reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-362c. - Voluntary wage deduction authorization for support.

A voluntary wage deduction authorization for payment of amounts due for support shall have the same force and effect as a wage withholding order issued under section 52-362 and all payments under such authorization shall be made to the state disbursement unit established and maintained by the Commissioner of Social Services in accordance with subsection (j) of section 17b-179. A voluntary wage deduction authorization under this section shall have the same priority over execution issued under section 52-361a as is provided for wage withholding issued under section 52-362.
(1972, P.A. 214; P.A. 74-183, S. 101, 291; P.A. 76-436, S. 490, 681; P.A. 82-472, S. 141, 183; P.A. 83-581, S. 36, 40; P.A. 89-195, S. 4; 89-360, S. 16, 45; P.A. 90-213, S. 39, 56; P.A. 93-396, S. 9; P.A. 99-193, S. 13.)
History: P.A. 74-183 replaced circuit court with court of common pleas and “circuit” with “county or judicial district”, effective December 31, 1974; P.A. 76-436 removed specific references to court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-472 deleted obsolete reference to filing of orders in counties; P.A. 83-581 replaced a reference to “section 52-361” with “section 52-361a”; P.A. 89-195 and P.A. 89-360 applied provisions to authorizations signed by family support magistrates; P.A. 90-213 changed office to which payments are to be made from the family relations office to the bureau of collection services and changed the name of the family relations office to the support enforcement division; P.A. 93-396 removed provisions concerning circumstances under which voluntary wage execution was allowed to take effect and substituted references to withholdings for references to executions; P.A. 99-193 deleted provision re authorization signed by a judge or family support magistrate of the court, deleted provision re payments payable to the bureau of collection services and added provision re payments made to the state disbursement unit established and maintained by the Commissioner of Social Services.
Cited. 234 C. 194.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-362g. - Notice by IV-D agency for collection of current or past due child support payments.

Any written notice sent by or on behalf of the IV-D agency for the purpose of collection of current or past due child support payments shall, if such notice contains possible sanctions for failure to make payments, describe the obligor's right to (1) move for modification of the court order, (2) a hearing prior to imposition of any sanctions and (3) appointment of counsel prior to incarceration for contempt if the obligor is indigent.
(P.A. 91-391, S. 12.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-362h. - Defense re withholding support arrearage from federal and state income tax refunds.

For the purpose only of submission to the Internal Revenue Service for the withholding from federal income tax refunds or submission to the Commissioner of Administrative Services for the withholding from state income tax refunds, beginning with the tax year 1992, past-due support for a minor child shall not be considered owing to the state if the person against whom such withholding is sought at the time of the withholding (1) is the legal guardian of the minor child and resides with the child or (2) is not the legal guardian of the minor child but has resided with the child either for six months immediately preceding the withholding or for at least six months of the tax year in question. Any notice given to an obligor shall inform him of the circumstances in which a submission for such withholding from a federal or state tax refund shall not be made and shall permit the obligor to obtain a hearing at which he may attempt to demonstrate the existence of such circumstances.
(P.A. 91-391, S. 13; P.A. 92-253, S. 6.)
History: P.A. 92-253 added phrase “or submission to the commissioner of administrative services for the withholding from state income tax refunds”.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-362i. - Court may require cash deposit of support to be held by Office of Child Support Services or Support Enforcement Services.

If the court or family support magistrate finds that (1) an obligor is delinquent on payment of child support, and (2) future support payments are in jeopardy, or (3) the obligor has exhibited or expressed an intention not to pay any such support, the court or family support magistrate may order the obligor to provide a cash deposit not to exceed the amount of four times the current monthly support and arrearage obligation, to be held in escrow by the Office of Child Support Services or Support Enforcement Services. Any funds from such cash deposit may be disbursed by the Office of Child Support Services or Support Enforcement Services to the custodial parent upon a determination by said office or Support Enforcement Services that the obligor has failed to pay the full amount of the monthly support obligation. Payment shall be in an amount that, when combined with the obligor's payment, would not exceed the monthly support obligation. Payment from such cash deposit shall not preclude a finding of delinquency during the period of time in which the obligor failed to pay current support.
(P.A. 93-329, S. 6; P.A. 01-91, S. 26; P.A. 11-214, S. 33; P.A. 16-13, S. 23.)
History: P.A. 01-91 added references to Support Enforcement Services and made a technical change; P.A. 11-214 substituted “Bureau of Child Support Enforcement” for “Connecticut Child Support Enforcement Bureau”; P.A. 16-13 replaced “Bureau of Child Support Enforcement” with “Office of Child Support Services” and made a conforming change, effective May 6, 2016.
Cited. 234 C. 194.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-362j. - “Past-due support”, “overdue support”, defined.

