reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278i. (Formerly Sec. 52-282). - Order for prejudgment remedy on set-off or counterclaim.

Any defendant in any civil action, upon filing a set-off or counterclaim containing a claim for money damages, may, at any time during the pendency of such action, apply in writing to the court before which such action is pending, or, when such court is not in session, to any judge thereof, for an order for a prejudgment remedy against the estate of the party or parties against whom such claim has been made. Such application shall be substantially in the form provided by subsection (b) of section 52-278c, adapted accordingly. A hearing on such motion shall be held in accordance with the provisions of section 52-278d, adapted accordingly, and if the court, upon consideration of the facts before it, finds that the defendant has shown probable cause to believe that judgment will be rendered in the matter in favor of the defendant, then the prejudgment remedy applied for shall be granted as requested or as modified by the court and the court shall issue such an order, directed to any proper officer, stating the amount and estate to be attached and the time of return, which order shall be served and returned in the same manner as an original writ of attachment, and when returned shall become a part of the files and records in the action. The estate attached shall be held to respond to the final judgment in the same manner as if it had been attached in an action originally brought for the recovery of the amount claimed in such set-off or counterclaim. The provisions of section 52-278e, except subdivision (1) of subsection (a) thereof, and sections 52-278f and 52-278g, adapted accordingly, shall apply to any application for a prejudgment remedy sought under this section.
(1949 Rev., S. 8070; 1959, P.A. 28, S. 180; P.A. 75-459, S. 1, 3; P.A. 82-472, S. 139, 183; P.A. 86-403, S. 102, 132; P.A. 93-431, S. 5, 10.)
History: 1959 act removed provisions granting justices of the peace same powers as those of court or judge under section; P.A. 75-459 applied provisions to prejudgment remedies rather than to attachments of property, adding provisions re form of application, hearing procedure and re applicability of Secs. 52-278e to 52-278g; Sec. 52-282 transferred to Sec. 52-278i in 1977; P.A. 82-472 made technical changes to internal section references; P.A. 86-403 made technical change; P.A. 93-431 provided that the prejudgment remedy shall be granted if the court finds the defendant has shown probable cause “to believe that judgment will be rendered in the matter in favor of the defendant” rather than “to sustain the validity of his claim” and made technical changes, effective January 1, 1994.
Cited. 141 C. 55; 152 C. 641; 188 C. 69; 226 C. 773.
Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278j. - Dismissal or withdrawal of prejudgment remedy.

(a) If an application for a prejudgment remedy is granted but the plaintiff, within thirty days thereof, does not serve and return to court the writ, summons and complaint for which the prejudgment remedy was allowed, the court shall dismiss the prejudgment remedy.
(b) If an application for a prejudgment remedy is denied and the plaintiff, within thirty days thereof, does not serve and return to court the writ of summons and complaint for which the prejudgment remedy was requested, or if a date for a hearing upon a prejudgment remedy is scheduled by the clerk and such hearing is not commenced within thirty days thereof, except as provided in section 52-278e, the court shall order the application to be considered as having been withdrawn.
(c) An application for a prejudgment remedy or a prejudgment remedy which is granted but not served may be withdrawn in the same manner as a civil cause of action.
(P.A. 76-21, S. 1–3; P.A. 78-36; P.A. 91-315, S. 3, 5.)
History: P.A. 78-36 allowed application to be considered as withdrawn if hearing date is scheduled and hearing is not commenced within 90 days of that date in Subsec. (b); P.A. 91-315 amended Subsecs. (a) and (b) to reduce the time period from 90 days to 30 days and to make the dismissal by the court in Subsec. (a) and the court's action in ordering the withdrawal of the application in Subsec. (b) mandatory rather than discretionary.
Cited. 186 C. 295; 188 C. 69.
Cited. 34 CA 303. Nothing in section implicates jurisdiction of the court to continue to hear a civil matter in which plaintiff has been granted a prejudgment remedy but failed to comply with Subsec. (a); rather the mandate in Subsec. (a) is best viewed as a sanction to prevent plaintiff from unduly encumbering assets of defendant by delaying initiation of the civil action in which the parties' dispute can be fully and fairly litigated. 156 CA 17. When plaintiff failed to serve defendant and return plaintiff's civil action to court within thirty days after the denial of his application for a prejudgment remedy, the only action required of the court was to consider the application, not the civil action, withdrawn. 163 CA 663. Requirements set forth in section are inapplicable to proceedings pursuant to Sec. 52-422. 204 CA 471.
Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278k. - Modification of prejudgment remedy.

