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William B. Esq.
William B. Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3076
Experience:  I am a civil litigation attorney with experience representing individuals and businesses.
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i won a judgment, the defendant didnt pay on time, i got a

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i won a judgment, the defendant didnt pay on time, i got a marshal on the case, and he said he sent the request for execution to the court. I have not heard from the marshal in a month, and he had not contacted the court till i contacted him a month later.
he now claims that the court has misplaced the file, a.k.a. clerical error has occurred, and I will have to fill out a new affidavit and he will have to send it to court again.
This all seems rather strange. 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?
further, turned out i did not see the real marshal, which i did not realize till later. There were other people in the office who took my paperwork, and i never had a chance to either see, or talk to the marshal.
something is awfully fishy here, and I am 5 weeks delayed on collection, while the defendant might have bolted in this time.
What can i do under circumstances? How can I verify that the marshall's office did the job, and what measures can i take against them?
Thank you!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  William B. Esq. replied 1 year ago.

CalAttorney2 :

Dear Customer, thank you for choosing Just Answer. I would like to assist you with your question today.

CalAttorney2 :

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.

CalAttorney2 :

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

Expert:  William B. Esq. replied 1 year ago.
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Customer: replied 1 year ago.

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.


 


 


 


 

Expert:  William B. Esq. replied 1 year ago.
My apologies:

(1) Yes - the document should be "file stamped" (even if he submitted the documents by mail, which is reasonable, they should be file stamped by the court upon receipt).

(2) You can pursue the Marshal for breach of contract and negligence in court (probably not worth the expense in most situations, but if the debtor absconded with the assets during the time that he failed to pursue the assets, that may change this analysis as he would be responsible for these damages if you can show that you would have been able to obtain them had he pursued his duties diligently).
Customer: replied 1 year ago.

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?


 

Expert:  William B. Esq. replied 1 year ago.
(1) He should have a copy - the Court should have returned it to him. The only reasonable explanation would be that the Court is very backlogged and has not returned it to him. However, if it is this backlogged, he needs to explain how to get a new affidavit processed quickly so that it will not go stale, and why a new affidavit is needed if the old one is still in processing with the Court. (I don't have any other good explanation for you as to why he would not have a file stamped copy back, particularly if he is asking for a new declaration from you).

(2) You can report the Marshal to the city, he is licensed and registered, they do have an interest in their actions. Regulatory reports do not always immediately assist consumers, but it is something you are certainly entitled to do. The Department of Investigations (link above) would be the proper entity.

(3) There is no independent right to see the Marshal, however, he is a business man, he should be willing to see you in order to maintain his business relations. Your primary leverage here is that you are a consumer with a valuable asset (your business) and he is not servicing you well, you can go elsewhere with your business, and he should make an effort to keep you as a client.
William B. Esq., Lawyer
Satisfied Customers: 3076
Experience: I am a civil litigation attorney with experience representing individuals and businesses.
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