For the purposes of sections 52-362d, 52-362e, 52-362g, and 52-362h:
(1) “Past-due support” means any one or a combination of the following: (A) Court-ordered current support or arrearage payments which have become due and payable and remain unpaid; (B) unpaid support which has been reduced to a judgment or otherwise found to be due by a court of competent jurisdiction, whether or not presently payable; (C) support due for periods prior to an action to establish a child support order.
(2) “Overdue support” means a delinquency accruing after the entry of an initial court order establishing a child support obligation.
(June 18 Sp. Sess. P.A. 97-7, S. 31, 38; P.A. 03-258, S. 5.)
History: June 18 Sp. Sess. P.A. 97-7 effective July 1, 1997; P.A. 03-258 amended Subdiv. (1) defining “past-due support” by deleting “, provided such amounts are based upon the obligor's ability to pay during the prior periods if known or, if not known, on the obligor's current ability to pay if known, or, if not known, upon assistance rendered to the obligor's child” in Subpara. (C).
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-363. - Levy on machinery, implements and crops. Removal.

Section 52-363 is repealed.
(1949 Rev., S. 8106; March, 1958, P.A. 27, S. 72; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-364. - Levy against partnership.

No execution upon a judgment rendered against copartners shall be levied upon any other than the partnership property or the individual property of such defendants as are particularly named in the complaint.
(1949 Rev., S. 8107.)
Cited. 21 C. 60; 192 C. 497.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-365. - Demand on execution against voluntary association.

Demand on execution, upon a judgment rendered against a voluntary association, may be made on its presiding officer, secretary or treasurer.
(1949 Rev., S. 8108.)
See Sec. 52-57 (e) re service of process against presiding officer, secretary or treasurer of voluntary association.
Cited. 70 C. 637.
Cited. 42 CS 336.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-366 and 52-367. - Levy of execution against oyster-bed association. Levy on corporate stock.

Sections 52-366 and 52-367 are repealed.
(1949 Rev., S. 8109, 8110; 1959, P.A. 574, S. 6; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-367c. - Execution against lottery and pari-mutuel winnings.

(a) Notwithstanding any other provision of the general statutes, on application of a judgment creditor or his attorney, stating that a judgment remains unsatisfied and the amount due thereon, and subject to the expiration of any stay of enforcement and expiration of any right of appeal, the clerk of the court in which the money judgment was rendered shall issue an execution against any winnings of the judgment debtor pursuant to chapter 226 or 229a, as the case may be. The execution shall be directed to (1) the State Comptroller who shall withhold any order of the State Treasurer, or (2) the president of the Connecticut Lottery Corporation, as the case may be, for payment due from winnings pursuant to chapter 226 or 229a to such judgment debtor until the judgment is satisfied.
(b) The Connecticut Lottery Corporation may establish a reasonable fee for any administrative expenses associated with executions made pursuant to subsection (a) of this section, including the cost to the Connecticut Lottery Corporation of any fee that may be imposed by the clerk of the court. The amount of the fee shall reflect the direct and indirect costs of processing the executions by said corporation.
(P.A. 98-137, S. 55, 56, 62; 98-219, S. 33, 34.)
History: P.A. 98-219 changed the effective date of P.A. 98-137 from October 1, 1998, to July 1, 1998, effective July 1, 1998.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-368 to 52-380. - Levy on: Interest of one railroad in property of another railroad; body execution; body for want of bail; real estate; real estate of voluntary association. Return and record of levy on real estate. Levy on: Equity in real and personal estate; lands in different towns. Appointment of appraisers when town is interested. Levy on equity of redemption in different towns. Charge of illegal fees not to vitiate levy. Levy on: Oyster beds; leases and franchises.

Sections 52-368 to 52-380, inclusive, are repealed.
(1949 Rev., S. 8111–8113, 8115–8124; 1959, P.A. 28, S. 187; 1961, P.A. 517, S. 47; 1967, P.A. 656, S. 45, 46; P.A. 74-183, S. 102, 103, 291; P.A. 76-436, S. 491, 492, 681; P.A. 78-280, S. 1, 127; P.A. 81-410, S. 14; P.A. 82-472, S. 142, 183; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-380b. (Formerly Sec. 49-54). - Judgment lien on property of telephone or electric distribution company or association.

