CT State Marshal

Your CT State Marshal, delivering fast, reliable, professional service of Civil Process in New Haven County.

CT State Marshal Brian Mezick

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Collect What You’re Owed

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.

Collections

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, both with law firms and as a Connecticut State Marshal.

Connecticut has several statutory post-judgment collection procedures that provide many options and methods of collecting of a debt.  Unfortunately, many debtors know the system and know how to put up roadblocks to collection.  Too often in these situations creditors get discouraged and give up. Don’t give up! Your judgment may be good for a long time. If you run into a dead end, revisit your judgment down the line. If fully utilized, the Connecticut post-judgment collections statutes contain ways for a diligent creditor to creatively collect or secure payment of a judgment in Connecticut.

Related Link:
CT Post: “Suing is easier than collecting”

Collections

Financial Institution Execution

Method

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. State Marshal’s fees are added on top of the execution and are paid by the defendant. The marshal’s fee is 15% of sums collected.

Bank Execution- natural person (JD-CV24)
Bank Execution- business (JD-CV24n)
Exemption Claim form- Bank Execution (JD-CV-24a)

The Process

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. Because of the time restrictions, marshals may only be able to serve your execution to 3-4 banks at the most during the 45 day period before being required to return the execution to you. These rules do not apply however to a business defendants such as an LLC or corporation.

Certain Funds Cannot Be Taken

For natural person defendants (individuals, not businesses) there are certain kinds of funds in the account that are exempt from execution. Please see Conn. Gen. Stat 52-352b. and the defendant’s bank execution exemption claim form. Generally you are not able to levy on funds in the account that are Social Security benefits, pension or retirement funds, unemployment benefits, Worker’s Compensation benefits, disability  payments, Veteran’s benefits, any public assistance or welfare payments, court-ordered child support payments, or alimony. Additionally, the 1st $1,000 in a bank account may be claimed as exempt.

How to Increase Your Chances of Success

A Plaintiff with a valid court judgment 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. Utilizing this method will increase your chance of collecting, as you may identify where the defendant maintains an account and its balance, before the service of a bank execution. Because the marshal can only serve a couple banks during the 45 day period, it is best practice that you attempt to ascertain the bank before executing.
Post-Judgment Remedies Interrogatories (JD-CV-23)
Post-Judgment Remedies Interrogatories- response form

Banks We Serve

  • Bank of America
  • People’s United Bank
  • JP Morgan Chase Bank
  • Webster Bank
  • Wells Fargo
  • First Niagra / Key Bank
  • Citizen’s Bank
  • Santander
  • Citibank
  • FD Community Federal Credit Union
  • Fidelity Investments
  • Liberty Bank
  • United Bank
  • Ion Bank
  • Sovereign Bank
  • Capital One / Capital One 360
  • The Milford Bank
  • Guilford Savings Bank
  • Savings Bank of Danbury
  • American Eagle Credit Union
  • Patriot Bank
  • Sikorsky Federal Credit Union
  • Newtown Savings Bank
  • Union Savings Bank
  • Essex Savings Bank
  • Seasons Federal Credit Union
  • Quinnipiac Bank & Trust / Bankwell
  • Connex Credit Union
  • Start Credit Union
  • Municipal Credit Union
  • Cross Point Credit Union
  • Wepawaug-Flagg Credit Union
  • CT State Employees Credit Union

Or any bank or credit union with a physical branch located in town/city in New Haven County.
Or any out-of-state bank that doesn’t have a physical branch in CT (for example, Capitol One Bank, Ally Financial, etc.) (See Public Act 19-41)

We can serve your bank execution to any New Haven County branch regardless of the location of the defendant or location of the court where the judgment was issued. Please do not hesitate to send us a bank execution regardless where the defendant resides in the state.

How to Send Us an Execution:

When sending a bank execution to Marshal Mezick, please provide:

  • A cover letter
  • The signed execution issued by the court, and exemption claim form
  • The defendant’s date of birth
  • The defendant’s Social Security number if known
  • The post-judgment interest calculation $ amount (if post-judgment interest was ordered by the court).

If you know where the judgment debtor maintains an account, please provide that information, including the post judgment interrogatory response if applicable. 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.

Collections

Wage Execution

Method

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. State Marshal’s fees are added on top of the execution and are paid by the defendant. The marshal’s fee is 15% of sums collected.

Wage Execution form (JD-CV-3)
Wage Execution exemption claim form (JD-CV-3a)

The 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. Once served, the employer is required to pay over a portion of the defendant’s pay to the marshal on the next pay period, 21 days after the service of the wage execution. This means it may take several weeks (or longer, like months!) before money is paid over to the creditor, especially when the defendant is paid bi-weekly or monthly. The marshal must account and process the payments the employer is remitting, and then pay over those monies to the plaintiff, less the marshals fee, in regular intervals. Once the garnishment is in place, if the defendants is earning regular paychecks, you will receive regular pavements each month remitted from the marshal’s office.

