reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-578. - Limitation of action for damages caused by change of grade of highway.

No action shall be brought by the owner of land adjoining a public highway, or of any interest in such land, for recovery of special damage to such property or interest by reason of any change in the grade of such highway, or by reason of excavations in such highway made in the process of repairing the same by the town, city or borough in which such highway is situated, except within six years next after the right of action accrues.
(1949 Rev., S. 8317.)
Statute of limitations to run from the time when the cause of action accrues. 144 C. 170. Cited. 215 C. 464.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-579. - Limitation of suit on probate bond; exception.

No action shall be maintained against the surety on any probate bond unless brought within six years from the final settlement of account of the principal in such bond and the acceptance of such account by the Court of Probate; but this provision shall not apply to minors who are parties in interest.
(1949 Rev., S. 8318.)
Cited. 139 C. 220; 214 C. 464.
Cited. 3 CA 602.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-580. - Settlement of partnership or joint accounts.

In any case of partnership or of joint occupancy of real or personal property, the court before which any action for the settlement or adjustment of the partnership or joint account is pending shall take into consideration, in making the settlement, all the partnership or joint transactions since the time of the last settlement, although more than six years may have elapsed since the last settlement.
(1949 Rev., S. 8319; P.A. 82-160, S. 248.)
History: P.A. 82-160 replaced “estate” with “property” and rephrased the section.
Same rule applies in actions of book debt; 1 D. 250; but not, ordinarily, in other cases. 9 C. 365.
Cited. 13 CS 175.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-583. - Limitation of action against sheriff, state marshal or constable for neglect or default.

No civil action shall be brought against any sheriff, state marshal or constable, for any neglect or default in his or her office or duty, but within two years next after the right of action accrues.
(1949 Rev., S. 8323; P.A. 10-178, S. 3.)
History: P.A. 10-178 replaced “sheriff's deputy” with “state marshal” and made a technical change.
When right of action accrues. 26 C. 334. Assumpsit for money collected on execution, not within statute. 1 R. 303. Action against sheriff for default of deputy; deputy's suit on receipt held to constitute acknowledgment of continuing liability which prevented the running of statute. 38 C. 195. Action against officer for neglecting to make demand of garnishee, accrues at the expiration of the 60 days allowed for that purpose. 50 C. 526. Statute of limitations to run from the time when the cause of action accrues. 144 C. 170. Cited. 214 C. 464.
Limited suits on former Sec. 18-49 as to time of commencement. 7 CS 328.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-584b. - Limitation of actions against attorneys in connection with title certificates or opinions and title searches.

Notwithstanding any provision of the general statutes, no action, whether in contract, tort or otherwise, against an attorney to recover for injury caused by negligence or by reckless or wanton misconduct in the preparation of and the execution and delivery of an attorney's title certificate or opinion, or the title search in connection therewith, shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, except that no such action may be brought more than ten years from the date of such delivery. A counterclaim may be interposed in any such action any time before the pleadings in such action are finally closed.
(P.A. 81-32.)
Cited. 214 C. 464.
Letter seeking approval to partition real property found not to be a title certificate or opinion within meaning of statute. 56 CA 363.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-585. - Suit for forfeiture on penal statute limited to one year.

No suit for any forfeiture upon any penal statute shall be brought but within one year next after the commission of the offense. The provisions of this section shall not apply to any civil action brought by the state or a municipality, or any officer or agent thereof, to recover a forfeiture or civil penalty.
(1949 Rev., S. 8325; P.A. 91-312, S. 44.)
History: P.A. 91-312 added provision re nonapplicability to any civil action brought by the state or a municipality to recover a forfeiture or civil penalty.
Amendment of declaration will not be allowed after the year. 4 D. 37. Cited. 56 C. 23; 57 C. 54, 55. A bylaw prohibiting any excavation in the highway held a penal statute. 64 C. 429. Statute giving additional compensation for cutting trees on another's land not penal. 74 C. 134. Where statute gives forfeiture for each month's delay, no recovery can be had except for year preceding action. 76 C. 559. Does not apply to action for liquidated damages for which employer is liable under federal Fair Labor Standards Act. 134 C. 257. Cited. 214 C. 464.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-586. - Scire facias against garnishee limited to one year.

