(a) Publication of notice of sale. A sheriff, where real property is to be sold by virtue of an execution or in pursuance of a direction contained in a judgment, is entitled to reimbursement for printer’s fees, paid by him for the publication of a notice of the sale. Where the notice is published more than four times, or the sale is postponed, the expense of continuing the publication, or of publishing the notice of postponement, shall be paid by the person requesting it. Where two or more executions against the property of one judgment debtor are in the hands of the sheriff at the time when the proceeds are distributed, the sheriff is entitled to reimbursement for printer’s fees upon only the execution issued upon the judgment first docketed in the county.
§ 8013.Expenses of sheriffs.
Article 80. Fees · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 8013 entitles a sheriff to reimbursement for the out-of-pocket costs of publishing a sale notice, appraising attached property, and other expenses tied to carrying out a mandate, and lets the sheriff demand payment in advance.
Full Text of CPLR 8013
(b) Appraisal of attached property. A sheriff, where an estimate of the value of property levied upon by virtue of an order of attachment is made, shall be entitled to reimbursement for such compensation to appraisers actually employed thereupon as the court which granted the order of attachment may allow.
(c) Other expenses. A sheriff is entitled to reimbursement of all expenses necessarily incurred in the execution of any mandate and in the protection, presentation, transportation or sale of property.
(d) Payment in advance. A sheriff, whenever he deems it necessary, may require payment to him in advance to cover any or all expenses for which he is entitled to reimbursement; advance payments made in connection with a mandate or direction affecting property shall be repaid by the sheriff out of the proceeds of the sale of the property, if any.
Plain-English Summary
CPLR 8013 covers costs a sheriff pays out of pocket while carrying out court process, distinct from the mileage and poundage fees set by CPLR 8012. Subdivision (a) entitles the sheriff to reimbursement for printer's fees when publishing notice of a sale of real property under an execution or a judgment direction. If the notice runs more than four times or the sale is postponed, the person who requested the extra publication or the postponement notice bears that added cost. Where more than one execution against the same debtor is in the sheriff's hands when proceeds are distributed, only the execution tied to the first-docketed judgment carries the publication cost.
Subdivision (b) covers appraisal costs: when property levied under an order of attachment is appraised, the court that granted the attachment sets the reimbursement owed to the appraiser. Subdivision (c) is a catch-all, entitling the sheriff to reimbursement for expenses necessarily incurred in executing any mandate and in protecting, transporting, or selling property.
Subdivision (d) lets the sheriff require payment in advance to cover expenses before incurring them. Where the advance relates to property under a mandate, the sheriff repays it out of the proceeds once the property sells.
Frequently Asked Questions
Who pays for publishing a notice of a sheriff's sale?
The sheriff is reimbursed for the printer's fees of publishing the notice. If the notice is published more than four times or the sale is postponed, the person who requested the added publication or the postponement notice pays that extra expense.
Can a sheriff require payment before incurring expenses?
Yes. Subdivision (d) lets the sheriff require advance payment to cover any or all expenses for which reimbursement is owed.
What happens to an advance payment made toward selling property?
If the advance was made in connection with a mandate affecting property, the sheriff repays it out of the proceeds of the sale of that property, if there are proceeds.
Who sets the fee for appraising attached property?
The court that granted the order of attachment allows the compensation paid to the appraiser employed to value the levied property, and the sheriff is reimbursed for that amount.
If two creditors both have executions against the same debtor, who pays the publication costs?
Only the execution issued on the judgment first docketed in the county bears the sheriff's publication expense, even though other executions may also be pending.
Advisory Committee Notes
Subd (a) of this section is based upon part of subd 14 of CPA § 1558. Subd (d) allows for payment in advance, and so covers the provision to that effect in the former subdivision. The former publication requirement of one publication in each of six weeks has been cut by § 5235(c) to four publications. For this reason the former language “six weeks” has been changed to “four times.” Since the first judgment docketed in the county has first lien upon the proceeds of the sale, the former provision permitting the sheriff to charge whichever execution in his hands he elects has been changed to require the charge to be made upon the execution issued upon the judgment first docketed in the county.
Subd (b) of this section is based upon part of subd 8 of CPA § 1558.
Subd (c) of this section is based upon part of subd 5 of CPA § 1558. Although subd 5 was limited to advancement of expenses, it was clear that the sheriff was also entitled to be reimbursed for expenses necessarily incurred as to which no advance was made. The sheriff’s right to require payment in advance is covered by subd (d).
Subd (d) of this section is based upon part of subd 5 of CPA § 1558 and covers part of subd 14 thereof.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: sheriff expensessheriff's sale publication costssheriff reimbursementCPLR 8013 expenses