reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-325b. - Burden of proof at hearing. Order of court.

(a) Upon the hearing held on the application or motion set forth in section 52-325a, the plaintiff shall first be required to establish that there is probable cause to sustain the validity of his claim and, if the action alleges an illegal, invalid or defective transfer of an interest in real property, that the initial illegal, invalid or defective transfer of an interest in real property occurred less than sixty years prior to the commencement of the action. Any property owner entitled to notice under subsection (c) of section 52-325 may appear and be heard on the issue.
(b) Upon consideration of the facts before it, the court or judge may: (1) Deny the application or motion if (A) probable cause to sustain the validity of the claim is established or (B) in an action that alleges an illegal, invalid or defective transfer of an interest in real property, probable cause to sustain the validity of the claim is established and the initial illegal, invalid or defective transfer of an interest in real property occurred less than sixty years prior to the commencement of the action, or (2) order such notice of lis pendens discharged of record if (A) probable cause to sustain the validity of the plaintiff's claim is not established or (B) in an action that alleges an illegal, invalid or defective transfer of an interest in real property, the initial illegal, invalid or defective transfer of an interest in real property occurred sixty years or more prior to the commencement of the action.
(P.A. 81-8, S. 3, 9; Oct. Sp. Sess. P.A. 93-4, S. 3, 4.)
History: Oct. Sp. Sess. P.A. 93-4 amended Subsec. (a) to require the plaintiff in an action that alleges an illegal, invalid or defective transfer of an interest in real property to establish that the initial illegal, invalid or defective transfer occurred less than 60 years prior to the commencement of the action and amended Subsec. (b)(1) and (2) to add Subpara. (B) re the grounds for denying or granting an application or motion to discharge a recorded notice of lis pendens in an action that alleges an illegal, invalid or defective transfer of an interest in real property, effective November 12, 1993, and applicable to any notice of lis pendens recorded before, on or after said date.
Cited. 189 C. 471; 209 C. 15; 217 C. 24.
Cited. 11 CA 211; 18 CA 16; 32 CA 627.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-325c. - Appeal.

(a) Any order entered as provided in subsection (b) of section 52-325b shall be deemed a final judgment for the purpose of appeal.
(b) No appeal shall be taken from such order except within seven days thereof. The effect of such order shall be automatically stayed for such seven-day period. If an appeal is taken within such seven-day period, the party taking such appeal may, within such period, file an application with the clerk of the court in which such order was issued, requesting a stay of the effect of such order pending such appeal, which application shall set forth the reasons for such request. A copy of such application shall be sent to the adverse party by the applicant. Upon the filing of such application, the effect of such order shall be further stayed until a decision is rendered thereon. A hearing on such application shall be held promptly. Such order shall be stayed if the party taking such appeal posts a bond, as provided in subsection (c) of this section.
(c) Upon the hearing on such application, the court shall: (1) Upon motion of the party taking the appeal set an amount of bond with surety for the stay of such order as provided in subsection (b) of this section, which amount shall be as the court deems sufficient to indemnify the adverse party for any damages which may result from the stay. If the party taking the appeal gives such bond the order shall be stayed; or (2) grant the stay; or (3) deny the stay; or (4) condition the granting of the stay upon the giving of such a bond.
(d) Any order of discharge or any order of any stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such notice of lis pendens was recorded. The clerk of the court in which any such order is issued shall not deliver any certified copies thereof until the time for taking an appeal has elapsed or, if an appeal is taken and an application for a stay of such order is filed, until such time as a decision granting or denying such stay has been rendered.
(e) When a certified copy of such order of discharge of notice of lis pendens has been recorded, such discharged notice of lis pendens shall not be deemed to constitute constructive notice of the claim of the party recording such notice to any third party who acquires his interest in the particular property either before or after the recording of such discharge.
(P.A. 81-8, S. 4, 9.)
Cited. 189 C. 471; 209 C. 15; 217 C. 24.
Cited. 10 CA 166; 18 CA 16; 36 CA 206; Id., 469; 41 CA 737; 42 CA 617; 45 CA 324.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Subsec. (a):
Any denial, under Sec. 52-325b(b)(1), of a motion to discharge a notice of lis pendens that challenged the existence of probable cause constitutes a final judgment. 214 CA 750.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-325d. - Motion for discharge of invalid notice of lis pendens.