No writ of scire facias against any garnishee shall be brought but within one year next after the right of bringing it accrues.
(1949 Rev., S. 8326.)
Demand on execution within 60 days is prerequisite to right to bring scire facias; statute runs from time of demand. 97 C. 398; 104 C. 280; 105 C. 427. Cited. 214 C. 464.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-587. - Suit on bond or recognizance for costs limited to one year.

No action shall be brought against the surety on any bond or recognizance for costs only, given in any civil action, or on the appeal of any civil cause, or on any bail bond, except within one year after final judgment has been rendered in the suit in which such bond or recognizance was given.
(1949 Rev., S. 8327.)
It is no excuse that a petition for a new trial was pending during the whole of the year. 1 R. 249. A bond, in a bastardy suit, may be sued within a year after the time for the last quarterly payment. K. 268. Judgment regarded as rendered at the date of withdrawal, and not at the time of taxing costs. 48 C. 305. Claim against deceased surety, on bond for costs, may be presented at any time within the probate limitation. Id., 384. Cited. 214 C. 464.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-588. - Suit on note obtained by fraud.

No action shall be brought on a negotiable note, if the holder thereof has been notified in writing by the maker thereof, or his attorney or agent, that such note was obtained of the maker in pursuance of a conspiracy, or of a general intent to defraud, unless the same is brought within one year after such notice was given, or six months after such note became due; nor shall any claim on such note be maintained against the estate of any deceased person or insolvent debtor, unless such claim is presented within the time above specified after notice as aforesaid. If any such note is negotiated after it is due, the provisions of this section shall be held to apply to any action or proceeding founded upon such note in as full a manner as if the plaintiff had been the holder of such note at the time when such notice was given.
(1949 Rev., S. 8328.)
Cited. 189 C. 401; 214 C. 464; 233 C. 304.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-589. - Action of forcible entry and detainer limited to six months.

No complaint for a forcible entry and detainer shall be brought but within six months after the entry complained of.
(1949 Rev., S. 8329.)
Cited. 214 C. 464.
Action in entry and detainer was time barred as a matter of law because it did not fall within the 6-month statute of limitations set forth in statute. 71 CA 859.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-590. - When defendant's absence from state to be excluded.

In computing the time limited in the period of limitation prescribed under any provision of chapter 925 or this chapter, the time during which the party, against whom there may be any such cause of action, is without this state shall be excluded from the computation, except that the time so excluded shall not exceed seven years.
(1949 Rev., S. 8330; 1959, P.A. 429; 1963, P.A. 642, S. 87; P.A. 85-548, S. 4.)
History: 1959 act clarified language, specifying section applies to periods prescribed under chapter 925 or this chapter and limited time excluded to seven years; 1963 act included periods prescribed in section 52-435a; P.A. 85-548 deleted reference to Sec. 46b-160.
This applies, although both parties are and always have been nonresidents. 24 C. 442. A temporary absence is not within statute. 16 C. 113, 116; 105 C. 569. Ownership of attachable property in Connecticut does not give nonresident debtor the right to invoke the aid of our statute of limitation. 55 C. 577. One who occupied apartment in New York with his wife a considerable portion of the time held to be still a resident here. 92 C. 55. Periods during which defendant is within the state may be added together to form statutory period; domicile in another state does not prevent one from having a usual place of abode here; defendant may have two or more usual places of abode in two or more states; time excluded while out of the state covers only absences which prevent service of process in actions in personam. 105 C. 571. Statute runs against nonresident when he acquires a usual place of abode here; against a resident when he returns here. Id., 568. Not applicable to actions against nonresidents begun under Sec. 52-62. 116 C. 643. Cited. 131 C. 675; 225 C. 238.
Cited. 31 CA 569.
When “usual place of abode” is acquired. 7 CS 145. Cited. 17 CS 222; Id., 408. Statute of limitations should be raised by special defense so that plaintiff may, in reply, plead section. 18 CS 143. Where defendant had room at Yale University and was absent therefrom only during summer vacation, his absence did not toll statute of limitations under section. 27 CS 394. Cited. 40 CS 6; 42 CS 187.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-591. - When new action may be brought after time limited.