The court may, upon any application for prejudgment remedy under section 52-278c, 52-278e, 52-278h or 52-278i, modify the prejudgment remedy requested as may be warranted by the circumstances. The court may, upon motion and after hearing, at any time modify or vacate any prejudgment remedy granted or issued under this chapter upon the presentation of evidence which would have justified such court in modifying or denying such prejudgment remedy under the standards applicable at an initial hearing.
(P.A. 76-401, S. 3, 7; P.A. 91-315, S. 4, 5.)
History: P.A. 91-315 authorized the court to modify or vacate any prejudgment remedy “issued under this chapter” using “the standards applicable” at an initial hearing, and made technical changes.
Cited. 180 C. 501; 181 C. 42; 188 C. 69; 218 C. 512; 219 C. 620; 223 C. 68; 238 C. 172.
Cited. 2 CA 388; 11 CA 289; 16 CA 700; 39 CA 149.
Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278l. - Appeal.

(a) An order (1) granting or denying a prejudgment remedy following a hearing under section 52-278d or (2) granting or denying a motion to dissolve or modify a prejudgment remedy under section 52-278e or (3) granting or denying a motion to preserve an existing prejudgment remedy under section 52-278g shall be deemed a final judgment for purposes of appeal.
(b) No such appeal shall be taken except within seven days of the rendering of the order from which the appeal is to be taken.
(c) No such order shall be stayed by the taking of an appeal except upon the order of the judge who made such order, and any such stay shall be granted only if the party taking the appeal posts a bond, with surety, in a sum determined by such judge to be sufficient to indemnify the adverse party for any damages which may accrue as a result of such stay.
(d) If a motion to discharge such prejudgment remedy is brought by the defendant, the property affected by such remedy may be restored to the use of the defendant, if the defendant posts a bond with surety in an amount determined by such judge to be sufficient to indemnify the plaintiff for any damages which may accrue by the defendant's continued use of such property, until such time as such motion is decided.
(P.A. 76-401, S. 4, 7.)
Cited. 181 C. 42. Implied power exists for trial court to grant extension of time within which to take an appeal. 182 C. 577. Cited. 184 C. 85; 186 C. 329; 188 C. 69; 192 C. 1; Id., 150; 213 C. 612; 218 C. 162; 220 C. 152; Id., 904; 222 C. 331; 223 C. 68; 224 C. 29; 226 C. 757; Id., 773; 229 C. 455; 230 C. 441; 232 C. 216; 233 C. 44; Id., 153; 235 C. 650; 236 C. 746; 237 C. 339; 240 C. 623. Court had jurisdiction to review defendant's claim that trial court improperly denied her motion to dismiss because claim necessarily encompassed issues presented by prejudgment remedy, which constitutes final judgment. 304 C. 546.
Cited. 1 CA 188; Id., 519; 2 CA 388; 6 CA 622; 10 CA 144; 11 CA 289; 21 CA 661. Does not apply to appeal of a temporary injunction. 25 CA 28. Cited. 28 CA 809; 29 CA 48; 34 CA 303; 36 CA 469; 39 CA 149; 41 CA 737; 45 CA 324. Appeal that was filed 9 months after order for a prejudgment remedy was granted is untimely. 53 CA 425.
Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278m. - When personal service not required.

Whenever a prejudgment remedy is sought under the provisions of sections 52-278h or 52-278i against a party who has previously filed a general appearance in such action, personal service of any application or order upon such party shall not be required, unless ordered by the court, but any such application or order may be served in the same manner as any motion in such action.
(P.A. 76-401, S. 5, 7.)
Cited. 188 C. 69.
This section and Sec. 52-278h control where present action has already been instituted. 54 CA 394.
Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278n. - Motion to disclose property. Order for disclosure. Substitution of surety.

(a) The court may, on motion of a party, order an appearing defendant to disclose property in which he has an interest or debts owing to him sufficient to satisfy a prejudgment remedy. The existence, location and extent of the defendant's interest in such property or debts shall be subject to disclosure. The form and terms of disclosure shall be determined by the court.
(b) A motion to disclose pursuant to this section may be made by attaching it to the application for a prejudgment remedy or may be made at any time after the filing of the application.
(c) The court may order disclosure at any time prior to final judgment after it has determined that the party filing the motion for disclosure has, pursuant to section 52-278d, 52-278e or 52-278i, probable cause sufficient for the granting of a prejudgment remedy.
(d) A defendant, in lieu of disclosing assets pursuant to subsection (a) of this section, may move the court for substitution either of a bond with surety substantially in compliance with sections 52-307 and 52-308, or of other sufficient security.
(e) Rules of court shall be enacted to carry out the foregoing provisions and may provide for reasonable sanctions to enforce orders issued pursuant to this section.
(P.A. 81-410, S. 1; P.A. 86-403, S. 86, 132; P.A. 93-431, S. 6, 10.)
History: P.A. 86-403 made technical change in Subsec. (c); P.A. 93-431 amended Subsec. (c) to replace “issuance of a prejudgment remedy” with “granting of a prejudgment remedy”, effective January 1, 1994.
Cited. 188 C. 69; 226 C. 773.
Cited. 19 CA 256; 29 CA 48.
Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-280. - Service of writ of attachment.