In any action in which (1) a notice of lis pendens was recorded which is not intended to affect real property, or (2) the recorded notice does not contain the information required by subsection (a) of section 52-325 or section 46b-80, as the case may be, or (3) service of process or service of the certified copy of the notice of lis pendens was not made in accordance with statutory requirements, or (4) when, for any other reason, the recorded notice of lis pendens never became effective or has become of no effect, any interested party may file a motion requesting the court to discharge the recorded notice of lis pendens. If the court finds that such notice never became effective or has become of no effect, it shall issue its order declaring that such notice of lis pendens is invalid and discharged, and that the same does not constitute constructive notice. A certified copy of such order may be recorded in the land records of the town in which the notice of lis pendens was recorded.
(P.A. 81-8, S. 6, 9.)
Cited. 189 C. 471; 209 C. 15; 217 C. 24.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-325e. - Duration of notice of lis pendens. Rerecording.

(a) No notice of lis pendens recorded against any real property shall continue in force for a longer period than fifteen years after the date such notice was recorded unless within the five years prior to the expiration of said fifteen-year period such notice of lis pendens is rerecorded and a notice of such rerecording is served upon the owner of record of the property affected thereby in accordance with subsection (c) of section 52-325. The record owner of such property may thereafter make application for discharge of such notice of lis pendens in accordance with section 52-325a. No such rerecorded notice of lis pendens shall continue in force for a longer period than ten years after the date such notice was rerecorded.
(b) No notice of lis pendens which has expired by the provisions of this section shall constitute constructive notice to any third party of the interest, claim or cause of action of the person who caused such notice of lis pendens to be recorded.
(P.A. 87-360, S. 1, 2.)
Cited. 217 C. 24.
Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-326. - Discharge of lis pendens and invalid liens.

The provisions of sections 52-322 and 52-324 shall apply, mutatis mutandis, to any lis pendens recorded according to the provisions of section 52-325 or any invalid lien sought to be discharged under section 49-51.
(1949 Rev., S. 8058; 1961, P.A. 299; 1969, P.A. 595, S. 4; P.A. 87-589, S. 16, 87.)
History: 1961 act added provision for invalid lien sought to be discharged under section 49-51; 1969 deleted reference to applicability of Sec. 52-323, repealed by the same act; P.A. 87-589 deleted reference to Sec. 52-323.
See Secs. 49-8, 49-13 re release or discharge of mortgages or ineffective attachment, lis pendens or lien and re damages.
Cited. 162 C. 26; 180 C. 501; 209 C. 15; 217 C. 24.
Cited. 36 CA 206.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Court has no nonstatutory power to act on application for discharge of lis pendens. 4 Conn. Cir. Ct. 12, 14. Cited. 6 Conn. Cir. Ct. 456.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 904 - Attachments › Section 52-327. - Duration of attachment lien on real estate. Discharge upon expiration.

No attachment of real estate shall continue in force as a lien for a longer period than fifteen years after the date thereof unless within said period the action in which such attachment was made has been prosecuted to effect and a judgment lien filed according to law. All attachments of real estate which have expired as a lien by the provisions of this section shall be deemed dissolved and the real estate shall be free from any lien or encumbrance by reason of the same and the town clerk of the town in which such real estate is situated shall, upon the request of any person interested, discharge such attachment lien by recording a discharge of lien in the land records.
(1949 Rev., S. 8026; P.A. 09-213, S. 11.)
History: P.A. 09-213 replaced requirement that town clerk “endorse on the record of such attachment the words ‘discharged by operation of law’” with requirement that town clerk “discharge such attachment lien by recording a discharge of lien in the land records”.
Cited. 209 C. 15.
Cited. 17 CS 475; 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-330. - Citing garnishee to disclose.

The plaintiff may insert in the writ a direction to the garnishee, except if he is described as an executor, administrator or trustee in insolvency, in which case he shall not be so cited in, to appear before the court to which the process is returnable and there disclose on oath whether he has in his hands the goods or effects of the defendant, or is indebted to him; and, at any time during the pendency of a foreign attachment suit, any garnishee who might have been so cited in but was not may be cited by the court to appear before it, at a time appointed, to make such disclosure.
(1949 Rev., S. 8075.)
Citing administrator to disclose does not make writ invalid. 77 C. 349. Effect of disclosure. 107 C. 553.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-331. - Disclosure by garnishee to officer.