When a judgment in favor of a plaintiff suing in a representative character, or for the benefit of third persons, has been reversed, on the ground of a mistake in the complaint or in the proper parties thereto, and, while the action was pending, the time for bringing a new action has expired, the parties for whose special benefit the action was brought may commence a new action in their individual names at any time within one year after the reversal of the judgment, if the original action could have been so brought.
(1949 Rev., S. 8331; P.A. 82-160, S. 250.)
History: P.A. 82-160 made minor changes in wording.
Cited. 214 C. 464; 225 C. 13; 234 C. 169.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-594. - Limit for executor or administrator to bring personal action that survives.

If the time limited for the commencement of any personal action, which by law survives to the representatives of a deceased person, has not elapsed at the time of the person's death, one year from the date of death shall be allowed to his executor or administrator to institute an action therefor. In computing the times limited in this chapter, one year shall be excluded from the computation in actions covered by the provisions of this section.
(1949 Rev., S. 8334; P.A. 82-160, S. 254.)
History: P.A. 82-160 rephrased the section.
See Sec. 52-555 re actions for injuries resulting in death.
See Sec. 52-584 re limitation of action for injury to person or property.
Effect of statute. 90 C. 611. Cited. 191 C. 150; 214 C. 464; 223 C. 14.
Cited. 3 CA 602; 43 CA 397.
Cited. 8 CS 362. Statute does not reduce the time within which an action might have been brought had plaintiff survived; it adds 1 year from the date of death to the time otherwise allowable. 15 CS 434. Where 1-year period with respect to antemortem injuries had not expired when decedent died, his personal representative, under section, had year from date of death to institute action. 28 CS 461.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-595. - Fraudulent concealment of cause of action.

If any person, liable to an action by another, fraudulently conceals from him the existence of the cause of such action, such cause of action shall be deemed to accrue against such person so liable therefor at the time when the person entitled to sue thereon first discovers its existence.
(1949 Rev., S. 8335.)
This was previously the rule in equity proceedings. 19 C. 438. Fraudulent concealment affects surety on bond. 66 C. 64. Statute does not apply to action by receivers against directors of bank for negligence. 89 C. 451. Suspends running of statutes until right is discovered. 93 C. 558. Must be pleaded specially. 143 C. 31. Cited. 188 C. 301; 189 C. 162; 191 C. 150; 198 C. 660; 207 C. 204; 214 C. 242; 232 C. 527. To prove fraudulent concealment, plaintiffs must show that defendant had actual awareness, rather than imputed knowledge, of the facts necessary to establish plaintiffs' cause of action, intentionally concealed these facts from plaintiffs, and concealed the facts for purpose of obtaining delay on plaintiffs' part in filing a complaint on their cause of action. 281 C. 84.
Cited. 7 CA 245; 15 CA 496; Id., 677; 16 CA 108; 19 CA 16; 31 CA 235. Plaintiff's burden of proof under section discussed. 53 CA 102. In the absence of a fiduciary duty, there must be some fraudulent action beyond breaching one's contractual duty to toll the statute of limitations. 207 CA 707
Cited. 17 CS 198; 42 CS 187.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-596. - Actions for payment of remuneration for employment.

No action for the payment of remuneration for employment payable periodically shall be brought but within two years after the right of action accrues, except that this limitation shall be tolled upon the filing with the Labor Commissioner of a complaint of failure to pay wages pursuant to the provisions of chapter 558.
(1949 Rev., S. 8336; P.A. 80-182.)
History: P.A. 80-182 added exception re filing of complaint for failure to pay wages with labor commissioner.
Does not apply to severance pay which is not within description of “payment of remuneration for employment payable periodically”. 155 C. 680. Cited. 214 C. 464.
Cited. 11 CA 375; 16 CA 232; 43 CA 435. Payments must occur at regular intervals to qualify as periodic payments. 96 CA 673.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-597. - Action for libel or slander.

No action for libel or slander shall be brought but within two years from the date of the act complained of.
(1951, S. 3233d.)
Cited. 214 C. 464.
Defamation count barred by section; federal prison mailbox rule not recognized. 154 CA 138.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 926 - Statute of Limitations › Section 52-598a. - Limitation of action for indemnification.

