In Connecticut, State Marshals are the only officials authorized by law to serve Civil Process. They are public officials entrusted to enforce the collection of civil judgments, or other court or administrative orders, in which money needs to be collected or property claimed. Such actions include wage, bank, property executions, and tax warrants.
About collecting a judgment
Having obtained a judgment, the most difficult task lies ahead in collecting it. Often a judgment debtor will fail to pay in accordance with the terms of the judgment. Several options are available to judgment creditors and Plaintiff’s counsel, under the Connecticut General Statutes, and require a Connecticut State Marshal’s involvement. State Marshal Brian Mezick has experience in such matters, having worked as a paralegal in a law firm conducting civil litigation and post-judgment collection procedures.
Financial Institution Execution
Financial Institution Execution or a ‘bank execution’ directs a State Marshal to make demand upon any bank branch within his county and seize any monies of the defendant which are not considered ‘exempt funds’. A judgment creditor may apply for an execution with the court where the judgment was obtained. The current court fee for an execution is $105, and that fee will be added to the collectible amount. With a signed execution, a State Marshal may seize up to the total amount of the unpaid judgment, plus costs, interest and marshal’s fee, which is added to the total amount due.
A State Marshal is required to serve only one bank at time until he receives confirmation from that bank that the judgment debtor had insufficient funds available to satisfy the execution. The marshal has forty-five days from the date he receives the execution from the Plaintiff to complete this process. After service of the execution on a bank, the Marshal is not permitted to serve the same execution on that bank a second time. The process continues until either monies are levied, or the 45 days expires, at which time the execution will be returned to the plaintiff along with a marshal’s return of service. The plaintiff may, at their choice, send the execution back to the marshal for another 45 day period; however the marshal may not serve any of the banks previously served with the same execution.
A Plaintiff may wish to locate bank accounts before applying for a bank execution with the court, by sending Post-Judgment Interrogatories to various local banks. The banks are required to respond to the Plaintiff in 30 days.
State Marshal Mezick makes daily stops all all major banks. State Marshal Mezick serves all banks & credit unions with a branch in New Haven County, including (but not limited to):
Bank of America, People’s United Bank, JP Morgan Chase Bank, Webster Bank, Wells Fargo, First Niagra / Key Bank, Citizen’s Bank, Santander, Liberty Bank, United Bank, Ion Bank , Sovereign Bank, Capitol One / Capitol One 360, The Milford Bank, Guilford Savings Bank, Savings Bank of Danbury, Newtown Savings Bank, Union Savings Bank, Essex Savings Bank, Bankwell / Quinnipiac Bank & Trust, Connex Credit Union, Start Credit Union, Municipal Credit Union or any bank or credit union with a physical branch located in town/city in New Haven County. Service can be made on a New Haven County branch regardless of the location of the defendant or location of the court. Please do not hesitate to send us a bank execution regardless where the defendant resides in the state.
When sending a bank execution to Marshal Mezick, please provide a cover letter with the defendant’s DOB date of birth and SSN Social Security number if you have it. If you know where the judgment debtor maintains an account, please provide that information as Marshal Mezick will serve that bank first.
Let’s get you paid on that judgment!
Contact State Marshal Mezick if you have questions about the bank execution process.
A wage execution directs a State Marshal to cause the Defendant’s employer to pay over a portion of the Defendant’s wages and apply them to the total amount of the unpaid judgment, plus costs, interest and marshal’s fee, which is added to the total amount due. The maximum amount which can be legally withheld from an employee’s wages is 25% of his/her disposable earnings for each week. However, the defendant can apply to the court for a modification of the attachment to a lower amount. An employer only pays on one wage execution at a time, so if the debtor has a current garnishment in place, no funds will be paid over until a first wage execution is satisfied.
A wage execution is a powerful tool to collect a judgment, as an employer must pay over funds to the State Marshal, and a wage execution is a reoccurring payment as long as the debtor is employed there, and their weekly disposable take home income exceeds 40 times the hourly minimum wage.
A Plaintiff can confirm employment and earnings before applying for a wage execution with the court, by sending Post-Judgment Interrogatories to the defendant’s employer. The employer is required to respond to the Plaintiff in 30 days.
Contact State Marshal Mezick if you have questions about the wage execution process.
A Property Execution directs a State Marshal to seize and sell property of the judgment debtor by first notifying the defendant or a 3rd party holding the property of the defendant. The property execution notifies any person served that the judgment debtor’s nonexempt personal property is subject to levy, seizure and sale by the State Marshal. A property execution can be utilized also to seize property or sums due the defendant debtor that are presently being held by 3rd party.
The State Marshal must first serve a copy of this execution on the judgment debtor, and if the judgment debtor is a natural person, a copy of the exemption claim form, and make demand for immediate payment of all sums due under judgment. If the defendant fails to make immediate payment, the State Marshal is permitted by law to seize any nonexempt personal property of the judgment debtor by taking the property without breaching the peace, and then selling it at public auction in order to satisfy the judgment.
The costs of the seizure, which may include moving costs, insurance, storage and advertising costs, must be fronted by the judgment creditor, and may be recovered from the proceeds of the sale of the defendant’s property, per Conn. Gen Stat. 52-356a (d).
When levying against and individual (natural person), a judgment creditor should refer to Conn. Gen Stat. 52-352b regarding property exempt from execution. A business defendant, however, is not subject to exemptions.
A property execution may also be used to intercept any 3rd party holding the property (or monies) of the defendant. Examples of 3rd parties holding funds of the defendant are tenants paying rent, credit card processors, accounts receivable or any other party holding sums or property due to the defendant debtor. However, wages may only be attached with a wage execution and funds being held by a bank or credit union must be attached via a financial institution execution.
A property execution is the proper method to allow State Marshal Mezick to make a personal visit and demand for payment from the judgment debtor.
Contact State Marshal Mezick if you have questions about collection methods utilizing a property execution.
Collecting an out of state Judgment in Connecticut
Have a judgment from an out of state court against a person residing in the State of Connecticut? You may want to collect that judgment in the State of Connecticut. A judgment obtained in a foreign court, outside the State of Connecticut must be domesticated with the Superior Court in Connecticut before a State Marshal may levy or seize assets in Connecticut. You may then obtain a bank execution, wage execution or property execution from the court for service by a State Marshal. Information about the domestication of a foreign judgment can be found at Conn. Gen. Stat. section 52-605. Further information can be found with the Judicial Branch here. Please contact a Connecticut attorney for further guidance regarding this procedure. State Marshal Brian Mezick is ready to serve your execution once obtained from the court.
Our Technology & Service
State Marshal Brian Mezick is committed to providing the best possible service that is required in today’s competitive marketplace. Utilizing custom software allows us to track and account collection monies and provide prompt and timely remittances. We understand you want to get paid on your judgment as soon as possible, while we comply with the authority given a State Marshal under the Connecticut General Statutes.
State Marshal Mezick and his staff strive to provide you with the results and service you require. We are always available to answer your questions about service, monies held, and remittances. Contact Marshal Mezick today.
Note: The preceding should not be construed as legal advice. The preceding was general information about a State Marshal’s involvement in execution of Connecticut judgments. This information was provided to assist you, and mirrors information in Judicial Branch court forms the Connecticut General Statues. Legal questions should be directed to a licensed attorney. A State Marshal ensures proper service of process required in a post-judgment collections matters, and a State Marshal is the only authorized official to serve a bank, wage or property execution.