Short answer. No. The Rules are explicit that the sheriff may never demand that a check be made payable to him. A check settling a money judgment is made payable to the judgment obligee, the party who won. The sheriff receives only the lawful fees, under a proper receipt.

What the law says

In no case shall the executing sheriff demand that any payment by check be made payable to him.

Rule 39, Section 9 — Execution of judgments for money, how enforced. Read the full provision →

The rule is stated in absolute terms

Section 9 closes its first paragraph with a flat prohibition: the executing sheriff may not demand that any payment by check be made payable to him. There is no exception written into the provision, and none depending on the amount involved or on the sheriff's convenience. The same paragraph tells you who the check is for. A judgment obligor pays in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter. The payee named on the instrument is therefore the winning party, not the officer carrying the writ. A demand to the contrary is not something the Rules leave to the sheriff's discretion.

Where the money goes when the winning party is not there

The Rules contemplate that the judgment obligee may not be present when payment is made. If the obligee or an authorised representative is present, payment is made directly to that person under proper receipt. If not, you deliver the payment to the executing sheriff, who must turn over all amounts coming into his possession within the same day to the clerk of court that issued the writ. Where that is not practicable, the amounts go to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality, and the clerk arranges the remittance onward. At no point does the provision contemplate the officer holding the funds as payee in his own name.

What the sheriff is entitled to receive

The sheriff's own entitlement under this section is narrow. The lawful fees are handed to him under proper receipt, and he must turn that amount over within the same day to the clerk of court of the court that issued the writ. The clerk retains the lawful fees for disposition as provided by law. Everything else moves toward the judgment obligee in satisfaction of the judgment, and any excess is delivered back to the judgment obligor. So the officer handles money in a custodial capacity on a same-day timetable, not as a person entitled to be named on your check.

What this means in practice

If you are paying to satisfy a money judgment, name the judgment obligee as payee and insist on a receipt for whatever you hand over, including the lawful fees. Keep the receipt: it is your evidence of the amount and the date, and the section is built around payments being documented at each hand-off. A request that the check be made out to the officer personally has no basis in the provision, whatever reason is offered for it. If you have already paid in a way that troubles you, bring the receipts and the writ to counsel promptly rather than paying again.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.