Any property of any telephone or electric distribution company, or association engaged in distributing electricity by wires or similar conductors, attached or liable to attachment under the provisions of section 52-287, may be subjected to a lien by any person holding the legal title to an unsatisfied judgment, whether by assignment or otherwise, against the company or association, provided the creditor shall file a certificate in writing in the office of the Secretary of the State in the form provided in section 52-380a. If the lien is placed upon the property attached in the suit upon which the judgment was predicated and within four months after the judgment was rendered, it shall hold from the date of the attachment. Any such lien may be foreclosed or redeemed in the same manner as mortgages upon real property.
(1949 Rev., S. 7233; P.A. 79-602, S. 104; P.A. 83-581, S. 32, 40; P.A. 98-28, S. 113, 117; P.A. 14-134, S. 43.)
History: P.A. 79-602 substituted “the” for “such” where appearing; P.A. 83-581 replaced a reference to “section 49-44” with “section 52-380a” and replaced “real estate” with “real property”; Sec. 49-54 transferred to Sec. 52-380b in 1985; P.A. 98-28 added electric distribution companies and deleted reference to “light or power” companies, effective July 1, 1998; P.A. 14-134 deleted references to telegraph company and electric company, effective June 6, 2014.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-380c. (Formerly Sec. 49-40b). - Judgment liens expired by limitation of time.

Any judgment lien which has expired for failure to comply with the time limitations of section 52-380a is automatically extinguished and the continued existence of the lien unreleased of record in no way affects the record owner's title nor the marketability of the same.
(P.A. 79-602, S. 108; P.A. 83-581, S. 31, 40.)
History: P.A. 83-581 replaced reference to “section 49-46” with “section 52-380a”; Sec. 49-40b transferred to Sec. 52-380c in 1985.
Cited. 238 C. 172.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-380e. - Discharge of judgment lien on substitution of bond or lien on other property.

When a lien is placed on any real or personal property pursuant to section 52-355a or 52-380a, the judgment debtor may apply to the court to discharge the lien on substitution of (1) a bond with surety or (2) a lien on any other property of the judgment debtor which has an equal or greater net equity value than the amount secured by the lien. The court shall order such a discharge on notice to all interested parties and a determination after hearing of the sufficiency of the substitution. The judgment creditor shall release any lien so discharged by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor.
(P.A. 83-581, S. 16, 40.)
Cited. 37 CA 764.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-380f. (Formerly Sec. 49-50). - Discharge of judgment lien from property not needed to secure judgment.

Any person interested, as a subsequent encumbrancer or otherwise, in any real or personal property covered by a judgment lien may apply to the court for discharge of the lien as to a portion of the property, alleging that the lien covers more than sufficient property to reasonably secure the judgment. The court may, on notice to all interested parties and on proof of such allegation, discharge from the lien any of the property which is not needed for the reasonable security of the judgment debt. The judgment creditor shall release any property so discharged by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor.
(1949 Rev., S. 7231; P.A. 79-602, S. 107; P.A. 83-581, S. 17, 40.)
History: P.A. 79-602 rephrased section and deleted provision whereby jurisdiction of court is determined by the amount of the judgment debt as stated in certificate of lien; P.A. 83-581 replaced “real estate” with “real or personal property”, replaced the provision that a person may “bring a complaint” with “apply to the court for discharge of the lien as to a portion of the property”, required “notice to all interested parties” prior to discharge and added provision that the judgment creditor shall release any property discharged by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor; Sec. 49-50 transferred to Sec. 52-380f in 1985.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-380g. - Release of judgment lien on satisfaction of judgment.

On satisfaction of a judgment, the judgment creditor shall release any judgment liens of record based thereon by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor and to any other interested person requesting a release. If, on the written request of any interested person, the judgment creditor fails within ten days to so release a lien, the judgment creditor shall be liable to the aggrieved person pursuant to section 49-51 for any damages resulting therefrom, such damages not to exceed one-half the amount of the lien.
(P.A. 83-581, S. 19, 40.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-380h. (Formerly Sec. 49-47). - Form of judgment lien foreclosure certificates.

Certificates of foreclosure of judgment liens shall be, as far as possible, of the same form as is prescribed for certificates of foreclosure of mortgages.
(1949 Rev., S. 7228; P.A. 79-602, S. 106.)
History: P.A. 79-602 deleted certificates of foreclosure of mechanics' liens from purview of section; Sec. 49-47 transferred to Sec. 52-380h in 1985.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-380i. (Formerly Sec. 49-48). - Foreclosure of lien when plaintiff holds mortgage.