The officer serving process upon any person or corporation named as garnishee shall, at the time of service, make inquiry as to the amount then owed by such garnishee to the defendant in such action; and, if such garnishee thereupon discloses to such officer whether anything is then owed to such defendant, and if so how much, such officer shall then and there endorse such disclosure on such process as a part of his return thereon; and such disclosure shall excuse such garnishee from appearing, unless thereafter summoned as a witness, before the court to which such process is returnable, and such court may, without further proof, find the fact to be as shown by such disclosure.
(1949 Rev., S. 8076.)
Cited. 56 C. 435; 107 C. 550.
Motion to quash granted where officer who served writ of attachment of defendant's bank accounts, failed to state this in his return. 6 Conn. Cir. Ct. 51.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-332. - Corporation as garnishee; disclosure; nonappearance.

If any corporation made a garnishee and cited in to disclose was not indebted to, and had no effects of, the defendant in its possession when the complaint was served upon it, it need not appear before the court to disclose, provided it shall cause the affidavit of its treasurer or its paymaster stating such fact to be filed in such court on the return day of the complaint. If such affidavit is so filed and the plaintiff brings a scire facias against such corporation upon a judgment rendered against the defendant in the complaint, and it is found on the trial that the corporation was not indebted to the defendant and that it did not have his effects in its possession at the time of the service of the complaint, judgment shall be for the corporation to recover its costs.
(1949 Rev., S. 8077.)
Cited. 6 Conn. Cir. Ct. 53.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-333. - Liability of garnishee for not appearing.

If any garnishee, cited in to disclose before a court held in a town other than that in which he resides, was not indebted to the defendant and had no effects of the defendant in his possession when the writ was served upon him, it shall be a sufficient excuse for his not appearing before such court if he files therein on the return day of the writ his affidavit stating such facts; but if any garnishee, when cited in to disclose, fails to appear without reasonable excuse or refuses to disclose on oath whether he has any effects of the defendant in his possession or is indebted to him, then, if the plaintiff brings a scire facias against him on a judgment recovered against the defendant in the suit, judgment shall be rendered against such garnishee personally for the costs accrued on the scire facias, though it appears that he had no effects of the debtor in his possession and was not indebted to him.
(1949 Rev., S. 8078.)
Return that garnishee “failed to disclose that he was indebted” will not prevent award of costs to him. 81 C. 622.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-334. - Disclosure by garnishee.

The court may examine upon oath any garnishee cited in to disclose as to whether, at the time of the service of the foreign attachment, he had effects of the defendant in his hands or was indebted to him, and may hear any other proper evidence respecting the same. If it appears that such garnishee had no effects of the defendant in his possession or was not indebted to him, he shall recover judgment for his costs; but, if it appears that such garnishee had in his possession effects of the defendant or was indebted to him, the court shall ascertain the amount, and the same shall, if the plaintiff recovers judgment and brings a scire facias against the garnishee, be prima facie evidence of the facts so found; but the defendant shall then have a right again to disclose on oath, and the parties may introduce any other proper testimony regarding such facts. If the plaintiff in such action by foreign attachment withdraws his suit or fails to recover judgment against the defendant, such garnishee shall be entitled to judgment for his costs.
(1949 Rev., S. 8079.)
A finding that the garnishee is not indebted, no bar to a scire facias. 26 C. 605. Motion in error does not lie for errors in taking disclosure. 27 C. 519. The finding upon a disclosure by the garnishee is not a judgment. 67 C. 258. Disclosure by garnishee is not a pleading; cannot be considered on plaintiff's demurrer to principal defendant's plea to the jurisdiction. 107 C. 553. Cited. 122 C. 171.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-335. - Service of garnishee process on corporation.

When any corporation, engaged in transacting business in any other town than that in which its secretary or clerk resides, is named as agent, trustee or debtor of the defendant, in any action commenced by process of foreign attachment, service may be made upon such corporation by some proper officer, by leaving a true and attested copy thereof, at least twelve days before the process is returnable, with, or at the usual place of abode of, its secretary or clerk, or any agent or clerk employed by such corporation to keep its accounts or pay its employees in the town where it transacts business and where any moneys, which may be owing to the defendant, are due and payable. When the plaintiff recovers judgment in any action so brought and obtains execution for the same, a demand by the officer serving such execution on, or at the usual place of abode of, the secretary, agent or clerk of such corporation with whom service was originally made, shall be a sufficient demand of such corporation.
(1949 Rev., S. 8080.)
“Resides” means official residence, or the town where the secretary or clerk performs his duties as such. 46 C. 322.
There is a difference in the methods of service on a corporation of process generally and service on a corporation in a garnishment proceeding. 9 CS 473.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-336. - Service on disbursing agent or paymaster of garnishee.

