Corsair Special Situations Fund, L.p. v. Engineered Framing Systems, Inc.

Summary

The court held that a state marshal earned the statutory 15 percent commission after properly serving an execution on a third party holding a judgment debtor's debt, even though the third party ignored the writ and payment occurred only after the creditor obtained a turnover order. The court construed the phrase requiring collection and payment of the money as not requiring those acts to be performed personally by the marshal. It reasoned that proper service constituted a constructive levy and that the subsequent court-ordered payment satisfied the statutory conditions for the commission.