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recovering preference payment from sheriff

Posted: Fri Mar 07, 2014 10:37 am
by Yahoo Bot

Sheriff garnished wages pursuant to wage garnishment within preference
period and refuses to turn over funds without court order.
Preparing a complaint to recover the funds naming the sheriff as a
defendant (creditor is also defendant).
Is service upon a deputy sheriff sufficient? Or does the sheriff himself
have to be served?
Thank you,
Kirk Brennan
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Sheriff garnished wages pursuant to wage garnishment within preference period and refuses to turn over funds without court order.Preparing a complaint to recover the funds naming the sheriff as a defendant (creditor is also defendant).
Is service upon a deputy sheriff sufficient? Or does the sheriff himself have to be served?Thank you,-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

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