When any corporation having a disbursing agent or paymaster, with an office or place of business in this state, is named as garnishee, service may be made on it by leaving with such agent or paymaster, or at his office or place of business, or at his usual place of abode, an attested copy of the process in such action, at least twelve days before the return day thereof.
(1949 Rev., S. 8081.)
Cited. 9 CS 476.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-337. - Service on bank or trust company as garnishee.

Whenever a bank, savings bank, trust company or industrial bank is named as garnishee, process shall be served by leaving a copy thereof with any officer or teller at the garnishee's principal office during its regular hours of business; provided, whenever a branch of any such bank or trust company which is located in a different town from the one in which the principal office of such bank or trust company is located is named as garnishee, process shall be served by leaving a copy thereof with any officer or teller at such branch during its regular hours of business.
(1949 Rev., S. 8082; 1951, S. 3201d.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-338. - Service on nonresident garnishee.

When the garnishee does not reside in this state, but is engaged in the transaction of business therein by an agent or agents, process may be served on such garnishee by leaving a true and attested copy thereof with such agent or agents.
(1949 Rev., S. 8083.)
What must appear to give court jurisdiction. 72 C. 433. Where served on judge of probate under Sec. 52-61, must be directed against garnishee. 88 C. 607.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-339. - Service on partnership garnishees.

When a partnership, the business of which is transacted by one or more of the partners exclusively, or by an agent or agents, is named as garnishee, service may be made upon such partnership by leaving a true and attested copy of the process with, or at the usual place of abode of, the members of such partnership, or such acting partner or partners, agent or agents; and the plaintiff, at any time before final judgment in such suit, may amend such process, without costs, by inserting the names of the persons composing such partnership.
(1949 Rev., S. 8084.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-340. - Subrogation of factorizing creditor.

In actions by foreign attachment, the plaintiff shall be entitled to all the security which his debtor had for the debt or property attached.
(1949 Rev., S. 8085.)
Equity will allow the creditor to maintain a bill for a disclosure and account, if necessary. 32 C. 240.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-341. - Attachment of debt evidenced by negotiable note.

When a debt evidenced by a negotiable promissory note has been attached by process of foreign attachment and the defendant has had actual notice thereof, he shall not negotiate or transfer such note during the continuance of the attachment lien; and, if he does so, he shall be guilty of fraud upon the attaching creditor, who, if he recovers judgment in his original suit, may, within one year after its rendition, institute a civil action against the defendant for such fraud; but the title of any bona fide purchaser of such note for valuable consideration, without notice and before maturity, shall not be affected by the provisions of this section.
(1949 Rev., S. 8086.)
Cited. 3 C. 29. Transfer held ineffectual to vacate attachment lien. 21 C. 411. Interpleader by garnishee against holder of note and attaching creditor. 74 C. 234.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-342. - Presentation of debt by attaching creditor to decedent's or insolvent estate.

When any debt due or to become due any person from an estate of a deceased person in settlement as a solvent estate is attached, the attaching creditor may, within the time limited for presenting claims against such estate, present the debt by him so attached to the executor or administrator, which shall be a sufficient presentation thereof. When any debt due or to become due any person from the estate of a deceased person represented insolvent, or from the estate of an insolvent debtor, is attached, the attaching creditor may, within the time limited for the presentation of claims against such estate, present the debt by him so attached to the commissioners on such estate, and may appear and be heard in relation thereto, and shall have the same right of appeal as the defendant; but such presentation and proof of any debt by an attaching creditor shall inure to his benefit alone, and shall not prevent such debt from being barred as against the original owner thereof, if not presented by him.
(1949 Rev., S. 8087.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-343. - Death of garnishee pending attachment.