Limits on how much can be garnished

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, for example $50 per pay period. If the exemption claim is made by the defendant before 21 days after the service of the execution, the garnishment will not start until the court determines the claim. An exemption claim can be filed anytime during the garnishment, however if the garnishment has already started, the deduction will not stop or reduce until the court hears the claim. The court has discretion to hear and modify the deduction at any point, even years after the garnishment commenced.

An employer can only pay 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. The garnishment will have to “wait in line”. If there is a state ordered child support garnishment in place, if there are remaining disposable earnings up to the 25% cap available, it may be possible to simultaneously satisfy both a child support garnishment and a civil court wage execution. However, if the person works part-time or limited hours, there may not be sufficient earning to deduct anything from the paycheck. The defendant must earn at least 40x the CT minimum hourly wage each week in disposable earnings for there to be enough wages to garnish. “Disposable earnings” means take home pay after federal income and employment taxes, normal retirement contributions, union dues and initiation fees, group life insurance premiums, health insurance premiums, and federal tax levies. This means when the minimum wage is $15/hour, a person generally must make $600 take home pay per week after taxes for a garnishment to begin paying anything. Sometimes defendants work overtime or pick up extra hours during certain seasons. In that instance a garnishment can “wait in place” as dormant, and pay over when there is a paycheck with sufficient earnings.

How to Increase Your Chances of Success

A Plaintiff with a valid court judgment can confirm employment and earnings before applying for a wage execution with the court, by sending Post-Judgment Interrogatories to the defendant’s employer, or suspected employer. The employer is required to respond to the Plaintiff in 30 days, thereby confirming employment and earnings.

Post-Judgment Remedies Interrogatories (JD-CV-23)
Post-Judgment Remedies Interrogatories- response form

How to Send Us an Execution:

When sending a wage execution to Marshal Mezick, please provide:

  •  A cover letter
  • The signed execution issued by the court, and exemption claim form
  • The defendant’s date of birth
  • The defendant’s Social Security number if known
  • The post-judgment interest calculation if ordered by the court.

Contact State Marshal Mezick if you have questions about the wage execution process.

Collections

Property Execution

Method

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.

Property Execution form (JD-CV-5)
Property Execution exemption claim form (JD-CV-5b)

The process

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. State Marshal’s fees are added on top of the execution and are paid by the defendant. The marshal’s fee is 15% of sums collected.

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).

Certain items cannot be taken

When levying against and individual (natural person), a judgment creditor should refer to Conn. Gen Stat. 52-352b regarding property exempt from execution. Items that cannot be taken include:

  • Tools, books, instruments, and animals that are necessary in the course of the defendants occupation or profession (think broadly here).
  • A person’s burial plot (would you really do that ? )
  • Health aids necessary for the defendant to work or maintain their health.
  • Military equipment, uniforms or musical instruments owned by any member of the armed forces of the United States.
  • Wedding and engagement rings.
  • Monies held by a landlord for a residential security deposit.
  • Monies held by a utility for a deposit on a residence.
  • Up to two motor vehicles to the value of seven thousand dollars in the aggregate (the value is determined as the fair market value of the cars, less the amount of any liens on the vehicles)

A business defendant, however, is not subject to exemptions.

Practicalities and realities of a property execution

In common practice, a property execution is not the first method utilized to collect a judgment. Creditors are typically best served by trying a bank execution first, or determining wages to attach. When taking property the marshal must notice the defendant and seize the property without breaching the peace. This means the property must be available and reachable for levy. State Marshals in the performance of execution or service of process functions, have the right of entry on private property and are not subject to trespassing and are not liable for property damage or injury. See Conn. Gen. Stat. 6-38(b). However, a marshal cannot breach a gate, open a garage, or enter a home or locked business without a court order. See the 4th Amendment to the US. Constitution. A state marshal cannot breach the privacy and property rights of an individual without a court order. A property execution is only an order for the marshal to levy the nonexempt goods of the judgment debtor within his jurisdiction and take personal property into his possession as is accessible without breach of peace. If the property is hidden, confined, or inaccessible, the creditor may motion the court for a turnover order. Therefore for a property execution to be practical, the property to be levied must generally be accessible in an open yard or in an open business, or the defendant would have to voluntarily turn the property over to the marshal in compliance with the execution.

Property executions are very involved and have very specific procedural requirements. Anyone looking to serve a property execution should carefully review Conn. Gen. Stat. 52-356a.