A writ of attachment shall be served by attaching the estate of the defendant, personal or real, or both. The officer serving the process shall leave with the person whose estate was attached, or at his usual place of abode, if within the state, a true and attested copy of the process and of the accompanying complaint, and of his return thereon, describing any estate attached.
(1949 Rev., S. 8023; P.A. 81-410, S. 8.)
History: P.A. 81-410 eliminated provision re service of body attachment.
Attachment of personal property must be consummated by taking possession, if practicable. 3 C. 65, 431; 4 C. 361; 7 C. 273; 8 C. 324; 14 C. 225; 28 C. 512; 40 C. 213; 107 C. 302. Interest of vendee under conditional sale not attachable; 40 C. 148. Goods subject to a lien may be attached. 16 C. 85. Interest of joint tenant or partner may be attached. 10 C. 37, 44; 14 C. 404; 18 C. 294. Equitable interests. 17 C. 283; 33 C. 379. Property of any or all of several defendants may be taken. 20 C. 486. Successive attachments on different writs. 9 C. 533; 11 C. 25; 20 C. 364; 36 C. 582; 107 C. 302. Body, if taken, may be released and property attached. 1 C. 259. If real estate of a nonresident is attached, his agent in charge of it must be served. 31 C. 396. An attachment of real estate gives no title to it; 5 D. 80; but may grant an equitable right to an injunction. 11 C. 60. Mortgagor's right of redemption is attachable. 43 C. 281. Service at place other than defendant's “usual abode” is nugatory. 44 C. 140. Harmless mistake in copy no ground for equitable relief. 48 C. 25. Attachment of land creates a lien only for the amount directed by the writ to be attached. 52 C. 17. Insufficient description of “estate attached.” 62 C. 21. Law must be strictly followed. 75 C. 107; Id., 656. Amendment of return. 65 C. 193; 84 C. 618; 85 C. 327. Failure to return makes attaching officer a trespasser. 72 C. 338. Liabilities for wrongful attachment. 68 C. 1; 70 C. 341; 75 C. 107; 77 C. 370; 90 C. 573. Validity determined as of time when made. 76 C. 133. Attaching creditor stands in shoes of debtor. 79 C. 290; Id., 570; 80 C. 389; 91 C. 571. Refusal to give officer property attached but gone from his possession not an obstruction of process. 74 C. 64. Right of officer with writ to break door of dwelling-house. 92 C. 388. Steps necessary for a valid attachment of personal property. 99 C. 376; Id., 591. Officer's receipt does not constitute lien on property attached; property not removed is open to attachment by another creditor even though he has notice of first attachment. 107 C. 302. Cited. 141 C. 407.
Cited. 6 CA 622.
Invalidity in the process of attachment does not make the entire action abatable. 11 CS 261. Cited. 16 CS 95; Id., 241.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-281. - Order for attachment on plaintiff's application during pendency of action.

Section 52-281 is repealed.
(1949 Rev., S. 8069; 1959, P.A. 28, S. 179; P.A. 76-401, S. 6, 7.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-283. - Certain attachments effective without removal of property.

Attachments of machinery, engines or implements, situated and used in any manufacturing or mechanical establishment, or of hay or unthreshed grain deposited in any building, or of any crop deposited in any building, or of brick in kilns, or of wood, sawed lumber, railroad ties or logs when gathered together in piles, which cannot, in the opinion of the officer levying upon the same, be moved without manifest injury, shall be effectual to hold the same without any removal thereof; provided the service of such attachment shall be completed and a copy of the process and of the accompanying complaint, with the officer's return endorsed thereon, particularly describing the property attached, shall be filed in the office of the town clerk of the town in which such property is situated and the office of the Secretary of the State, on a form provided by said Secretary of the State, within forty-eight hours after such attachment has been made; and when the levy has been upon any such hay, unthreshed grain, crops or brick, the officer shall also post a notice of his attachment on the outer door, or other conspicuous place, of the building in which such property is situated. Fees for the filing of such notice and procedures for such filing shall be established by the Secretary of the State.
(1949 Rev., S. 8028; March, 1958, P.A. 27, S. 68; 1971, P.A. 257, S. 1; P.A. 82-472, S. 164, 183.)
History: 1971 act required that copy of process be filed in office of secretary of the state, changed filing deadline from 24 to 48 hours after attachment made and added provision authorizing secretary of the state to establish fees and procedures for filing; P.A. 82-472 made a technical change.
See Sec. 53-130 re concealment or distribution of attached property.
Cited. 14 C. 226; 40 C. 222. Officer's return need not state why machinery was not moved. 62 C. 556. Equipment of stone-quarry; description of machinery; return need not state inability to move; posting notice where no door. 92 C. 11. What steps essential to make valid attachment of machinery. 99 C. 372. In attaching a cage of lions, officer must take them into his possession or place a keeper in charge; statute is not applicable. Id., 591. When personal property need not be removed by officer. 107 C. 302.
Cited. 3 CS 413; 4 CS 492; 11 CS 262. Exception to requirement that attached property be held in custody, discussed. 16 CS 95. Cited. 42 CS 206.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-283a. - Discharge of attachment.