If any executor, administrator or trustee, in whose hands any debt, legacy or distributive share has been so attached, dies or is removed pending the proceedings either on the original writ or on the scire facias, upon proper suggestion being made upon the record such proceedings may be continued against the survivor, or his successor in such trust, as the case may be, in the same manner as they might otherwise have been against the original garnishee or garnishees.
(1949 Rev., S. 8088.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-344. - Levy of execution as a discharge of garnishee.

The taking of any effects or debt by judgment of law out of the hands of an agent, trustee or debtor of the owner thereof, by process of foreign attachment, shall forever discharge such garnishee.
(1949 Rev., S. 8089.)
When a conditional note is sufficient payment to protect garnishee. 2 D. 498. Prior demand on principal debtor not necessary for protection of garnishee. 20 C. 409. When payment treated as one made under statute. 28 C. 251. Refers solely to a discharge of claim of the judgment debtor. 48 C. 412.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-345. - Judgment debt attached. Stay of execution.

If any judgment debt is taken by foreign attachment, the issue of the execution on such judgment, or its levy, if already issued, shall be stayed during the continuance of the lien of such attachment; and the time during which such stay is continued shall be excluded in computing the time within which such execution shall be levied in order to preserve any attachment lien created by or in the original suit.
(1949 Rev., S. 8090.)
Cited. 85 C. 578. Judgment debtor, garnisheed by several alleged creditors of original judgment creditor, is fully protected by section; he may not bring interpleader action. 94 C. 194.
Cited. 10 CS 345.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 905 - Foreign Attachments › Section 52-346. - Garnishments of mortgages.

The plaintiff in any civil action in which garnishee process is served upon any person in any way obligated or liable under any mortgage or lien upon real estate, garnisheeing a debt or any part thereof secured by such mortgage or lien, shall, on or before the return day of such process, cause to be filed, in the office of the town clerk in the town in which the real estate is situated, a certificate giving the names of the parties to the action, the time when and the court to which such process is returnable, the amount of damages claimed and a statement that the debt secured by such mortgage or lien has been garnisheed. The town clerk shall record such certificate and note the same on the page on which such mortgage or lien is recorded. If such plaintiff recovers judgment in such action for the debt sued upon or any part thereof, he may file for record, in the land records of the town where such mortgage or lien is recorded, a judgment lien upon such mortgage or lien within four months after the date of such judgment, and thereupon he shall be subrogated to the rights of his judgment debtor in such mortgage or lien to the amount due him upon such judgment, and the rights of such judgment creditor shall not be affected by any instrument not appearing of record prior to the time of filing the certificate hereinbefore described.
(1949 Rev., S. 8091.)
Cited. 121 C. 269.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-347 to 52-350. - Form of execution. Service and return of execution. Interest on judgments collected on executions. Execution upon unsatisfied judgment of justice.

Sections 52-347 to 52-350, inclusive, are repealed.
(1949 Rev., S. 8092–8095; 1959, P.A. 28, S. 185, 204; 1963, P.A. 642, S. 55; P.A. 78-280, S. 107, 127; P.A. 81-410, S. 9; P.A. 83-581, S. 39, 40; June Sp. Sess. P.A. 83-29, S. 44, 82; P.A. 84-546, S. 127, 173.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-350b. - Applicability.

(a) Sections 49-51, 52-350a, 52-350c to 52-350f, inclusive, 52-351a, 52-351b, 52-352a, 52-352b, 52-353, 52-355a, 52-356a to 52-356d, inclusive, 52-361a, 52-361b, 52-380a, 52-380d to 52-380g, inclusive, and 52-400a to 52-400d, inclusive, as amended or enacted by sections 1 to 27, inclusive, of public act 83-581 apply to all postjudgment proceedings commenced on or after July 14, 1983. Said sections do not invalidate or otherwise affect any lien, property execution or wage execution outstanding on July 14, 1983. A postjudgment proceeding commenced prior to July 14, 1983, is governed by the law in effect when the proceeding was commenced.
(b) Any execution against earnings issued pursuant to section 52-361 prior to July 14, 1983, which has not been satisfied, otherwise valid except for lack of adequate notice, is validated, subject to the right of the judgment debtor to claim an exemption or seek a modification pursuant to section 52-361b.
(P.A. 83-581, S. 28, 40; 83-587, S. 68, 96; P.A. 84-226, S. 1, 2.)
History: P.A. 83-587 added Subsec. (b) re validation of wage executions issued prior to July 14, 1983; P.A. 84-226 amended Subsec. (a) by clarifying that the lien, property execution or wage execution was outstanding “on July 14, 1983” and amended Subsec. (b) by replacing provision which excepted from validation “any execution with respect to which a person claims an exemption or seeks a modification pursuant to Sec. 52-361b within 45 days of July 14, 1983” with provision that the execution is validated “subject to the right of the judgment debtor to claim an exemption or seek a modification pursuant to Sec. 52-361b”.
Cited 1 CA 291; 33 CA 359.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-350c. - Rules of court. Forms.

