Dear Customer, thank you for choosing Just Answer. I would like to assist you with your question today.
Unfortunately you appear to be dealing with a marshal that is not pursuing your claim diligently. He is probably correct that a new affidavit must be completed, but the writ should have been filed more quickly.
In New York, Marshals are not City Employees, but rather are licensed by the City (see the New York State Courts website on collections: http://www.nycourts.gov/courts/nyc/smallclaims/collectingjudgment.shtml (it also has tips on other forms of collections and ways you may go about pursuing your judgment)). For a list of other Marshals that you may use you can find this list of licensed Marshals in competition with the one you are currently using, unfortunately I cannot recommend any one in particular, but if you are having difficulties with yours in particular, there are other options: http://www.nyc.gov/html/doi/html/marshals/list.shtml
OK, let's try it again, as my questions clearly have not been answered:
1. when the marshal send request of execution to court, does he have a proof of having submitted it to court, or he just sends it regular mail? in other words, how do I get a proof that in fact he did submit the request, vs lying? like i wrote before "
2. What measures can I take against the marshal who is less than diligent and who has delayed my collection by weeks.
1. the documents in court will be stamped, but does the marshal have any proof in his hands????
2. are there disciplinary measures i can pursue?
3. am i entitled to seeing marshal himself?
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