Connecticut plaintiffs are free to negotiate with state marshals over fees charged for serving legal papers, Attorney General Richard Blumenthal ruled Monday in a decision that could have broad impact on the roughly $2 million collected by marshals every month.
Blumenthal said state statutes set maximum fees that marshals may charge for services, but said the law does not guarantee those fees or bar litigants from seeking a better deal.
He said he was reviewing his own office's practices with an eye toward saving money on marshal fees, and offered to help other state agencies that would like marshals to compete for work. The state paid at least $1.6 million to marshals last year, according to filings with the Office of State Ethics.
In the legal opinion, Blumenthal sided with the New Haven Board of Aldermen, which voted in April to solicit bids for the roughly 2,700 foreclosure suits, tax warrants and other papers the city pays to have served each year. Seven marshals submitted bids, offering various discounts off the maximum statutory fees. The city accepted the lowest bid, and offered work to the others if they agreed to match that discount.
But some marshals objected to the lower fees, and the State Marshal Commission asked Blumenthal to determine whether the city's actions were legal. Blumenthal said they were, and that freedom to negotiate extended beyond New Haven.
"This ruling should enable towns and cities to save taxpayer dollars on legal actions — using competitive bidding to lower litigation costs," Blumenthal said.
He also ruled that New Haven could legally require marshals doing business with the city to have at least $1 million in liability insurance coverage — more than the amount required by statute.
A message left for Herb Shepardson, chairman of the State Marshal Commission, was not returned.
State statutes specify that marshals delivering legal papers shall be paid "not more than thirty dollars for each process served" — language, Blumenthal wrote, that indicates a lower fee would still be legal. Other parts of the statute cite specific payment amounts for some services, from one dollar per page for copies to $20 for destroying seized liquor under a court order. At the same time, the state Marshal Commission is empowered to set minimum fees for various services, and yet another law says fees for marshals are to be "determined, subject to any minimum rate promulgated by the state, by agreement with an attorney, court or public agency."
Blumenthal said that overall, the statutes indicate that lawmakers intended to permit flexibility for marshal fees, so long as they were no higher than the maximum permitted by law.
"The legislature did not intend, therefore, to prohibit any entity from negotiating fees to be paid to state marshals for service of process work," Blumenthal wrote in the opinion. "To the contrary, state statutes specifically authorize individual agreements between state marshals and their customers, both public and private, regarding the fees to be paid."
Blumenthal said state statutes set maximum fees that marshals may charge for services, but said the law does not guarantee those fees or bar litigants from seeking a better deal.
He said he was reviewing his own office's practices with an eye toward saving money on marshal fees, and offered to help other state agencies that would like marshals to compete for work. The state paid at least $1.6 million to marshals last year, according to filings with the Office of State Ethics.
In the legal opinion, Blumenthal sided with the New Haven Board of Aldermen, which voted in April to solicit bids for the roughly 2,700 foreclosure suits, tax warrants and other papers the city pays to have served each year. Seven marshals submitted bids, offering various discounts off the maximum statutory fees. The city accepted the lowest bid, and offered work to the others if they agreed to match that discount.
But some marshals objected to the lower fees, and the State Marshal Commission asked Blumenthal to determine whether the city's actions were legal. Blumenthal said they were, and that freedom to negotiate extended beyond New Haven.
"This ruling should enable towns and cities to save taxpayer dollars on legal actions — using competitive bidding to lower litigation costs," Blumenthal said.
He also ruled that New Haven could legally require marshals doing business with the city to have at least $1 million in liability insurance coverage — more than the amount required by statute.
A message left for Herb Shepardson, chairman of the State Marshal Commission, was not returned.
State statutes specify that marshals delivering legal papers shall be paid "not more than thirty dollars for each process served" — language, Blumenthal wrote, that indicates a lower fee would still be legal. Other parts of the statute cite specific payment amounts for some services, from one dollar per page for copies to $20 for destroying seized liquor under a court order. At the same time, the state Marshal Commission is empowered to set minimum fees for various services, and yet another law says fees for marshals are to be "determined, subject to any minimum rate promulgated by the state, by agreement with an attorney, court or public agency."
Blumenthal said that overall, the statutes indicate that lawmakers intended to permit flexibility for marshal fees, so long as they were no higher than the maximum permitted by law.
"The legislature did not intend, therefore, to prohibit any entity from negotiating fees to be paid to state marshals for service of process work," Blumenthal wrote in the opinion. "To the contrary, state statutes specifically authorize individual agreements between state marshals and their customers, both public and private, regarding the fees to be paid."
wow. now, as i have said in previous posts - i have used sheriff/marshal services professionally for 25 years or so.
this smacks so bad of politics.....i am flabbergasted once again..........thank you mr. AG.
democractic and corrupt = city of new haven.
need say more?
DrHunterSThompson (10/13/2009, 9:48 PM )