the description of the person served or
the attempts made if Sub Service is used.
- Delivery to the person to be served.
- Delivery to a person of suitable age and discretion.
- Sub service, by "nail & mail", after due diligence.
- Court Direction of service.
- Natural Person, partnership or corporation directing a person as agent for
An income execution is an instrument issued by the attorney for the judgement
creditor, or the court clerk, directing the Sheriff to satisfy a money judgement
out of the judgement debtor's income.
There are generally two stages in the collection process pursuant to an income
In the first stage, the execution is served upon the debtor himself, and is thereby
given the opportunity to make the appropriate payments and warned unless they
are made, an execution will be served on his employer, ( or other person from
whom he is or will be receiving money ). In the second stage, the execution is
served on the employer, due to non-payment during the first stage.
As for other executions, The Sheriff must make a proper return to the court clerk,
or in some cases the judgement creditor's attorney, and is entitled to payment
of fees in advance.
A property execution is a process of the court authorizing an appropriate official
to seize property belonging to a judgement debtor so that it can be applied to
the satisfaction of a money judgement.
There are two different kinds of Property Executions. Levy on personal property
and levy on real property. A levy is the taking of property along with the service
of the execution.
All property levied upon is seized and taken into custody of the sheriff until
a time as to which a sale can be conducted of the property. Proceeds of such sale
shall be applied to the satisfaction of the judgement.
Evictions are generally a two part process, the first part deals with commencing
the proceeding by service of a notice of petition and petition to recover real
property, and the second part deals with the enforcement of a warrant of eviction.
The purpose of this proceeding is to test the right of possession of the real
property and ultimately confirm that right.
The notice of petition is to the eviction what a summons is to a civil action.
Filing the proof of service commences the proceeding.
The Warrant of Eviction is a court order, signed by a judge, after judgement and
issued to an enforcement officer. It directs the enforcement officer to put a
landlord – petitioner in full possession of a particular premises, and to remove
all persons and personal property that are blocking his right to his real property.
Serving a Warrant is enforcing a court order.
All Persons being evicted must be given at least 72 hours written notice.
The enforcement officer is to see that the warrant is enforced. It is not our
job to remove the tenant's possessions. Arraignments should be made with the landlord
for removal and the costs involved.
A civil arrest is the interference with an individual's freedom of movement under
the authority of law.
Except as provided for in the Family Court Act, a civil arrest can only occur
with a warrant or other written direction.
A court of record has the power to punish for civil contempt.
A Warrant of Arrest may be issued where a judgement debtor possesses or controls
property and is concealing himself or is about to leave the state, it also may
be issued where a party has disobeyed a subpoena.