OLR Bill Analysis

sHB 5526

AN ACT CONCERNING THE PAYMENT OF A REASONABLE FEE TO AN OFFICER OR PERSON WHO RECORDS A DOCUMENT IN THE OFFICE OF A TOWN CLERK AND SERVICE OF PROCESS OF A WAGE EXECUTION.

SUMMARY:

This bill expands the duties for which state marshals, or other persons who carry out such duties, are allowed to collect fees. Under existing law, they are allowed to collect fees for specified duties. For example, they can collect a fee for travel ($20 and costs) for recording an execution levied on real property. The bill allows them to collect a reasonable fee for any recording (e.g., lis pendens) for which a recording fee is not otherwise prescribed by law. “Lis pendens” is a written notice that a lawsuit has been filed that concerns the title to or interest in a real property; it is recorded on the land records of the municipality where the real property is located.

The bill also provides for the proper service of process of a wage execution in a case involving an employer whose address is not within a levying officer's appointed jurisdiction. In such a case, the bill allows the officer to serve process or other notice by mail to an address designated by the employer. Under current law, the officer may only serve process by mail to an address within the officer's appointed jurisdiction.

By law, a “levying officer” is a state marshal, constable, or, in certain child support-related cases, any investigator employed by the social services commissioner (CGS 52-350a(12)).

EFFECTIVE DATE: October 1, 2016

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute

Yea

45

Nay

0

(03/30/2016)