The judges of the Superior Court may adopt any rules they deem necessary to implement the provisions of sections 49-51, 52-350a, 52-350c to 52-350f, inclusive, 52-351a, 52-351b, 52-352a, 52-352b, 52-353, 52-355a, 52-356a to 52-356d, inclusive, 52-361a, 52-361b, 52-380a, 52-380d to 52-380g, inclusive, and 52-400a to 52-400d, inclusive. The rules shall provide whether or not interrogatories under section 52-351b, or notice thereof, are to be filed with the clerk of the court. The judges, or their designee, shall prescribe any forms required to implement sections 49-51, 52-350a, 52-350c to 52-350f, inclusive, 52-351a, 52-351b, 52-352a, 52-352b, 52-353, 52-355a, 52-356a to 52-356d, inclusive, 52-361a, 52-361b, 52-380a, 52-380d to 52-380g, inclusive, and 52-400a to 52-400d, inclusive.
(P.A. 83-581, S. 2, 40.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-350d. - Jurisdiction of Superior Court.

(a) For the purposes of postjudgment procedures, the Superior Court shall have jurisdiction over all parties of record in an action until satisfaction of the judgment or, if sooner, until the statute limiting execution has run, except the Superior Court shall have jurisdiction at any time to determine exemption rights and grant appropriate relief.
(b) This section shall not be construed to allow opening of a judgment other than within four months succeeding the date on which it was rendered as provided by section 52-212a or as otherwise provided by law.
(P.A. 83-581, S. 3, 40; P.A. 84-527, S. 2.)
History: P.A. 84-527 amended Subsec. (a) to add provision that the superior court shall have jurisdiction at any time to determine exemption rights and grant appropriate relief.
Cited. 45 CA 543. Section does not limit the court's jurisdiction to address a party's claims after property has been redeemed following a judgment of foreclosure by sale; court's jurisdiction was not revoked to reach the merits of defendant's motion to determine the debt and court improperly dismissed defendant's motion on that basis. 108 CA 134.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-350e. - Service of process.

(a) Unless otherwise provided by section 52-351a, 52-351b, 52-356a, 52-356b or 52-361a, service of process concerning a postjudgment procedure, or concerning a determination of interest in property pursuant to section 52-356c, may be made (1) by a proper officer sending a true and attested copy thereof by certified mail, return receipt requested, to a person at his last-known address, or (2) as provided for service of process by chapter 896, or (3) as provided by rule of court for service on an appearing party if made on a party who has filed a postjudgment appearance or if made within one hundred eighty days of rendition of judgment on a party who has appeared in the action.
(b) The provisions of this section do not apply to any process issued pursuant to a contempt proceeding.
(P.A. 83-581, S. 4, 40; P.A. 84-527, S. 3; P.A. 85-346, S. 1.)
History: P.A. 84-527 amended Subsec. (a) to decrease the time period in Subdiv. (3) from one year to 180 days; P.A. 85-346 added reference to Sec. 52-351b and deleted “postage prepaid”.
Cited. 34 CA 816.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-350f. - Enforcement of money judgment. Costs, fees and interest.

A money judgment may be enforced against any property of the judgment debtor unless the property is exempt from application to the satisfaction of the judgment under section 52-352a, 52-352b, 52-352d or 52-361a or any other provision of the general statutes or federal law. The money judgment may be enforced, by execution or by foreclosure of a real property lien, to the amount of the money judgment with (1) all statutory costs and fees as provided by the general statutes, (2) interest as provided by chapter 673 on the money judgment and on the costs incurred in obtaining the judgment, and (3) any attorney's fees allowed pursuant to section 52-400c.
(P.A. 83-581, S. 5, 40; P.A. 84-527, S. 4; P.A. 92-94, S. 1, 4.)
History: P.A. 84-527 rephrased section and deleted reference to “section 52-257” with respect to the allowance of statutory costs and fees; P.A. 92-94 added reference to Sec. 52-352d.
Cited. 204 C. 17; 211 C. 485; 220 C. 643. An execution is to be used to enforce payment of a valid and specific court judgment. 260 C. 766.
Cited. 15 CA 718; 34 CA 816. Section does not mandate the award of postjudgment interest as such an award is discretionary. 112 CA 837. Although facial inconsistencies exist between this section and Secs. 46b-84(a) and 52-350a, P.A. 03-130 was intended to enable a party to address the default of a final order for child support or alimony through use of the postjudgment procedures in Ch. 906. 146 CA 79.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-351. - New judgment to include unsatisfied costs of execution.

