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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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51. Is state marshall, who delivers summons and collects taxes

Resolved Question:

51. Is state marshall, who delivers summons and collects taxes on behalf of municipalities, supposed to be a "neutral party", or does he work for the plaintiff?
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.
The marshall is a government employee and is neither on the side of the Defendant nor the Plaintiff.
Customer: replied 3 years ago.
In CT State Marshall's are independent contractors and collect fees to deliver summons and collect taxes from financial institutions. They make 15% when they collect any outstanding taxes.
Expert:  TexLaw replied 3 years ago.
When a marshall performs a independent contract to serve a summons, then he is working as a private process server for the party that hired him. He cannot abuse his power while doing that. However, if your question is really whether it is required for him to stay neutral when he is performing the independent contract, the answer is yes, if by neutral you mean that he/she would take an interest in the case other than performing the task agreed to.
Customer: replied 3 years ago.
How can Marshall be neutral when he gets paid 15% based on collections of taxes?

The reason I say is that one such marshall performed defective service. I have never received any court papers. I have asked him several times to fax/mail me the papers and he keeps lying that he did.
Expert:  TexLaw replied 3 years ago.
Are you in a case where the marshall was attempting to collect taxes from you or is the marshall serving a summons on you?
Customer: replied 3 years ago.
The former, but the latter is the part of the process.
Expert:  TexLaw replied 3 years ago.
I'm confused by that reply.

If the marshall is lying under oath about the service of process, then you need to challenge his affidavit of service by filing a written objection.
Customer: replied 3 years ago.
He is not lying under oath. I have requested him many times to send me the documents he served on me incorrectly because I never received them.

He told me that he faxed them to me, but I never received his fax while I continue to receive other people's faxes.

Then I asked him to mail the documents to me. He has not done that in a month.

So he was lying about him faxing the papers to me.

This is where they lie is involved. NOT under oath.
Expert:  TexLaw replied 3 years ago.
You say he's served you incorrectly. What do you mean exactly? Why was the service incorrect?

Also, do you know who he was hired by? You can get the documents that he is supposed to give you by talking directly to the party who he is working for.
TexLaw and 10 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Yes, I will have to go through the discovery, it seems.
Customer: replied 3 years ago.
Thanks for your time.

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