The plaintiff must specifically identify the property to be levied and must ensure the property is owned or titled to the defendant named on the execution. State Marshals are not private investigators. The burden is on the plaintiff with a property execution to identify the property they wish to levy under the execution. In the case of vehicles or boats, this means a motor vehicle title search must be done conducted prior to the levy. Such information can be requested from the CT DMV if it is in connection with the execution or enforcement of judgments and orders, or pursuant to an order of any court, provided the requesting party is a party in interest to such proceeding. For other property such as machinery or equipment, a UCC search must be completed through the Secretary of State’s office. Because the property sold at auction under a property execution is subject to and does not affect any secured liens that are senior in right to the execution, determining the proper ownership and liens is a pre-requisite step for any property execution procedure.

Transportation and storage

Licensed and insured transportation must be arranged, and under the control of the marshal. Heavy haulers may need to be arranged. In the case of animal or other dangerous or fragile materials, specialists or keepers may need to be arranged. Further, an insured and secured storage location must be arranged, with the marshal retaining control of the property until the auction date.

Once the defendant has been served with the execution and demand made, the property may be levied by the marshal and transported and stored. The auction of the property can occur as soon as 20 days after the defendant and every lien holder is notified of the time and place of the auction, and a notice is posted in the office of the town clerk in the town where the property is to be sold. The auction can be advertised with the cost of publication(s) added to the sale.

Auction

All amounts received from the sale are accounted for in the following order:

  • All reasonable and necessary costs of the sale (transportation, storage, insurance, keeper fees, auctioneer, etc.).
  • Legal costs of the levy (Marshal’s fee of 15% when the money is actually collected and paid over, or the debt or a portion of the debt is secured by the officer, see Conn. Gen. Stat. 52-261(a)(F); and costs such as postage, mailings, publications, printings, etc.).
  • The judgment creditor (that’s you or your client).
  • Payment of any subordinate secured parties or lienors who make a written demand to the levying officer prior to the sale, according to their respective interests, and to any other judgment creditors presenting an execution to the levying officer, in the order of presentation.
  • To payment to the judgment debtor (if any funds remaining).

The Plaintiff will need to arrange with the State Marshal their opening “plaintiff’s bid” before the auction. The property sold must be present and within view of those attending the sale. The property will be sold “as is” and will be sold subject to all secured liens that are senior in right to the execution (this is why a proper UCC search is required). If no other persons bid at the auction, the Plaintiff will take title, ownership and possession of the property for the amount of their Plaintiff’s bid. Because the Plaintiff need not pay themselves on their own judgment, they will be responsible for only the costs of the levy, sale and the state marshal’s fees. The judgment will then be satisfied or partially satisfied in the amount of the plaintiff’s bid. In the case of a 3rd party at the auction being the successful bidder, that bid will be accounted for in relation to the judgment, after levy costs, sale costs, and state marshal’s fees. The amount remitted to the plaintiff  after those fees are deducted, will be the amount credited on the judgment to satisfy it either partially or wholly.

How arrange a service of property execution

When sending a property execution to Marshal Mezick, please provide:

  • A cover letter
  • The signed execution issued by the court, and exemption claim form
  • Where direct service can be made to the defendant to make demand.
  • The specific property to be taken and it’s location.
  • Title and lien records for the property.
  • Plans for proper transportation and storage.
  • Plans for additional advertisement if planned.
  • Amount for the opening plaintiff’s bid.
  • Funds advanced for the cost of transportation, storage, insurance and publication, and other necessary costs to facilitate the sale.
  • Retainer agreement and indemnification and hold harmless agreement.
  • Indemnity Bond (Marshal Bond) as applicable, if needed

Property of the defendant held by 3rd parties

A property execution can be used in certain limited circumstances without an auction sale. A property execution may also be used to intercept any 3rd party holding the property (or monies) of the defendant. Examples of ways a property execution seizure or levy could be used:

  • Tenants paying rent.
  • Credit card processors (useful for restaurants or similar businesses. The creditor must attempt to ascertain the processing or merchant services used by the defendant).
  • PayPal, or other electronic sites holding money that are not ‘financial institutions’ defined by Connecticut statute. (difficult, but not impossible).
  • Accounts receivable (businesses that owe money to the judgment debtor. The creditor must identify the businesses to be served.)
  • Lottery winnings before a payout.
  • A landlord holding deposits on commercial properties (residential deposits are protected).
  • A safety deposit box (theoretically this would be done with a property ex).
  • Till Tap or cash businesses seizure (State Marshal(s) go into the business to make a one-time removal of all cash and checks out of the cash registers or safes. Property must be levied without breaching the peace).
  • “Keeper” in the debtor’s business (This would be a very extraordinary procedure in CT, and again, the levy must be conducted without breaching the peace. If the judgment debtor is a business, State Marshal(s) can, for a determined fee as a ‘reasonable and necessary cost’, remain in the judgment debtor’s business establishment and take all the funds that come in until the judgment is paid. The keeper would take possession of any sales proceeds that the business receives while the keeper is present. The keeper could collect cash, checks and money orders.  While the keeper is installed the debtor business cannot take credit or debit cards. Ostensibly, a keeper levy under a property execution would yield the best results with debtor businesses that deals with cash and customers on a daily basis. In the right circumstance, installing a keeper levy could be an effective way of opening up settlement dialogue with the debtor. The plaintiff would need to pay substantial fees up-front for this procedure. If the debtor closes the business while the state marshal is there, the plaintiff would have have to pay another ‘reasonable and necessary cost’ each time the marshal(s) goes back).
  • Any other 3rd party holding sums or property due to the defendant debtor (3rd parties who fail to pay over funds after service on the property execution would then be subject to subsequent proceeding such as turnover or contempt motions).