Any court issuing an execution on which the costs thereon are not wholly satisfied, upon written motion of the plaintiff and such notice to the judgment debtor as the court rendering the original judgment deems reasonable, may render a new judgment which may include the prior judgment and costs and all unsatisfied costs of the first execution, and the original judgment shall thereupon be vacated.
(1949 Rev., S. 8096; 1959, P.A. 28, S. 186.)
History: 1959 act deleted references to executions issued and judgments rendered by justices of the peace.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-351a. - Notice of enforcement action to be given judgment debtor.

When a lien is placed on any property or when any postjudgment paper, other than a wage execution or property execution levied against property of a natural person, is served on a third person, the judgment creditor shall send a copy of the lien, or of the papers so served, together with a statement as to where the lien was filed or on whom the papers were served, to the judgment debtor at his last-known address by first class mail, postage prepaid.
(P.A. 83-581, S. 6, 40.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-352a. - Definitions for exempt property provisions.

As used in this section and sections 52-352b and 52-353:
(1) “Value” means fair market value of the exemptioner's equity or unencumbered interest in the property;
(2) “Necessary” means reasonably required to meet the needs of the exemptioner and his or her dependents including any special needs by reason of health or physical infirmity;
(3) “Exempt” means, unless otherwise specified, not subject to any form of process or court order for the purpose of debt collection;
(4) “Exemptioner” means the natural person entitled to an exemption under this section or section 52-352b;
(5) “Homestead” means owner-occupied real property, co-op or mobile manufactured home, as defined in subdivision (1) of section 21-64, used as a primary residence.
(P.A. 77-466, S. 1; P.A. 78-331, S. 25, 58; P.A. 83-581, S. 24, 40; P.A. 93-301, S. 1, 3; P.A. 94-55; P.A. 10-181, S. 4; P.A. 21-161, S. 4.)
History: P.A. 78-331 redefined “value” to specify “exemptioner's” equity and “unencumbered” interest; P.A. 83-581 made definitions applicable to Sec. 52-353 and deleted references to Sec. 52-352c which was made a part of Sec. 52-352b by the same act; P.A. 93-301 added definition of “homestead”, effective October 1, 1993, and applicable to any lien for any obligation or claim arising on or after said date; P.A. 94-55 redefined “homestead” to include mobile manufactured homes; P.A. 10-181 redefined “homestead” in Subdiv. (e) to include co-op, effective June 9, 2010; P.A. 21-161 redesignated existing Subsecs. (a) to (e) as Subdivs. (1) to (5) and made technical changes.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-352c. - Additional exempt property.

Section 52-352c is repealed.
(P.A. 77-466, S. 3; P.A. 78-331, S. 26, 58; 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 52-352d. - Exempt property of farm partnership.

(a) As used in this section, “exempt” has the same meaning as provided in section 52-352a, and “farm partnership” means any partnership primarily engaged in the occupation of farming in which at least fifty per cent of the partners are members of the same family.
(b) The farm animals and livestock feed which are reasonably required by a farm partnership in the course of its occupation shall be exempt. All moneys due the farm partnership from any insurance company on any insurance policy issued on such property shall also be exempt to the same extent that the property was exempt.
(P.A. 92-94, S. 3, 4; P.A. 14-122, S. 187.)
History: P.A. 14-122 made technical changes in Subsec. (a).
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-353. - Levy on and sale of personal property exempt to a certain amount.

