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![handle is hein.sag/sagct0024 and id is 1 raw text is: CT Attorney General
Attorney General's Opinion
Attorney General, Richard Blumenthal
January 3, 2005
Robert S. Rudewicz
Director of Operations
State Marshal Commission
765 Asylum Avenue
Hartford, CT 06105
Dear Mr. Rudewicz:
You have requested our advice regarding the State Marshal Commission's course of
action regarding auditing the records of a deceased marshal. You advised us in your
letter that the daughter of a deceased marshal inquired of your office as to whether or
not she could continue to collect on wage executions, which collection had apparently
been commenced by her deceased father but had not been completed at the time of his
death. You note in your letter that she was informed that she could not, that
executions must be collected by a state marshal.
You further noted that your office has attempted to locate the deceased marshal's
daughter for the purpose of recovering the marshal's records and accounts. These
materials are needed for the purpose of performing the audit required under the
provisions of Conn. Gen. Stat. § 6-38e. You have made efforts to locate the daughter
by certified mail but your correspondence was returned 'unclaimed. You now seek
our advice on what our further responsibilities are in relation to this audit.
For the reasons amplified below, it is our opinion that only a levying officer may
collect on wage executions and an audit and accounting of the deceased state marshal's
records and accounts is required. In this regard, the Commission must undertake
additional and more comprehensive efforts at locating the accounts and records of the
deceased state marshal.
Before turning to your specific question, it is necessary to correct what may be a
misunderstanding concerning who has the authority to collect wage executions. In your
letter you state, in part, that [wage] executions must be collected by a state marshal.
This statement is not literally accurate. Pursuant to relevant statutory provisions, [i]f a
judgment debtor fails to comply with an installment payment order, the judgment
creditor may apply to the court for a wage execution . . . . On receipt of the application,
a clerk of the Superior Court shall issue a wage execution against the judgment debtor,
directed to a levying officer, to enforce payment of the judgment. Conn. Gen. Stat. §§](ViewImageLocal?handle=hein.sag/sagct0024&div=1&collection=&method=preview&ext=.png&size=3)