Each person who has filed a notice of attachment as provided under section 52-283 shall, after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, within ten days after being requested in writing to do so by any person interested in having the attachment removed, sign and lodge, in the office of the Secretary of the State, a certificate, on a form provided by the Secretary of the State, that such attachment is removed, which, when recorded shall discharge such attachment. If he fails to comply with such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine. Fees for the filing of such certificates and procedures for such filing shall be established by the Secretary of the State.
(1971, P.A. 257, S. 2.)
Cited. 238 C. 172.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-286. - Attachment of leasehold interests.

Leasehold interests in real estate, oyster lots or beds, franchises issuing out of real estate, and any interest in buildings owned by one person on the land of another, may be attached in the same manner as real estate.
(1949 Rev., S. 8027.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-287. - Attachment of fixtures of telephone or electric distribution company or association.

The fixtures of every telephone or electric distribution company, or association engaged in distributing electricity by wires or similar conductors, including its wires, posts, crossbars, lamps, switchboards, piers and abutments, may be attached in the same manner and with the same legal effect as real estate in civil actions, by the officer lodging in the office of the Secretary of the State a certificate that he has made such attachment, which shall be endorsed by said secretary with a note of the precise time of its reception, and kept on file, open to public inspection, in said office. Such attachment, if completed as hereinafter provided, shall be considered as made when such certificate is so lodged. The certificate shall be signed by such officer, shall describe the termini of the line or lines and the location of the switchboards attached, with reasonable certainty, and shall specify the parties to the suit, the court to which the process is returnable and the amount of damages claimed; and such officer shall, within four days thereafter, leave in the office of said secretary a certified copy of the process under which the attachment was made, with an endorsement of his doings thereon; and unless the service is so completed, the property shall not be held against any other creditor or bona fide purchaser.
(1949 Rev., S. 8029; P.A. 14-134, S. 119.)
History: P.A. 14-134 deleted reference to telegraph company and replaced reference to electric light or power company with reference to electric distribution company, effective June 6, 2014.
See Sec. 52-380b re judgment liens on certain public utility property.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-288. - Attachment of railroad cars and motor vehicles.

Section 52-288 is repealed.
(1949 Rev., S. 8030; 1967, P.A. 879; 1969, P.A. 281; P.A. 76-401, S. 6, 7.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-289. - Attachment of corporate rights or shares.

Rights or shares in the stock of any corporation, together with the dividends and profits due and growing due thereon, may be attached and taken on execution. Such attachment shall be made by leaving a true and attested copy of the process and of the accompanying complaint, with the proper endorsement thereon of the officer serving the same, with the defendant or at his usual place of abode, if within the state, and with the secretary, clerk or cashier of such corporation or, if such corporation has no secretary, clerk or cashier or if he is absent from the state, then at the principal place in the state where such corporation transacts its business or exercises its corporate powers. When an officer with a writ of attachment applies to such secretary, clerk or cashier, for the purpose of attaching such rights or shares, the secretary, clerk or cashier shall furnish him with a certificate, under his hand, in his official capacity, specifying the number of rights or shares which the defendant holds in the stock of such corporation, with the encumbrances thereon, if any, and the amount of dividends thereon due, and upon the failure of any secretary, clerk or cashier to furnish such officer with such certificate, he shall be fined not more than two hundred dollars. Such rights or shares, together with the dividends and profits, shall be held to respond to the judgment which may be recovered in such action for sixty days after its rendition; but no attachment of shares of stock for which a certificate is outstanding shall be valid until such certificate is actually seized by the officer making the attachment, or is surrendered to the corporation which issued it.
(1949 Rev., S. 8031; 1959, P.A. 574, S. 5.)
History: 1959 act deleted provision which stated as possible condition for valid attachment that attachment of stock shares for which certificate is outstanding is not valid until “its transfer by the holder [is] enjoined”.
Absence of cashier. 17 C. 259. Equitable interests in stock can be taken. 33 C. 379. Equitable interest in stock of foreign corporation, held here as collateral, is not attachable. 53 C. 400. Proceedings to attach shares of stock owned by nonresident in corporation of this state. 84 C. 618. Provision concerning dividends. 242 U.S. 357. Effect of false statement as to amount of stock owned by defendant, made by secretary of corporation to officer; liability of corporation on grounds of estoppel. 100 C. 260.
Cited. 5 CS 388; 16 CS 95.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-290 and 52-291. - Attachment of property purchased on condition. Disclosure by vendor of claim on the property.