Notwithstanding any provision of this chapter, an action for indemnification may be brought within three years from the date of the determination of the action against the party which is seeking indemnification by either judgment or settlement.
(P.A. 93-370, S. 1.)
Cited. 41 CA 686; 46 CA 699.
Cited. 44 CS 207.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 927 - Survival of Actions › Section 52-600. - Death of coplaintiff or codefendant.

If there are two or more plaintiffs or defendants in any action, one or more of whom die before final judgment, and the cause of action survives to or against the others, the action shall not abate by reason of the death. After the death is noted on the record, the action shall proceed.
(1949 Rev., S. 8338; P.A. 82-160, S. 257.)
History: P.A. 82-160 rephrased the section.
Cited. 22 C. 67. Where defendants are jointly and severally liable and one dies, proper method is to suggest death on record and proceed with action. 91 C. 348.
Cited. 46 CA 150. In foreclosure action in which both defendant and decedent were named, this section, rather than Sec. 52-599 or 52-325, applies. 165 CA 144.
Cited. 5 Conn. Cir. Ct. 122.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 927 - Survival of Actions › Section 52-601. - Entry by successor of deceased executor or administrator.

If, during any action by or against an executor or administrator, as such, the executor or administrator dies, his successor in office may enter and prosecute or be cited in to defend the action.
(1949 Rev., S. 8339; P.A. 82-160, S. 258.)
History: P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 927 - Survival of Actions › Section 52-602. - Entry by successor of public officer or trustee.

The successor of any public officer, or of the trustee of any estate, in whose name, as such officer or trustee, an action may be pending, may enter and prosecute the same in his own name in the same manner as his predecessor might have done had he continued in office.
(1949 Rev., S. 8340.)
Entry by judge of probate in action on probate bond. 17 C. 107. Similar federal statute construed and applied. 103 C. 39.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 928 - Uniform Enforcement of Foreign Judgments › Section 52-604. - Definition of foreign judgment.

As used in sections 52-604 to 52-609, inclusive, “foreign judgment” means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except one obtained by default in appearance or by confession of judgment.
(P.A. 73-498, S. 1.)
“Full faith and credit” refers to a foreign judgment enforceable under laws of this state. 264 C. 498.
Cited. 6 CA 541; 14 CA 384; 45 CA 798.
Cited. 38 CS 468.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 928 - Uniform Enforcement of Foreign Judgments › Section 52-605. - Filing of foreign judgment; certification; effect; notice.

(a) A judgment creditor shall file, with a certified copy of a foreign judgment, in the court in which enforcement of such judgment is sought, a certification that the judgment was not obtained by default in appearance or by confession of judgment, that it is unsatisfied in whole or in part, the amount remaining unpaid and that the enforcement of such judgment has not been stayed and setting forth the name and last-known address of the judgment debtor.
(b) Such foreign judgment shall be treated in the same manner as a judgment of a court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a court of this state and may be enforced or satisfied in like manner.
(c) Within thirty days after the filing of the judgment and the certificate, the judgment creditor shall mail notice of filing of the foreign judgment by registered or certified mail, return receipt requested, to the judgment debtor at such judgment debtor's last-known address. The proceeds of an execution shall not be distributed to the judgment creditor earlier than thirty days after filing of proof of service with the clerk of the court in which enforcement of such judgment is sought.
(P.A. 73-498, S. 2, 3; P.A. 00-191, S. 9; P.A. 01-195, S. 67, 181.)
History: P.A. 00-191 amended Subsec. (c) by requiring mailing of notice of foreign judgment by registered or certified mail, return receipt requested, and prohibiting distribution of proceeds until proof of service is filed with clerk of court in which enforcement of judgment is sought; P.A. 01-195 made a technical change in Subsec. (c) for purposes of gender neutrality, effective July 11, 2001.
Cited. 192 C. 10; 225 C. 102.
Cited. 14 CA 157; Id., 384. Modification of a domesticated foreign judgment does not automatically require refiling in the domestication state. 86 CA 617. Judgment is a valid final judgment, the enforcement of which has not been barred and which implicates neither personal nor subject matter jurisdiction. 87 CA 337.
Cited. 38 CS 468.
Subsec. (b):
Where enforcement in this state of an out-of-state judgment is challenged under the provision of Uniform Enforcement of Foreign Judgments Act that purports to subject the foreign judgment to same defenses as may be raised against an in-state judgment, only those defenses that claim absence of personal or subject matter jurisdiction in the issuing court, which are permissible under full faith and credit clause of federal constitution, may be raised. 76 CA 814. Interpreting provision to allow judgment debtor to raise substantive defenses to continuing validity of a domesticated foreign judgment would put statute into conflict with full faith and credit clause of the U.S. Constitution. 86 CA 617. Because trial court ordered that interest be paid on domesticated judgment, the interest order was postjudgment. 87 CA 337.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 928 - Uniform Enforcement of Foreign Judgments › Section 52-606. - Grounds for stay of enforcement. Notice to judgment creditor.