However, a property execution cannot be used on a financial account or on an employer for wages. 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.

Personal demand via a property 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. The judgment debtor will be informed that I am a Connecticut State Marshal and making formal demand for payment of the accounts now due on an execution directed to me by by the order of the Superior Court. The debtor will be informed that if I do not receive the total payment in accordance with the Connecticut General Statutes, I will have no other alternative then to levy (seize) their property and hold it for public auction and the proceeds of which will be used to satisfy (pay) the judgment. They will be informed that additional fees will be increased for storage, advertising, the auctioneer, etc., which will all be at their expense.

Occasionally in “dead end” cases where the plaintiff wishes to file an application to CT Home Improvement Guarantee Fund,  you must have tried to collect the money owed you by means of a marshal’s “writ of execution,” and were unsuccessful in that attempt. This sometimes means having a state marshal make a demand with a property execution and providing a unsatisfied return of service for the purpose of doing the pre-requisite step necessary to the creditor to apply to the Home Imporovemt Guarantee fund. A property execution is not the only way this can be done. The Plaintiff can also try a bank execution.

Because per Conn. Gen. Stat. 52-261 state marshals are paid for executions only when the money is actually collected and paid over, or the debt or a portion of the debt is secured by the officer, a marshal does not get paid unless he is paid under the execution, except in the case of fees for ‘reasonable and necessary costs’ for extraordinary procedures necessary to conduct the levy. A marshal does not collect a fee however on the service of a “demand only” property execution. It should be stated that if any payments are in fact made by the defendant or any 3rd party upon whom the property execution has been served, the marshal is entitled to the statutory fee of 15% of any payment, regardless if it made directly to the creditor plaintiff or attorney.  See O’Brien-Kelley, Ltd. v. Town of Goshen, 190 Conn. App. 420 and Corsair Special Situations Fund, L.P. v. Pesiri, 863 F.3d 176, 179–82 (2d Cir. 2017) and CORSAIR SPECIAL SITUATIONS FUND, L.P. v. ENGINEERED FRAMING SYSTEMS, INC., ET AL.(SC 19953).

Contact State Marshal Mezick if you have questions about collection methods utilizing a property execution.

Collections

Examination of Judgement Debtor

A useful tool

Creditors can conduct what is called an examination of judgment debtor or EJD.  At the EJD hearing, the court will place the judgment debtor  under oath. The Plaintiff can then question them about their assets, including bank accounts, jobs, real estate, and personal property.  At the hearing the plaintiff can discover assets that could be used to satisfy the outstanding judgment.  EJD’s can also encourage negotiations between the parties, since the defendant will be required to appear in court.

EJD hearings are sometimes how judgments are settled or satisfied.  The court can also order the debtor to return to court if they appear without the requited documents or if they think they can be less than forthcoming.

How to serve an EJD

To start the EJD process, the creditor must apply for a hearing with the court. The plaintiff should attach a subpoena to the EJD notice to be served. On the subpoena you can include a list of documents you want the debtor to bring, such as bank account statements, tax returns, paystubs, vehicle titles, and real property records, for example. If you are a self-represented plaintiff, you will need the clerk of the court to sign your subpoena.

The EJD Order for Examination &  Hearing, along with the subpoena must be served by a state marshal. Service can be made either abode or in-hand. However, in hand service is preferred because if an EJD notice and subpoena are served in-hand or the defendant has direct notice, and the judgment debtor fails to appear, the court can issue a civil arrest warrant (a capias) which commands a state marshal to arrest the defendant and bring them to the courthouse lockup.  It is important to point out that the judgment debtor is not being arrested for failing to pay the judgment, rather the capias warrant is issued based on the debtor’s failure to appear in court when summoned. 

Application for Examination of Judgment Debtor and Notice of Hearing JD-CV-54

Subpoena JD-CL-43

Application for Issuance of Subpoena JD-CL-136

Sample list of items to bring to debtor exam. Exhibit A to attach to Subpoena

Collections

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.

Collections

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.