Ask a Lawyer and Get Answers to Your Legal Questions
That is correct!! The Writ of Execution was issued almost 3 months ago, and still has not been sent over to the Marshall Service for delivery. I continue to inquire as to WHY., and all I get from the Clerk, is the Judges are busy and not have the time to forward it over!! What can be done??
I filed a Motion To Appoint U.S. Marshall to serve the Writ, gave the circumstances for the Motion, however, still have not had any action from the Court. Requesting a Hearing on the Originial Writ would prove fruitless, as the Writ was already signed, but not delivered to the Defendant. How long does it usually take, for the Court to rule on a New Motion???
Please see my reply to you dated 3/1/13 for further review. Maybe my question was somewhat ambiguous, and I may have left out some details.
The case was filed in the Middle District Court, Middle District of Florida, Ocala Division. The Case No: 5:08-CV-528-Oc-PRL. The prior case no that was originally assigned was 5:08-cv-528-Oc-GRJ.
As you can see form the records, A Writ of Execution ( Doc. 32 ) Motion was initiated on 08/16/12, and it was Done and Ordered on October 9, 2012. However, this order was never sent over to the U.S Marshall Service to be served. On Jan. 14, 2013, I filed a Motion for Appointment of U.S. Marshall to Serve Writs Of Execution, along with the Order To Appoint U.S. Marshall To Execute Writs. 9A Am Jur, Pleading and Practice, ss 61 thru ss 86.
Any additional information that you may require, would be immediately available.
Any assistance or insight into this matter, would be greatly appreciated. Vince P.
ONCE AGAIN, I KNOW I RECIEVED THE WRIT IN THE MAIL, HOWEVER, THE U.S. MARSHALL SERVICE WILL NOT EXECUTE THE WRIT WITHOUT AN ORDER DIRECTLY FROM THE JUDGE!!!!! I DO NOT KNOW ELSE TO EXPLAIN IT TO YOU. I KNOW IT GOES AGAINST WHAT IS IN STATUE, BUT, IT IS WHAT IT IS!!!!!!!!!!!!! SO, WHERE DO I GO FROM HERE, ONCE AGAIN????
NOW, YOU FINALLY UNDERSTAND MY DELEMMA. I do not want to initiate any kind of Motion against the U.S. Marshall's, as some of them are personal friends, and, according to the Clerk's Office, a Motion For Contempt, will only infurerate the situation. PLEASE KEEP IN MIND, THIS IS NOT MY PERSONNAL CASE, IT IS ON BEHALF OF A VERY CLOSE FRIEND, WHOM I BELIEVE WAS MIS-REPRESENTED. AS I EXPLAINED, I AM NOT AN ATTORNEY, HOWEVER, I TOOK THIS CASE FROM ITS INCEPTION, AND DIRECTED THE PRO-SE LITIGENT THUS FAR. I AM NOW AT AN IMPASS!!! Any help would be appreciated. VINCE P.
No, I have NOT, I expected to Court to forward the Writ to the Marshall for Execution, when the Clerk informed me that I needed a Motion to Direct The Court, (which I filed) to Appoint The U.S. Marshall to Execute the Writ. What you are telling me, is written in the Law, as I understand it, and should be unquestioned as to the Service of the U.S. Marshall. Is that correct????
I KNEW THAT WHEN I FILED THE ORIGINAL WRIT, AND THE CLERK LOOKED AT ME, AND KNOW NOTHING WHAT TO DO WITH IT, I WAS IN TROUBLE THEN. I DID MY HOMEWORK, FOLLOWED THE LETTER OF THE LAW, RECIEVED A SIGNED WRIT BY THE JUDGE, AND FOLLOWED PROCEEDURE TO HAVE IT EXECUTED, ONLY TO FIND, IT WAS MY OWN MISTEP. THANK YOU, XXXXX XXXXX MUCH FOR THE INSIGHT, AND I WILL KEEP YOU ABREAST OF THE OUTCOME OF THIS CASE.