Upon proceedings for the foreclosure of any judgment lien, when the judgment creditor holds a mortgage upon real estate in this state as security for the debt, or any part of it, that has gone into the judgment, which mortgage is a first charge upon the property mortgaged, the court shall, upon the motion of the judgment debtor or any later encumbrancer on the property covered by the judgment lien, order such mortgaged property to be first applied to the debt secured by it, at its cash value, to be ascertained by the court; and a foreclosure of the judgment lien shall be granted only as to the portion of such judgment that remains unsatisfied.
(1949 Rev., S. 7229.)
History: Sec. 49-48 transferred to Sec. 52-380i in 1985.
Annotations to former section 49-48:
Unpaid taxes not a “first charge” within meaning of statute. 112 C. 652. Cited. 120 C. 671. Where plaintiff brought action to recover principal and interest of notes secured by mortgage but did not seek to foreclose, section did not apply and contention of defendants that cash value of mortgaged premises must be determined by court and applied to amount of indebtedness was without merit. 157 C. 44. Cited. 185 C. 579.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-382. - Levy on nonresident garnishee.

In an action by foreign attachment in which the garnishee is described as a nonresident and service has been made upon his agent transacting business in his behalf in this state, the plaintiff, on taking out an execution, may direct the officer serving the same to make demand of such agent or of such garnishee for the effects of the defendant in such agent's hands at the time of the attachment and for the payment of any debt then due from such garnishee to the defendant, and the person upon whom such demand is made shall produce or pay the same, to be taken and applied on such execution. If such agent of such garnishee has disposed of the effects of the principal which were in his hands when the copy of the writ was left with him or does not expose them to be taken on the execution or does not pay the officer, when demanded, the debt due the defendant at the time the copy of the writ was left with him, such judgment may be satisfied out of the estate of such garnishee which he may own in this state, as his proper debt, if the effects or debt is of sufficient value or amount, if not, then to the value of such effects or to the amount of such debt; and a scire facias may be taken out from the court where the judgment was rendered, as in other cases, on which the estate of the garnishee may be attached, and which shall be served on the agent of such garnishee, requiring such garnishee to appear personally or by his agent, before such court, and show cause, if any, to the contrary. The plaintiff may require the defendant, who shall have the right, by himself or his agent, to disclose on oath whether he has any of the goods of the debtor in his hands, or in the hands of such agent, or whether he is indebted to him; and the parties may introduce any other proper testimony respecting such facts. If it is found that the defendant has the effects of such debtor in the hands of his agent or is indebted to him or if he makes default of appearance or refuses to disclose on oath, judgment may be rendered against him, as for his own debt, to be paid out of his own estate, with costs, and execution shall be granted accordingly. If it appears on the trial that the effects are of less value, or the debt of less amount, than the judgment recovered against the debtor, judgment shall be rendered to the value of the goods or to the amount of the debt; and, if it appears that the defendant has no effects of such agent or is not indebted to him, he shall recover costs.
(1949 Rev., S. 8126.)
Cited. 121 C. 315; 153 C. 588.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-383. - Levy when garnishee has left the state.

When the garnishee in any action of foreign attachment has removed from this state prior to the issuing of the execution in such action, so that no demand can be made of him in person by the officer serving the same, the clerk of the court issuing such execution shall, at the request of the creditor or his attorney, endorse thereon an order signed by such clerk, requiring the officer to whom such execution is directed to make such demand by letter forwarded by mail, postage paid, addressed to such garnishee, or in such other manner as such clerk directs; and such demand, when so made, shall be as effectual as if made of the garnishee personally; but if such garnishee has lodged with the clerk of such court a written notice, under his hand, of the appointment of an agent or attorney on whom such demand may be made, such officer shall make the like demand of such agent or attorney, if within his precincts, and make return thereof on such execution.
(1949 Rev., S. 8127.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-384. - Scire facias against garnishee who has left state.

If, after demand made as provided in section 52-383, a writ of scire facias is issued against such garnishee, and he still remains without this state, service of such writ shall be made in such manner as the judge or clerk of the court rendering judgment in the original suit, by a written order thereon by him subscribed, directs, and by leaving with his agent or attorney, if any has been appointed by him in the manner provided in section 52-383, a true and attested copy of the writ; and process so issued and served shall be as effectual against such garnishee as if served upon him personally.
(1949 Rev., S. 8128.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-386. - Stay of execution when debt is not payable.