Sections 52-290 and 52-291 are repealed.
(1949 Rev., S. 8032, 8033; 1959, P.A. 28, S. 181; 133, S. 10-102.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-292. - Attachment in actions against voluntary associations and their members.

The property of a voluntary association, whether held by it or by trustees for its benefit, may be attached and held to respond to any judgment that may be recovered against it; but the individual property of its members shall not be liable to attachment or levy of execution in actions against such association to which such members are not parties. Any judgment obtained in a joint action against such association and its members shall be satisfied first from the personal property of such association, if the same is sufficient, and thereafter the property of any member of such association against whom judgment was rendered jointly with such association may be taken upon execution to satisfy the unpaid portion of such judgment. The attachment lien on the personal property of any member of such voluntary association against whom judgment is rendered in an action so brought shall not expire until two months from the completion of the levy issued upon the personal property of such association; and if real estate of any member has been attached in such action and judgment therein is rendered, the attachment lien thereon shall not expire until four months from the completion of the levy of the execution against the personal property of such association. Nothing herein contained shall be construed as prohibiting the plaintiff in any action of tort from satisfying such judgment out of the real estate of such association.
(1949 Rev., S. 8035.)
See Sec. 52-76 re actions by and against voluntary associations.
Creditor may sue association, or the individuals composing it; in the former case he can levy only on the property of the association. 55 C. 113.
Failure to return complaint for two and one-half years not diligent as required for application of statute. 50 CA 632.
Cited. 33 CS 730.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-293. - Sale of attached livestock and perishable property.

When any livestock, or other personal property in its nature perishable or liable to depreciation, or the custody and proper preservation of which would be difficult or expensive, is attached, either party to the suit may apply to any judge of the court to which such process is returnable for an order to sell the same, and thereupon, after such reasonable notice to the adverse party as such judge directs, and upon satisfactory proof that such sale is necessary and proper, and payment of the judge's fees by the party making such application, such judge may order such property to be sold by the officer who attached the same, or, in case of such officer's inability, by a state marshal, or any indifferent person requested in writing to do so by such attaching officer, at public auction, at such time and place, and upon such notice, as such judge deems reasonable; and such judge may, at such judge's discretion, order the officer making such sale to deposit the avails with the clerk of such court.
(1949 Rev., S. 8036; March, 1958, P.A. 27, S. 69; 1959, P.A. 28, S. 122; 152, S. 76; P.A. 00-99, S. 112, 154; P.A. 01-195, S. 60, 181.)
History: 1959 acts deleted enumeration of courts, etc. to which parties may apply, including town, city and borough courts and county commissioners, which were abolished, substituted statement application be made to court to which process is returnable, and deleted provision that order for deposit be subject to order of court having final jurisdiction of cause; P.A. 00-99 replaced reference to sheriff of the county or any deputy with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.
“Perishable” and “expensive” defined. 31 C. 495. Cited. 47 C. 577; 99 C. 591.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-294. - Procedure on sale of attached property.

When the plaintiff intends to make application for a sale pursuant to section 52-293, the property shall be appraised by three disinterested property owners of the town where it was taken, one of whom shall be appointed by the plaintiff, one of whom shall be appointed by the defendant, and one of whom shall be appointed by agreement of both the plaintiff and the defendant, provided, if they cannot agree in appointing the third appraiser or if either party neglects to appoint, the attaching officer shall apply to a judge of the superior court for the judicial district in which the property is located, who shall appoint one or more appraisers as the case may require. The appraisers or any two of them, being sworn, shall make a written estimate of the true value of the property, and deliver their appraisal to the attaching officer. A certificate of the appraisal, signed by at least two of them, shall be presented to the judge to whom the plaintiff applies for an order of sale. Before any order is made upon application of the plaintiff, he shall give bond with surety to the adverse party, to the acceptance of the judge, in double the amount of the value of the property, conditioned that he shall prosecute his action to effect and pay all damages which the adverse party may sustain by the sale of such property at less than its appraised value, with interest thereon.
(1949 Rev., S. 8037; 1959, P.A. 152, S. 77; P.A. 84-527, S. 13.)
History: 1959 act deleted reference to application made to county commissioner, county government being abolished; P.A. 84-527 replaced provision that appraisers are “to be chosen, appointed and sworn, and to make their return to the officer, in the same manner as appraisers of real estate taken by execution” with provisions specifying the manner of appointment and the procedure if the plaintiff and defendant cannot agree in appointing the third appraiser or if either party neglects to appoint and provided that “the appraisers or any two of them, being sworn, shall make a written estimate of the true value of the property, and deliver their appraisal to the attaching officer”.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-295. - Costs and expenses of appraisal.