(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered. The judgment debtor shall provide notice of the stay of enforcement to the judgment creditor (1) by registered or certified mail, postage prepaid, return receipt requested, restricted delivery, or (2) by verified delivery to the judgment creditor as the named addressee by private messenger, delivery or courier service.
(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of a court of this state would be stayed, the court shall stay enforcement of the judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment as is required in this state. The judgment debtor shall provide notice of the stay of enforcement to the judgment creditor.
(P.A. 73-498, S. 4; P.A. 00-191, S. 10.)
History: P.A. 00-191 added provision to Subsec. (a) that judgment debtor shall provide notice of stay of enforcement to judgment creditor by registered or certified mail or verified delivery and added provision to Subsec. (b) requiring judgment debtor to provide notice of stay of enforcement to judgment creditor.
A court may stay an action upon request of plaintiff, a judgment creditor who initiated the current action, while an appeal is pending in a foreign jurisdiction. 163 CA 642.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 928 - Uniform Enforcement of Foreign Judgments › Section 52-607. - Other rights of action preserved.

The right of a judgment creditor to proceed by an action on the judgment or a motion for summary judgment in lieu of complaint instead of proceeding under sections 52-604 to 52-609, inclusive, remains unimpaired.
(P.A. 73-498, S. 5.)
Cited. 45 CA 798.
Cited. 38 CS 468.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 928 - Uniform Enforcement of Foreign Judgments › Section 52-608. - Uniform interpretation.

Sections 52-604 to 52-609, inclusive, shall be so construed as to effectuate their general purpose to make uniform the laws of those states which enact them.
(P.A. 73-498, S. 6.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 928 - Uniform Enforcement of Foreign Judgments › Section 52-609. - Short title: Uniform Enforcement of Foreign Judgments Act.

Sections 52-604 to 52-609, inclusive, may be cited as the “Uniform Enforcement of Foreign Judgments Act”.
(P.A. 73-498, S. 7.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-619. - (Note: This section is effective July 1, 2022.) Short title: Uniform Commercial Real Estate Receivership Act.

Sections 52-619 to 52-646, inclusive, may be cited as the Uniform Commercial Real Estate Receivership Act.
(P.A. 21-80, S. 1.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-621. - (Note: This section is effective July 1, 2022.) Notice and opportunity for hearing.

(a) Except as provided in subsection (b) of this section, the court may issue an order under sections 52-619 to 52-646, inclusive, only after notice and an opportunity for a hearing that the court deems appropriate in the circumstances.
(b) The court may issue an order under sections 52-619 to 52-646, inclusive:
(1) Without prior notice if the circumstances require issuance of an order before notice is given;
(2) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or
(3) After notice and without a hearing if no interested party timely requests a hearing.
(P.A. 21-80, S. 3.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-622. - (Note: This section is effective July 1, 2022.) Scope. Exclusions.

(a) Except as provided in subsection (b) or (c) of this section, sections 52-619 to 52-646, inclusive, apply to a receivership for an interest in real property and any personal property related to or used in operating the real property.
(b) Sections 52-619 to 52-646, inclusive, do not apply to a receivership for an interest in real property improved by one to four dwelling units unless:
(1) The interest is used for agricultural, commercial, industrial or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence;
(2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial or mineral-extraction purposes;
(3) The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business; or
(4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(c) Sections 52-619 to 52-646, inclusive, do not apply to a receivership authorized by the law of this state other than sections 52-619 to 52-646, inclusive, in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit.
(d) Sections 52-619 to 52-646, inclusive, do not limit the authority of a court to appoint a receiver under the law of this state other than sections 52-619 to 52-646, inclusive.
(e) Unless displaced by a particular provision of sections 52-619 to 52-646, inclusive, the principles of law and equity supplement sections 52-619 to 52-646, inclusive.
(P.A. 21-80, S. 4.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-623. - (Note: This section is effective July 1, 2022.) Power of court.