When it appears on the hearing of any scire facias, founded on a foreign attachment, that the debt due the principal is not yet payable, the court shall direct the execution to be stayed until the time the debt would have become payable; and when the debt was not payable at the time the demand was made on the execution, the court shall allow the garnishee his reasonable costs for defending against such scire facias, to be deducted out of the debt so due.
(1949 Rev., S. 8130.)
Cited. 120 C. 270.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-387. - Scire facias; defense by assignee or claimant.

When a scire facias is brought to recover a debt or effects taken by a foreign attachment, if any person or persons, either jointly or severally, claim such debt as assignee or assignees thereof, or such effects as owner or owners thereof, the defendant in such scire facias, having notice or knowledge of such assignment, ownership or claim, may give notice in writing, signed by proper authority and duly served, to such claimant or claimants, or his or their attorney, that such scire facias is pending, and that he or they may appear, if they see cause, and defend against it; which notice, when the claimant or claimants reside out of the state, shall be given in such time and manner as the court, before which such action is pending, directs; and thereupon, unless such claimant or claimants, within such time as such court may direct, give to such defendant sufficient security, to the approval of the court, to indemnify him against all costs, he may suffer judgment to be given against him on such scire facias, which shall be a bar to the claim of the assignee or assignees of the debt, or the owner or owners of the effects, against him for the same. If such assignee or assignees or owner or owners give such security and make effectual defense against the scire facias, he or they shall be entitled to the costs recovered against the plaintiff; but if he or they fail to make an effectual defense, the judgment rendered on the scire facias against the defendant shall be a bar to any claim against him by them for such debt or effects. If, after such security has been given, the defendant, on due notice given him, neglects to appear and disclose on oath, if required, on the trial of such scire facias, or, if a commission is issued, neglects to make disclosure before the commissioners, he shall take no benefit by the provisions of this section, nor of such security.
(1949 Rev., S. 8131.)
Cited. 48 C. 413. Interpleader will not lie for successive garnishments. 94 C. 194. Premature bringing of scire facias; successive garnishments of same debt. 99 C. 676. Cited. 121 C. 315. Ordinarily, garnishees cannot maintain actions of interpleader as they are protected under provisions of section. 146 C. 37.
Scire facias proceeding discussed. 1 CA 291.
Cited. 10 CS 345.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-388. - Commission to take disclosure of garnishee.

The court before which any scire facias is pending may issue a commission to take the disclosure of the defendant on oath, when, on account of his living or being about to go out of the state, or being unable to travel through age or infirmity, the court judges it to be reasonable.
(1949 Rev., S. 8132.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-389. - Attachment lien on debt due from solvent estate.

When any debt due or which may become due from the estate of a deceased person which is settled as a solvent estate is attached, the lien created by such attachment shall not continue unless demand is made of the garnishee upon the execution within sixty days after the rendition of the judgment, or within sixty days after the expiration of the time limited for the defendant to present his claim against the estate.
(1949 Rev., S. 8133.)
Cited. 50 C. 526.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-390. - Execution; demand for legacy or distributive share.

When any legacy or distributive share due or which may become due from the estate of a deceased person is attached, the attachment shall not continue unless demand is made of the garnishee upon the execution within sixty days after the rendition of the judgment, or within sixty days after the time when, if such attachment had not been made, it would have become the duty of the executor or administrator, in the settlement of the estate, to deliver to the defendant the legacy or distributive share to which he is entitled.
(1949 Rev., S. 8134.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-391. - Execution; demand for debt due from insolvent estate.

When any debt due or which may become due from the estate of a deceased person which is settled as an insolvent estate, or from the estate of any insolvent debtor, is attached, the attachment lien shall not continue unless demand is made of the garnishee upon the execution within sixty days after the rendition of the judgment, or within sixty days after the report of the commissioners allowing the claim of the defendant has been returned to and accepted by the Court of Probate; or, if an appeal has been allowed on such claim, within sixty days after the final allowance of such claim.
(1949 Rev., S. 8135.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-392. - Execution; payment by executor, administrator or trustee.

When demand is made of the garnishee upon the execution, in any of the cases mentioned in sections 52-389, 52-390 and 52-391, within the periods therein specified, the garnishee may pay the debt, or deliver the legacy or distributive share, so attached, to the officer making the demand, to be applied on such execution; and if, at the time of such payment or delivery, the garnishee would have been required by law to make such payment or delivery to the defendant, if there had been no attachment, or would have been justified in so doing, he shall be credited for such payment or delivery to the officer, in his administration account.
(1949 Rev., S. 8136.)
Cited. 91 C. 447.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-393. - Scire facias against executor, administrator or trustee.