The costs of the appraisal shall be paid by the officer and charged in his fees; and the expenses thus incurred by either party shall be taxed as part of the costs in the cause; and the officer who served such writ shall make return of what has been done in the premises to the court to which such writ is returnable.
(1949 Rev., S. 8038.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-296. - Disposition of avails of attachment sale.

If the suit upon which such property was attached is decided in favor of the defendant, the money accruing from the sale of such property shall be paid to him; but, if decided in favor of the plaintiff, such money, or so much thereof as will satisfy his claim, shall be paid to him; and, if the property attached has been subject to more than one attachment, the money shall be paid to the several attaching creditors, in the same order and proportion as the proceeds would have been payable in case of sale on execution; and the court which renders final judgment in the suit may make the necessary orders therefor.
(1949 Rev., S. 8039.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-297. - Avails of attachment sale may be attached.

After the money accruing from the sale of the property attached has been paid to the clerk of the court, any creditor may attach it by leaving a copy of his attachment, with an endorsement of the service thereon, with such clerk, and a like copy with the defendant, if within this state; in which case the sum which such creditor recovers shall be paid to him, under the order of the court, out of the surplus left after deducting all previous attachments, in the same manner as if he had attached such property before the sale.
(1949 Rev., S. 8040; 1959, P.A. 28, S. 182.)
History: 1959 act deleted references to payment to justice of the peace.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-298. - Defendant may take avails of sale on giving bond.

The defendant may, at any time during the pendency of the suit, take to his own use the money raised by such sale, upon giving bond to the plaintiff with surety to the satisfaction of the judge who ordered such sale, or of the court before which the action is pending, if then in session, to refund the same in the event of final judgment rendered against him, to be disposed of in satisfaction of such judgment as hereinbefore provided.
(1949 Rev., S. 8041; 1959, P.A. 28, S. 183.)
History: 1959 act deleted references to justice of the peace.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-299. - Attachment of partnership property for partner's debt.

When any action is brought to or is pending in the Superior Court, in which partnership property, or any interest therein, is attached to secure a claim against an individual partner only, any party to the action, or any member or members of such partnership, may file a complaint in the nature of a bill in equity in such court, which may, from time to time, make such order in the premises, either by granting an injunction, appointing a receiver, directing as to the disposition of the partnership property, the collection of the partnership debts and the application of the partnership funds, or otherwise, as to equity appertains.
(1949 Rev., S. 8071; P.A. 76-436, S. 405, 681.)
History: P.A. 76-436 removed actions in court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978.
Interest taken by such an attachment. 2 C. 516; 4 C. 542, 543; 10 C. 43; 13 C. 467; 14 C. 408; 21 C. 138. Cited. 58 C. 252; 68 C. 16. Provides a remedy for the attaching creditor to make his security available. 71 C. 706.
Cited. 21 CA 32.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-300. - Discontinuance of attachment proceedings; security.

Any court or judge before whom any proceedings relative to the attachment of partnership property in a suit against one of the partners may be pending may order the same to be discontinued, when security is given to the plaintiff in the original action, satisfactory to such court or judge, for the payment of the judgment that may be recovered in such original action, or for the application thereto of an amount not exceeding the debtor's interest in the whole partnership property.
(1949 Rev., S. 8072.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-301 to 52-303. - Statement of claim of plaintiff may be required on defendant's application. Discharge of excessive attachment; cost of proceeding.

Sections 52-301 to 52-303, inclusive, are repealed.
(1949 Rev., S. 8051–8053; 1953, S. 3198d, 3199d; 1957, P.A. 207; 1959, P.A. 28, S. 123; P.A. 74-183, S. 98, 291; P.A. 76-401, S. 6, 7; 76-436, S. 488, 681.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-304. - Dissolution of attachment by substitution of bond or lien.

When any estate is attached, or any debt or effects taken by process of foreign attachment, the defendant may apply in writing to the court in which such action may be pending, or any judge thereof, to dissolve the attachment lien upon the substitution of (a) a bond with surety or (b) a lien on any other property of the defendant which has an equal or greater net equity value than the amount secured by such attachment.
(1949 Rev., S. 8043; 1953, S. 3196d; 1961, P.A. 517, S. 44; 1971, P.A. 39, S. 1.)
History: 1961 act deleted obsolete provision for application to justice of the peace or municipal court when debt or damages do not exceed $300; 1971 act allowed dissolution of attachment lien upon substitution of lien on other property of equal or greater net equity value than amount secured by attachment.
Dissolution of attachment by substitution of a bond is a strict statutory proceeding. 58 C. 434. Cited. 72 C. 159. Effect where goods attached were held under conditional sale. 79 C. 572. Any common law bond may be used by consent; bond by two defendants conditioned on payment of any judgment “against them” covers judgment against one. 94 C. 91. Attachment as duress. 97 C. 131. Provisions of section are mandatory on court. 102 C. 315. Bond takes place of property; whatever destroys attachment destroys bond; in case of bond given to release foreign attachment, demand must be made on surety within 60 days after judgment. 104 C. 281. Burden is on defendant, in suit on attachment bond, to show value of property was less than amount of attachment. 109 C. 364. Cited. 136 C. 643; 145 C. 74. Dissolution of attachment governed by statute; no statute authorizes the release of an attachment because it is wrongful or unauthorized. 147 C. 233. Cited. 162 C. 32; 178 C. 250; 183 C. 85; 200 C. 406; 209 C. 15.
Cited. 1 CA 368. Provisions of statute are not discretionary; denial of the application for substitution after finding fair market value equaled or exceeded amount of original attachment held to be improper. 6 CA 350. Cited. 32 CA 118; 46 CA 399.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-305. - Form of application for dissolution.