The court that appoints a receiver under sections 52-619 to 52-646, inclusive, has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
(P.A. 21-80, S. 5.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-624. - (Note: This section is effective July 1, 2022.) Appointment of receiver.

(a) The court may appoint a receiver:
(1) Before judgment, to protect a party that demonstrates an apparent right, title or interest in real property that is the subject of the action, if the property or its revenue-producing potential:
(A) Is being subjected to or is in danger of waste, loss, dissipation or impairment; or
(B) Has been or is about to be the subject of a voidable transaction;
(2) After judgment:
(A) To carry the judgment into effect; or
(B) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; or
(3) In an action in which a receiver for real property may be appointed on equitable grounds.
(b) In connection with the foreclosure or other enforcement of a mortgage, a mortgagee is entitled to appointment of a receiver for the mortgaged property if:
(1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation or impairment;
(2) The mortgagor agreed in a signed record to appointment of a receiver on default;
(3) The owner agreed, after default and in a signed record, to appointment of a receiver;
(4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;
(5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or
(6) The holder of a subordinate lien obtains appointment of a receiver for the property.
(c) The court may condition appointment of a receiver without prior notice under subdivision (1) of subsection (b) of section 52-621 or without a prior hearing under subdivision (2) of subsection (b) of section 52-621 on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorneys' fees and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security.
(P.A. 21-80, S. 6.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-625. - (Note: This section is effective July 1, 2022.) Disqualification from appointment as receiver; disclosure of interest.

(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(b) Except as provided in subsection (c) of this section, a person is disqualified from appointment as receiver if the person:
(1) Is an affiliate of a party;
(2) Has an interest materially adverse to an interest of a party;
(3) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(4) Has a debtor-creditor relationship with a party; or
(5) Holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.
(c) A person is not disqualified from appointment as receiver solely because the person:
(1) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(2) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family or household purposes; or
(3) Maintains with a party a deposit account, as defined in subdivision (29) of subsection (a) of section 42a-9-102.
(d) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
(P.A. 21-80, S. 7.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-626. - (Note: This section is effective July 1, 2022.) Receiver's bond; alternative security.

(a) Except as provided in subsection (b) of this section, a receiver shall post with the court a bond that:
(1) Is conditioned on the faithful discharge of the receiver's duties;
(2) Has one or more sureties approved by the court;
(3) Is in an amount the court specifies; and
(4) Is effective as of the date of the receiver's appointment.
(b) The court may approve the posting by a receiver with the court of alternative security such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge.
(c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
(d) A claim against a receiver's bond or alternative security must be made not later than one year after the date the receiver is discharged.
(P.A. 21-80, S. 8.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-627. - (Note: This section is effective July 1, 2022.) Status of receiver as lien creditor.

On appointment of a receiver, the receiver has the status of a lien creditor under:
(1) Article 9 of title 42a as to receivership property that is personal property or fixtures; and
(2) Any provision of the general statutes that provides for filing on the land records of a town a certificate as to receivership property that is real property.
(P.A. 21-80, S. 9.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-628. - (Note: This section is effective July 1, 2022.) Security agreement covering after-acquired property.

Except as provided by the law of this state other than sections 52-619 to 52-646, inclusive, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
(P.A. 21-80, S. 10.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-629. - (Note: This section is effective July 1, 2022.) Collection and turnover of receivership property.

(a) Unless the court orders otherwise, on demand by a receiver:
(1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and
(2) Subject to subsection (c) of this section, a person that has possession, custody or control of receivership property shall turn the property over to the receiver.
(b) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.
(c) If a creditor has possession, custody or control of receivership property and the validity, perfection or priority of the creditor's lien on the property depends on the creditor's possession, custody or control, the creditor may retain possession, custody or control until the court orders adequate protection of the creditor's lien.
(d) Unless a bona fide dispute exists about a receiver's right to possession, custody or control of receivership property, the court may sanction as civil contempt a person's failure to turn the property over when required by this section.
(P.A. 21-80, S. 11.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-631. - (Note: This section is effective July 1, 2022.) Duties of owner.

