Government of New Brunswick

Overview

Sheriff Services' staff operates in eight regional offices strategically located throughout the Province. Sheriff Services provides a system for the service of documents, the execution of court orders in civil matters, jury management, the transportation of individuals in custody, and the provision of court security. The Branch is the enforcement arm of the court system.

Eligibility

Any person may ask the Sheriff's Office to assist them in enforcing (also referred to as executing) a court order, or to serve a document.

Description

The Sheriff Services Branch is the enforcement arm of the court system. Sheriff Services staff:

- provide courtroom security for the Court of Queen's Bench, the Court of Appeal and the Provincial Court in certain areas of the province.

- maintain security and provide safety to those involved in or attending court proceedings.

- monitor individuals in custody and the general public prior to, and during, court sessions.

- search and escort individuals in custody.

- transport individuals in custody to court appearances, to correctional facilities and to psychiatric facilities throughout the province.

- serve summonses, subpoenas, and notices or petitions issued under various legislation for individuals and other Government Departments.

- maintain the computerized system used to select potential jurors to sit on jury panels for jury trials.

- prevent any interference with the jury from court participants or members of the public.

- execute court orders, which involves having the Sheriff carry out the instructions of the court contained in the order. This may require the Sheriff to seize and sell property (including personal belongings, such as a vehicle, or mechanical equipment, as well as buildings or land), evict tenants, arrest persons and bring them to court.

Most of the orders that Sheriffs execute result from a civil court matter. One party (the judgment creditor) obtains a judgment (court order) for money to be paid by another party (the judgment debtor). If the judgment debtor does not pay voluntarily, the judgment creditor may pay a fee to have the Sheriff attempt to collect part, or all, of the amount owing. The judgment creditor must also pay any costs or disbursements incurred by the Sheriff in attempting to collect the amount owing.

Fees

Unless otherwise specified, Fees exclude the harmonized sales tax (HST).

Fee DescriptionRate in $Effective Date
YYYY-MM-DD
Receiving and recording of any writ, order, notice, pleading or other by the sheriff: 
  On one party or on two or more parties in the same action or proceeding served at the same time 75.001993-10-01
  On each additional party served in the same action or proceeding but not served at the same time 30.001993-10-01
  Work done by sheriff in executing or attempting to execute a Writ of Fieri Facias or an order for seizure and sale 75.001993-10-01
  There has been no settlement and no payment to the Sheriff by the debtor, the Sheriff has not determined that the order, certificate or write cannot be executed and the creditor withdraws the order, certificate or writ before any sale is held 50.001993-10-01
  There has been a settlement after goods were seized but before a sale was held or a settlement has been reached at least 14 days after the Sheriff demanded payment from the debtor. Plus 5% of the amount of the settlement that exceeds $3,000, to a maximum fee of $500, which amount of settlement shall be established by an affidavit filed with the Sheriff and given by the creditor or the soicitor or the creditor when it is less than the amount to be paid under the order, certificate or writ 200.001993-10-01
  There has been a payment to the Sheriff by the debtor before any sale is held. Plus 5% of the amount of the payment that exceeds $3,000, to a maximum fee of $500.200.001993-10-01
  Each postponement of sale 50.001993-10-01
If a sale has been held by the Sheriff: 400.001993-10-01
  Plus 10% of the the net proceeds of the sale that exceed $3,000, to a maximum fee of $1,000 1993-10-01
Enforcement or attempted enforcement of each order, writ or other process other than an Order for Seizure and Sale or Writ of Fieri Facias 75.001993-10-01
Interpleader by a Sheriff 200.001993-10-01
Sheriff's deed 150.001993-10-01
Service tendered by a Sheriff or Deputy Sheriff when holding an auction 100.001993-10-01
Certificate as a result of search of a Sheriff's records: for one or two names 10.001993-10-01
Certificate as a result of search of a Sheriff's records: for each additional name5.001993-10-01
Search of Sheriff's record not made by a Sheriff (per search, per name) 5.001993-10-01