If, upon demand so made, the garnishee neglects or refuses to make such payment or delivery, the plaintiff in the foreign attachment may maintain a scire facias against him as executor, administrator or trustee, as aforesaid. If the plaintiff recovers judgment, no execution shall be issued, but the defendant may pay upon the same the whole, or so much of the moneys or of the value of the effects attached, and for which he would otherwise have been liable to the original defendant, as may be necessary to satisfy the judgment; which payment shall be credited to such executor, administrator or trustee in his administration account; but he shall not be credited with the costs recovered on such scire facias, unless the Court of Probate is of the opinion that he was justified in incurring the same. If he does not so pay such judgment, so much of the same, including interest thereon from the date when such judgment was rendered, as does not exceed the whole of the moneys or of the value of the effects attached, and for which he would otherwise have been liable to the original defendant, and no more, may be recovered by the attaching creditor in an action on the probate bond, and not otherwise.
(1949 Rev., S. 8137.)
Cited. 47 C. 1. Scire facias does not lie until legacy is due. 67 C. 81. Cited. 91 C. 447. Definition of “spendthrift trust” and conditions required for its existence. 95 C. 221; 107 C. 13; 108 C. 425.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-394 to 52-396. - Officer to give items of fees to execution debtor. Completion of levy by officer not reelected or reappointed. Satisfaction of judgment to be entered on record.

Sections 52-394 to 52-396, inclusive, are repealed.
(1949 Rev., S. 8138–8140; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-397. - Examination of judgment debtor.

Any judgment debtor, an execution against whom has been returned unsatisfied in whole or in part or who has failed to respond within thirty days to any postjudgment interrogatories served pursuant to section 52-351b, may be examined on oath, in the court location where the judgment was rendered, concerning his property and means of paying such judgment, before any judge of the Superior Court or before a committee appointed by such judge. Such examination shall be on questions put by the judgment creditor or his attorney, and may be ordered, on the application of the judgment creditor on a form prescribed by the Office of the Chief Court Administrator, (1) by any such judge, to be had before himself or some other such judge or such a committee, at such time and place as such judge appoints and on such reasonable notice to the debtor as such judge prescribes or (2) by the clerk, provided if the clerk finds the application to be in proper form, the clerk shall fix the time and place for the examination and sign the order for hearing and notice. The order for hearing and notice shall be served in accordance with the provisions of sections 52-46 and 52-46a. The judgment creditor or his attorney may provide for the service of a subpoena or subpoena duces tecum on the judgment debtor for appearance at such time and place. Failure of the judgment debtor to so appear in response to such subpoena shall subject him to the provisions of section 52-143, concerning fine, damages and capias.
(1949 Rev., S. 8141; 1959, P.A. 28, S. 188; February, 1965, P.A. 301; P.A. 74-183, S. 104, 291; P.A. 75-217; P.A. 76-436, S. 493, 681; P.A. 78-280, S. 1, 2, 127; P.A. 93-207, S. 1.)
History: 1959 act substituted circuit court for municipal court; 1965 act added alternative provision for examination of judgment debtor within the county where judgment was rendered; P.A. 74-183 removed circuit court judges from purview of section reflecting reorganization of judicial system, effective December 31, 1974; P.A. 75-217 added provisions re subpoena of judgment debtor and penalty for failure to appear in response to subpoena; P.A. 76-436 removed judges of common pleas court from purview of section, reflecting transfer of all trial jurisdiction to superior court, and added references to judicial districts, effective July 1, 1978; P.A. 78-280 deleted references to counties; P.A. 93-207 added phrase “or who has failed to respond within 30 days to any postjudgment interrogatories served pursuant to section 52-351b,” added provision re form of application to be prescribed by office of chief court administrator and permitted clerk to set time and place for examination and sign order for hearing and notice.
Cited. 12 CS 157.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-398. - Scope of inquiry; debtor not excused from answering.

The debtor shall not be excused from answering any question on the ground that his answer might tend to convict him of fraud or show that he has been party to any fraudulent or illegal conveyance, but his answers shall not be used against him in any criminal proceeding except in a prosecution for perjury.
(1949 Rev., S. 8142.)
Cited. 12 CS 157.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-399. - Commitment of debtor for contempt.

Any judge before whom any such examination is ordered may commit the judgment debtor for contempt in case of his neglect or refusal to attend or be sworn at the examination or to answer any question put to him during the examination, and any such neglect or refusal, if the examination is ordered or had before a committee, may be by such committee reported to the judge by whom he was appointed, which judge may thereupon proceed for the contempt as fully as if the examination had been ordered or had before himself.
(1949 Rev., S. 8143.)
Cited. 12 CS 157.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-400. - Costs of examination.