(a) An owner shall:
(1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties;
(2) Preserve and turn over to the receiver all receivership property in the owner's possession, custody or control;
(3) Identify all records and other information relating to the receivership property, including a password, authorization or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner's possession, custody or control;
(4) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receivership property or the receivership; and
(5) Perform any duty imposed by court order, sections 52-619 to 52-646, inclusive, or the law of this state other than sections 52-619 to 52-646, inclusive.
(b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee or other person exercising or having the power to exercise control over the affairs of the owner.
(c) If a person knowingly fails to perform a duty imposed by this section, the court may:
(1) Award the receiver actual damages caused by the person's failure, reasonable attorneys' fees and costs; and
(2) Sanction the failure as civil contempt.
(P.A. 21-80, S. 13.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-632. - (Note: This section is effective July 1, 2022.) Stay; injunction.

(a) Except as provided in subsection (d) of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action or proceeding:
(1) To obtain possession of, exercise control over or enforce a judgment against receivership property; and
(2) To enforce a lien against receivership property to the extent the lien secures a claim against the owner which arose before entry of the order.
(b) Except as provided in subsection (d) of this section, the court may enjoin an act, action or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.
(c) A person whose act, action or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.
(d) An order under subsection (a) or (b) of this section does not operate as a stay or injunction of:
(1) An act, action or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver;
(2) An act, action or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property;
(3) Commencement or continuation of a criminal proceeding;
(4) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power; or
(5) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
(e) The court may void an act that violates a stay or injunction under this section.
(f) If a person knowingly violates a stay or injunction under this section, the court may:
(1) Award actual damages caused by the violation, reasonable attorneys' fees and costs; and
(2) Sanction the violation as civil contempt.
(P.A. 21-80, S. 14.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-633. - (Note: This section is effective July 1, 2022.) Engagement and compensation of professional.

(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:
(1) The identity and qualifications of the professional;
(2) The scope and nature of the proposed engagement;
(3) Any potential conflict of interest; and
(4) The proposed compensation.
(b) A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor or a party. Sections 52-619 to 52-646, inclusive, do not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer or broker when authorized by law.
(c) A receiver or professional engaged under subsection (a) of this section shall file with the court an itemized statement of the time spent, work performed and billing rate of each person that performed the work and an itemized list of expenses. The receiver shall pay the amount approved by the court.
(P.A. 21-80, S. 15.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-634. - (Note: This section is effective July 1, 2022.) Use or transfer of receivership property not in ordinary course of business.

(a) In this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(b) With court approval, a receiver may use receivership property other than in the ordinary course of business.
(c) With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the agreement of sale provides otherwise, a sale under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien and any right of redemption, but is subject to a senior lien.
(d) A lien on receivership property which is extinguished by a transfer under subsection (c) of this section attaches to the proceeds of the transfer with the same validity, perfection and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.
(e) A transfer under subsection (c) of this section may occur by means other than a public auction sale. A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.
(f) A reversal or modification of an order approving a transfer under subsection (c) of this section does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
(P.A. 21-80, S. 16.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-636. - (Note: This section is effective July 1, 2022.) Defenses and immunities of receiver.

(a) A receiver is entitled to all defenses and immunities provided by the law of this state other than sections 52-619 to 52-646, inclusive, for an act or omission within the scope of the receiver's appointment.
(b) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
(P.A. 21-80, S. 18.)
History: P.A. 21-80 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 930 - Uniform Commercial Real Estate Receivership Act › Section 52-637. - (Note: This section is effective July 1, 2022.) Interim report of receiver.

A receiver may file or, if ordered by the court, shall file an interim report that includes:
(1) The activities of the receiver since appointment or a previous report;
(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
(3) Receipts and dispositions of receivership property;
(4) Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and
(5) Any other information required by the court.
(P.A. 21-80, S. 19.)
History: P.A. 21-80 effective July 1, 2022.