The application may be in form substantially as follows:
To ...., a judge of the court for the ....:
The application of C.D. of ...., in the judicial district of ...., shows that he is defendant in a certain action demanding .... dollars, debt (or damages), wherein A.B. of .... is plaintiff; in which action, the following estate has been attached, to wit: .... by E.F. (insert the name of the officer), of .... and that he is desirous that said attachment should be dissolved upon the substitution of a bond with surety or upon the substitution of a lien on other property belonging to the defendant, according to the statute.
Dated at .... the .... day of ...., 20...
C.D.
(1949 Rev., S. 8044; 1961, P.A. 517, S. 45; 1971, P.A. 39, S. 2; P.A. 75-567, S. 32, 80; P.A. 78-280, S. 2, 127.)
History: 1961 act substituted circuit court for justice of the peace; 1971 act amended form to include reference to dissolution of attachment by substitution of lien on other property of defendant; P.A. 75-567 deleted reference to court for the circuit or county as the case may be, circuit court functions having been transferred to other courts by P.A. 74-183; P.A. 78-280 substituted “judicial district” for “county” where appearing; (Revisor's note: In 2001 the reference in this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
Cited. 137 C. 300; 209 C. 15.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-306. - Notice of application to dissolve attachment.

No attachment shall be dissolved until reasonable notice of the application, in writing, signed by the defendant or his attorney, has been served upon the plaintiff or his attorney and the officer serving the attachment; and such notice may be in form substantially as follows:
A.B.
{
To .... of .... and ....
of .... Civil action returnable to ....
Court, ...., 20...
vs.
C.D.
Take notice that the defendant will apply to ...., a judge of the .... court for the ...., at .... on the .... day of ...., 20.., at .... o'clock in the .... noon, to dissolve the attachment in this cause, upon the substitution of a bond with surety or upon the substitution of a lien on other property belonging to the defendant according to the statute.
Dated at .... the .... day of ...., 20...
C.D.
(1949 Rev., S. 8045; 1961, P.A. 517, S. 46; 1971, P.A. 39, S. 3; P.A. 75-567, S. 33, 80.)
History: 1961 act substituted circuit court for justice of the peace; 1971 act added reference to dissolution of attachment upon substitution of lien on other property belonging to defendant; P.A. 75-567 removed reference to court for the circuit or county as the case may be, circuit courts having been abolished in P.A. 74-183; (Revisor's note: In 2001 the references in this section to the date “19..” were changed editorially by the Revisors to “20..” to reflect the new millennium).
Effect of lack of notice to officer. 123 C. 377. Cited. 192 C. 10; 209 C. 15.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-307. - Amount of attachment bond or substitute lien; hearing as to sufficiency.

All persons interested may be heard in relation to the amount and sufficiency of the bond or the substitute lien offered by the defendant. Such amount shall equal the value of the estate which the process directed to be attached, unless the action is founded in tort for the recovery of unliquidated damages, and it appears to the authority to whom the application is made that the amount so required to be attached is excessive, in which case he may take a bond or substitute lien for such sum as he deems reasonable.
(1949 Rev., S. 8046; 1971, P.A. 39, S. 4.)
History: 1971 act added reference to substitute liens.
Cited. 130 C. 514; 178 C. 250; 200 C. 406; 209 C. 15.
Cited. 5 CA 142.
“And” following “damages” is intended to refer to unliquidated damages and to provide for a reduction if they are excessive. 12 CS 102.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-309. - Return of application, bond or certified copy of lien and proceedings.

The authority dissolving the attachment, if it is other than the court to which the writ is returnable, shall certify his doings upon the application, and forthwith return the application, bond or certified copy of the lien and other proceedings to the court to which the writ is returnable, where they shall be kept on file.
(1949 Rev., S. 8048; 1953, S. 3197d; 1971, P.A. 39, S. 5.)
History: 1971 act added reference to return of “certified copy of the lien”.
Defect in certificate. 74 C. 171. Failure of judge to perform clerical acts cannot invalidate judgment. 123 C. 382. Cited. 209 C. 15.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-310. - Certificate of dissolution of attachment.

