Philpot, 032715 CTAGO, AGO 15-2

• Case Date: March 27, 2015
• Court: Connecticut

W. Martyn Philpot, Jr., AGO 15-2 No. 15-02 Connecticut Attorney General Opinions Office of the Attorney General State of Connecticut March 27, 2015          W. Martyn Philpot, Jr.,          Chairperson          State Marshal Commission          165 Capitol Avenue, Room 279          Hartford, CT 06106          Dear Attorney Philpot:          You have requested an opinion on several questions concerning state marshals that apparently were prompted by an e-mail from State Marshal Barbara Coffey that was attached to your request. Specifically, you divide your questions into three categories, Fees/Service, E-Filing and Lis Pendens. In the category of Fees/Service, you ask:

1. How should a return be worded if a state marshal makes service at the usual place of abode, if that can be defined, but also leaves copies at multiple addresses?

2. Are extra copies at multiple addresses to be treated as service and each paid for under a service of process fee in Conn. Gen. Stat. § 52-261?

3. If the extra copies at multiple addresses occurs or if extra time and effort is made by a state marshal at the request of a client, can the state marshal, by agreement with a client under Conn. Gen. Stat. § 6-38a(a), charge a fee for reasonable time and/or travel for service of process related efforts beyond the statutory service of process fee?

         In the category of E-Filing, you ask:

4. The State Marshal Commission has concluded that a state marshal cannot use the e-filing codes of an attorney to file a writ into the court. However, does a state marshal's public officer position allow for a state marshal to become a designated filer for an attorney, or are there conflicts of interests? If it is allowed, can any fees be paid to a state marshal for such court filings?

         In the category of Lis Pendens, you ask:

5. Is there any particular valuation structure for an individual seeking to be paid for recording a lis pendens, including a state marshal who is filing them? How is a state marshal to bill for such work?

6. Is it appropriate for anyone to charge a civil service fee for the recording of a notice of lis pendens?

7. For a state marshal who records a notice of lis pendens for a client can that state marshal create a corporation to record notices of lis pendens, with staffed employees?

8. If a state marshal is allowed to create a corporation, is there any particular volume of lis pendens recording work before a state marshal is obtaining personal gain off his or her appointment based on his or her foreclosure, or family, work, by taking on such recordings?

9. If a state marshal is allowed to create a corporation, can one or more other state marshals work as an employee of the corporation to record notices of lis pendens?

         As will be discussed in more detail below and as...