The Civil Division is a state mandated service of the Sheriff's Office. Its purpose and function is to serve and execute the various legal processes issued not only by and for the several non-criminal courts of the state and its subdivisions, but also for the legal community and the general public.
Departmental and divisional policies and procedures are consistent with New York State and court case law. These policies are designed and developed to insure the accurate, expeditious and judicious service and execution of all matters relating to civil process.
The Sheriff’s Office Civil Division does not supply legal advice of any kind.
The Sheriff’s Office Civil Division does not supply forms, nor can we complete them.
Legal processes handled by the Civil Division for the general public and legal community include:
Income execution – An enforcement instrument issued by the judgment creditor’s attorney acting as an officer of the court, or the court clerk, directing the sheriff to satisfy a money judgment out of the judgment debtor’s income.
Property execution – An instrument used by the sheriff to seize (or ”levy” upon) assets of the judgment debtor other than earnings, salary or wages. The type of property targeted determines the type of execution to be used.
Civil Process – Includes but is not limited to notices, summonses, subpoenas and petitions. Legal process not issued by a court or court clerk but which serves a legitimate and required function in the prosecution or defense in an action or proceeding.
Orders & Mandates – A wide variety of legal processes issued by a court or its clerk which are granted or issued in a wide variety of circumstances. Ex: Order to Show Cause; Judgment; Order of Protection etc.
Order of seizure – Special proceeding brought to test the right to possession of personal property. (Pre-judgment) A final judgment will usually direct the disposition of the property to a specified party.
Order of Attachment – Court order which directs the sheriff to levy upon property in which the defendant has an interest and to retain custody of that property until the court determines final disposition (pre-judgment)
Orders, Writs and Warrants related to evictions: The Warrant of Eviction is a court order, signed by a judge, after judgment and issued to an enforcement officer. (The Sheriff or a City Marshall) 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 blocking his right to his real property.
All fees and mileage are payable in advance. NO REFUNDS! You must send the proper type and quantity of process as indicated, with the correct fees and mileage, with a letter of instruction in order for any documents for service to be processed. Any omissions, errors, illegibility, untimeliness, etc. will prevent your documents from being docketed and served in our office.
Complete and full addresses are required including zip codes. It is the requesting individual’s responsibility to provide the Sheriff’s Office with the service information for the debtor/defendant. The Civil Division does not “investigate” the whereabouts of the individual. Any documents received with “unknown” or post office box addresses will not be processed.
The accepted forms of payment for all legal process and judgment payments are cash, attorney check or money order/ cashier’s check. We do not accept personal checks or debit/credit cards. All forms of payment are to be made payable to the Fulton County Sheriff’s Office.
If you are in need of a copy of an incident report investigated by the Fulton County Sheriff’s Office, you must stop in the Civil Division and fill out a F.O.I.L. Records Request form.
You must provide a copy of your driver’s license. The request is then given to an investigator for approval of release.
Once the approved report or letter of denial is returned to the Civil Division, you will receive a phone call for pick up.
In order to obtain a New York State pistol permit in Fulton County, YOU MUST: - Have lived in Fulton County for at least one year
- Be 21 years of age or older
- Fill out the pistol permit application in triplicate. No copies!! They must all be original.
- Have as character references four Fulton County residents who are not related to you by blood or marriage and with whom you have been well-acquainted for at least one year. NOTE: Each reference must sign all 3 applications.
- List any and all arrests on the front of the application
- Provide 3 passport size photos of yourself printed on photo quality paper. DO NOT AFFIX TO THE APPLICATIONS!! (Photos can be obtained at: Walmart; Rite Aid; Walgreens)
- Provide a copy of your New York State driver’s license
- Provide a receipt from a gundealer showing the handgun that will be on your permit (Unless obtaining from a spouse or parent).
- Take a pistol safety training course. You may contact Pine Tree Rifle Club at 518-649-7617 (Paul Catucci) or Mayfield Servicemen’s Club at 518-774-4570 (Leonard House) to schedule a class at either facility. Provide a copy of your certificate of completion to the Civil Division. If you do not, your application will not be processed.
- Application fee of $25.00 to be paid upon submission of the completed application packet to the Sheriff’s Office. (CORRECT CHANGE ONLY OR MONEY ORDER PAYABLE TO FULTON COUNTY SHERIFF’S OFFICE)
Start where it says “LAST NAME”.
You should check “Carry Concealed”.
No, but they must reside in Fulton County and have known you for at least one year. They cannot be related to you by blood or marriage.
Yes, all arrests, even those that were sealed or youthful offender, must be listed. If you don’t remember the details, contact the Court that adjudicated the arrest. Otherwise, put down as much information as you can.
Although the application merely states to furnish arrest information regarding felony/serious offense convictions, the issuing Judge requires all arrests be listed on the application.
Any undisclosed arrests can result in the denial of your application.
Yes, you must buy or put a deposit on a handgun prior to your application going for background check. Provide a copy of the receipt from the gun dealer to the Civil Division.
No, we will attach the photos.
Return to the Civil Division for signatures and review of the application.
DO NOT SIGN THE APPLICATION PRIOR TO SUBMISSION!!!
You will be provided instructions for fingerprinting upon submission.
After fingerprints have been taken, you must return to the Civil Division with your receipt. At that time we will take your picture and mail a questionnaire to each reference. Your references must return the questionnaire to our office before your application proceeds further.
Once all information has been received, your application will be forwarded to our Investigative Unit for background check
When the background is complete, your application will be forwarded to a County Judge for review. We will send you a letter with the Judge’s name and phone number.
IT IS YOUR RESPONSIBILITY to set up an appointment with the Judge for review of your application. Once the Judge approves your application, an approval form will be forwarded to our office. At this time your pistol permit will be mailed to you.
IT IS VERY IMPORTANT WE HAVE YOUR MAILING ADDRESS!!!