The defendant, if the attachment dissolved is of real estate, may file with the town clerk of the town where the real estate is situated a certificate of such dissolution signed by the plaintiff of record or by his attorney of record or by the authority making the same; if the attachment is of shares in any corporation, he may leave a like certificate with the officer of the corporation with whom a copy of the attachment was left in service; and, if the attachment is of debts or effects in the hands of a garnishee, he may leave a like certificate with the garnishee; and no such corporation shall be held liable to the defendant for refusing to transfer the shares attached or to pay the dividends due thereon, and no such garnishee shall be held liable to the defendant for refusing to pay the debt or to return the effects attached in his hands, until such certificate has been so left.
(1949 Rev., S. 8049.)
Cited. 123 C. 382; 209 C. 15.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-311. - Attachment; new bond or lien may be required.

The court before which any action may be pending, in which such a bond or substitute lien has been given, shall, on application of either party and notice to the other, order that a new bond of a licensed surety company or some responsible inhabitant of this state or a new lien be substituted in lieu and discharge of the original one; and, if such order is made on application of the plaintiff, shall render judgment in his favor by default, if such substitution is not made within such time as the court may appoint.
(1949 Rev., S. 8050; 1971, P.A. 39, S. 6.)
History: 1971 act added reference to substitute liens.
Cited. 209 C. 15.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-312 to 52-320. - Discharge from arrest on mesne process. Bail when person arrested on civil process. Special bail required in order to plead. Taking of bail after term or session of court. Liability of surety on bail bond. Actions on bail bond. Assignment of bail bond. Rights of surety. Recognizance of surety in absence of principal.

Sections 52-312 to 52-320, inclusive, are repealed.
(1949 Rev., S. 8042; 8061–8068; 1961, P.A. 289; 1963, P.A. 642, S. 54; 1967, P.A. 656, S. 42–44; 1969, P.A. 512; P.A. 74-183, S. 99, 291; P.A. 76-436, S. 489, 681; P.A. 81-410, S. 14.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-322. - Certificate of plaintiff dissolving attachment and removing lien upon happening of certain events or attachment becoming ineffective.

When the estate of any person has been attached in any proceeding wherein a certificate of such attachment or a copy of the writ or proceeding is required by law to be filed in the office of the town clerk, and the plaintiff therein has received satisfaction for the plaintiff's claim, or final judgment has been rendered against the plaintiff thereon, or when for any reason such attachment has become of no effect, such plaintiff or the plaintiff's attorney, at the request of any person interested in the estate attached or in having the attachment lien removed, shall file a certificate with such town clerk that such attachment is dissolved and such lien removed. Each such certificate shall be recorded by such town clerk in the land records of the town wherein the property affected by the release is located or wherein the certificate of attachment was filed.
(1949 Rev., S. 8054; P.A. 09-213, S. 9.)
History: P.A. 09-213 replaced requirement that certificate be recorded “at length in a book kept for that purpose by such clerk as a part of the land records” with requirement that certificate be recorded “by such town clerk in the land records”, replaced “lodge” with “file” and made technical changes.
When release of lis pendens inequitable. 162 C. 26. Cited. 180 C. 501; 209 C. 15.
Cited. 36 CA 206.
Cited. 4 Conn. Cir. Ct. 14; 6 Conn. Cir. Ct. 456.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-324. - Certificate of court clerk upon happening of certain events or attachment becoming ineffective.

If an attachment, such as is set forth in section 52-322, has been made and the plaintiff has withdrawn the plaintiff's suit or has been nonsuited or final judgment has been rendered against the plaintiff, or if such suit has not been returned, or if for any reason such attachment has become of no effect, the clerk of the court to which such suit has been made returnable shall, upon the request of any person interested, issue a certificate in accordance with the facts, which certificate may be filed in the office of the town clerk, and such town clerk shall record such certificate in the land records.
(1949 Rev., S. 8056; 1959, P.A. 28, S. 184; P.A. 09-213, S. 10.)
History: 1959 act deleted reference to suits returnable to justices of the peace; P.A. 09-213 replaced requirement that certificate “shall by such town clerk be noted on the margin of the record where such attachment is recorded” with requirement that “such town clerk shall record such certificate in the land records” and made technical changes.
Certificate of dissolution denied since one count of complaint remained to be litigated. 146 C. 739. When release of lis pendens inequitable. 162 C. 26. Cited. 180 C. 501; 209 C. 15.
Cited. 36 CA 206.
Cited. 4 Conn. Cir. Ct. 14; 6 Conn. Cir. Ct. 456.