The costs of such examination shall be taxed by the judge ordering the same and may include an attorney fee not exceeding ten dollars, and the fees of the committee not exceeding eight dollars a day, if the judge is of the opinion that such fees or either of them should be taxed, or, if the examination is before a judge, his necessary traveling expenses. If the examination results in the discovery of property or means of paying the judgment in full or to the extent of fifty dollars, such judge may order such costs to be added to and become a part of the sums collectible in such execution. The costs of service of process shall be taxed as part of the costs of the examination.
(1949 Rev., S. 8144; P.A. 93-207, S. 2.)
History: P.A. 93-207 specified that costs of service of process shall be taxed as part of costs of examination.
Cited. 12 CS 157.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-400a. - Protective order by court. Execution against specified property.

(a) On motion of a judgment debtor or third person from whom discovery is sought, and for good cause shown, or on its own motion, the court may make any order which justice requires to protect such debtor or third person from annoyance, embarrassment, oppression or undue burden or expense.
(b) On motion of a judgment debtor alleging that the judgment creditor is engaged in any illegal levy or in any other practices for the purpose of collecting his judgment which violate state or federal law, or on its own motion, the court may render such protective order as justice requires.
(c) On motion of the judgment debtor or an interested third person, the court may direct the order of execution against specified property of the judgment debtor.
(P.A. 83-581, S. 20, 40; P.A. 84-527, S. 11.)
History: P.A. 84-527 amended Subsec. (b) by adding “any illegal levy or in any other” and deleting language restricting a protective order to one “restraining the judgment creditor”.
Cited. 240 C. 623.
Subsec. (b) is clear and unambiguous, and requires the court to grant a protective order to bar enforcement of a stipulated judgment that is determined to be usurious as a matter of law and therefore an illegal levy. 133 CA 773. Prospective action by divorcing spouse to recover monies does not constitute illegal levy under Subsec. (b) entitling spouse who may be target of action to a protective order. 156 CA 766.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-400b. - Penalty for failure to comply with certain court orders.

(a) On the continued and wilful failure of a person to comply with a discovery order pursuant to section 52-351b, or to comply with a turnover order pursuant to section 52-356b, or to comply with a protection order pursuant to section 52-400a, the court may, after hearing, commit the person for contempt and may further find such person personally liable for such damages as may have been sustained as a result of the contempt.
(b) No capias shall issue against a person who has failed to comply with a discovery, turnover or protection order unless the court finds that such person has been served with a subpoena ordering him to appear in court and he has failed to so appear.
(P.A. 83-581, S. 21, 40; P.A. 84-527, S. 16.)
History: P.A. 84-527 added Subsec. (b) prohibiting the issuance of a capias unless the person has failed to appear in court in response to a subpoena.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-400c. - Attorney's fees.

In the discretion of the court, a reasonable attorney's fee may be allowed to the prevailing party (1) for counsel at any contempt hearing reasonable and necessary for the enforcement of a court order, pursuant to section 52-256b, (2) for counsel at any discovery hearing reasonable and necessary for the enforcement of disclosure rights, and (3) for counsel at any other hearing that is reasonable and necessary for the enforcement of rights pursuant to a postjudgment procedure that is held on a claim or defense that the court determines was made for the purpose of harassment or solely for the purpose of delay.
(P.A. 83-581, S. 22, 40.)
Determination of whether a claim or defense was made for the purpose of harassment or solely for delay is a question of fact, so due process requires that evidentiary hearing be held on a motion for fees pursuant to section. 54 CA 121.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-400d. - Appeal of certain court decisions.

(a) Any court decision on a determination of interest in property under section 52-356c, or on an exemption claim, or on a contempt proceeding, or on any stay ordered pursuant to an installment payment order, shall be a final decision for the purpose of appeal.
(b) An appeal under subsection (a) of this section shall not act as a stay unless so ordered by the court. Any such stay shall be granted if the party taking the appeal posts a bond, with surety, in a sum determined by the court to be sufficient to indemnify the adverse party for any damages which may accrue as a result of such stay or if otherwise deemed reasonable.
(P.A. 83-581, S. 27, 40.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-400e. - Failure to pay judgment as basis for revocation, suspension or refusal to grant or renew license of licensed business.

Whenever a judgment in a civil action which relates to activities for which a license is required has been rendered against a business which is licensed by a state or local licensing authority and which remains unpaid for one hundred eighty days after receipt by the judgment debtor of notice of its entry and the judgment has not been stayed or appealed, the state or local licensing authority shall consider such failure to pay, if deliberate or part of a pattern of similar conduct indicating recklessness, as a basis for the revocation, suspension or conditioning of, or refusal to grant or renew such license. Nothing herein shall be construed to preempt an authority's existing policy if it is more restrictive.
(P.A. 83-349; P.A. 84-546, S. 123, 173.)
History: P.A. 84-546 made technical change.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-400f. - Priority of claims for deposits for consumer goods and services.

In the event of (1) the termination of the existence of an entity, (2) the insolvency of a person or entity, or (3) the inability of a person or entity to pay all creditors in full, every debt due to any individual from such person or entity for a deposit made in connection with the purchase, lease or rental of goods or the purchase of services for the personal, family or household use of such individual, where such goods were not received or such services were not provided, shall be first paid in full, to the amount allowed for certain consumer deposits pursuant to subdivision (7) of subsection (a) of 11 USC Section 507, as amended and adjusted from time to time pursuant to 11 USC Section 104, as amended from time to time, before the general liabilities, except taxes or wages, of such person or entity are paid. As used in this section, “deposit made in connection with the purchase, lease or rental of goods” includes, but is not limited to, deposits made by a consumer to a home heating oil or propane gas dealer pursuant to a prepaid home heating oil or propane gas contract or capped price per gallon home heating oil contract.
(P.A. 93-314, S. 3; June 11 Sp. Sess. P.A. 08-2, S. 6.)
History: June 11 Sp. Sess. P.A. 08-2 deleted $900 amount allowed for certain deposits, inserted 11 USC 507(a)(7) and 104 references and added definition of “deposit made in connection with the purchase, lease or rental of goods”, effective June 17, 2008.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 907 - Actions for Accounting › Section 52-401. - Court to settle terms of accounting.

In any judgment or decree for an accounting, the court shall determine the terms and principles upon which such accounting shall be had.
(1949 Rev., S. 8145.)
Court may find that building erected by husband on land owned by him and his wife is vested in them as cotenants. 82 C. 424. Concurrent jurisdiction of Superior Court and Probate Court in claim of cestui que trust for accounting. 102 C. 121; 104 C. 190. Refusal to order account is a final judgment from which an appeal lies. 102 C. 122. Lies to compel husband to account for wife's funds given him for investment. 104 C. 187.
Cited. 5 CA 457. Role of auditor is as a trier of fact. 121 CA 96.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 907 - Actions for Accounting › Section 52-404. - Accounting between coexecutors and cotenants.

(a) A residuary legatee, when all or any part of his legacy is withheld from him by an executor, may bring an action for an accounting against the executor for the recovery thereof. An executor, who is also residuary legatee, when all or any part of his legacy is withheld from him by his coexecutor, may bring an action for an accounting against his coexecutor for the recovery thereof.
(b) When two or more persons hold property as joint tenants, tenants in common or coparceners, if one of them occupies, receives, uses or takes benefit of the property in greater proportion than the amount of his interest in the property, any other party and his executors or administrators may bring an action for an accounting or for use and occupation against such person and recover such sum or value as is in excess of his proportion.
(1949 Rev., S. 8148; P.A. 82-160, S. 146.)
History: P.A. 82-160 replaced “estate” with “property”, rephrased the section and inserted Subsec. indicators.
Account does not lie between executors, merely as such; 5 C. 26; nor between cotenants, where there are more than two. 16 C. 341. Cited. 25 C. 148. Tenant making necessary repairs may recover of his cotenants their share of the expense. 50 C. 256. In determining the “due proportion” of each cotenant, all equities are to be considered. 82 C. 425. Cited. 110 C. 656. At common law, cotenant in possession was not accountable to cotenant for anything received from common estate. 118 C. 17. Cited. 222 C. 150.
Cited. 5 CA 457; 14 CA 402.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 907 - Actions for Accounting › Section 52-405. - Appeal in action demanding an accounting.

When, in any action demanding an accounting, a judgment is rendered ordering such accounting, appeal may be had from such judgment to the Appellate Court, as if it were a final judgment. Such appeal shall have precedence in the Appellate Court.
(1949 Rev., S. 8004; June Sp. Sess. P.A. 83-29, S. 45, 82.)
History: June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof.
Cited. 68 C. 61; 82 C. 425. If judge makes finding on judgment for accounting, need not make one as to same facts after account is taken. 87 C. 400. Appeal lies from interlocutory judgment refusing to order an accounting. 102 C. 122. Cited. 185 C. 320; 222 C. 331.
Cited. 5 CA 457.