When an execution debtor owns any personal property which, if not exceeding a certain amount in value, is exempt from execution, and the officer levying the execution believes that its value exceeds the limit of exemption, he may levy on and sell it in the same manner as any other property. If, at the sale, such property brings an amount exceeding the limit of exemption, he shall immediately, on receipt of the purchase money, pay over the amount of the exemption to the execution debtor and apply the balance only on the execution; but, if a sum equal to the amount of the exemption is not bid for such property, he shall immediately return the property to the execution debtor. No money or property belonging or coming to any execution debtor under such a levy as is provided for in this section shall be liable to attachment.
(1949 Rev., S. 8105; P.A. 83-581, S. 26, 40.)
History: P.A. 83-581 replaced “goods” with “personal property” and made minor grammatical and diction changes.
Cited. 22 CA 260.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-354 and 52-355. - Exemption of sick benefits and insurance moneys. Exemption of body from execution.

Sections 52-354 and 52-355 are repealed.
(1949 Rev., S. 8103, 8114; 1955, S. 3205d; P.A. 81-410, S. 14; 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 52-356. - Levy on personal estate.

Section 52-356 is repealed.
(1949 Rev., S. 8097; P.A. 81-410, S. 10; 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 52-356b. - Court order for transfer of specified property or evidence.

(a) If a judgment is unsatisfied, the judgment creditor may apply to the court for an execution and an order in aid of the execution directing the judgment debtor, or any third person, to transfer to the levying officer either or both of the following: (1) Possession of specified personal property that is sought to be levied on; or (2) possession of documentary evidence of title to property of, or a debt owed to, the judgment debtor that is sought to be levied on.
(b) The court may issue a turnover order pursuant to this section, after notice and hearing or as provided in subsection (c) of this section, on a showing of need for the order. If the order is to be directed against a third person, such person shall be notified of his right pursuant to section 52-356c to a determination of any interest claimed in the property.
(c) The court may issue a turnover order against a judgment debtor, without notice or hearing, upon affidavit by the judgment creditor or another competent affiant stating facts from which the court concludes that there is a reasonable likelihood that the judgment debtor is about to remove the property from the state or is about to fraudulently dispose of the property with intent to hinder, delay or defraud his creditors. The court shall expeditiously hear and determine any motion by the judgment debtor to dissolve such an ex parte order.
(d) Unless directed to a person who is before the court, any turnover order shall be personally served and shall contain a notice that failure to comply therewith may subject the person served to being held in contempt of court.
(P.A. 83-581, S. 10, 40; P.A. 84-527, S. 7; P.A. 97-86, S. 2; P.A. 05-288, S. 178.)
History: P.A. 84-527 amended Subsec. (b) to provide for the issuance of a turnover order “after notice and hearing or as provided in Subsec. (c)” and to require a third person against whom an order is to be directed to be notified of his right to a determination of any interest claimed in the property, added a new Subsec. (c) to authorize the court to issue an ex parte turnover order, and redesignated former Subsec. (c) as Subsec. (d) and provided that a turnover order need not be personally served if directed to a person before the court; P.A. 97-86 amended Subsec. (a) to replace “If an execution is issued, the judgment creditor may apply to the court for an order in aid of the execution” with “If a judgment is unsatisfied, the judgment creditor may apply to the court for an execution and an order in aid of the execution”; P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005.
Cited. 217 C. 507; 240 C. 343.
Cited. 38 CA 44.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-356c. - Determination of interests in disputed property.

(a) Where a dispute exists between the judgment debtor or judgment creditor and a third person concerning an interest in personal property sought to be levied on, or where a third person claims that the execution will prejudice his superior interest therein, the judgment creditor or third person may, within twenty days of service of the execution or upon application by the judgment creditor for a turnover order, make a claim for determination of interests pursuant to this section.
(b) The claim, which shall constitute the appearance of any third-person claimant, shall be filed with the Superior Court, on a prescribed form as a supplemental proceeding to the original action. The claim shall contain a description of the property in which an interest is claimed and a statement of the basis for the claim or of the nature of the dispute.
(c) On filing of the claim, the clerk of the court shall assign the matter for hearing on a date certain and order that notice of the hearing be served by the claimant on all persons known to claim an interest in the disputed property.
(d) Pending the hearing on the claim and subject to further order of the court, any property in dispute shall continue to be held by the person then in possession and shall not be transferred to any person who is not a party to the supplemental proceeding. If previously seized by or delivered to a levying officer, the property shall remain in the custody of the levying officer.
(e) Unless the judgment creditor waives such rights as he may have to execute against the contested property, the claim shall be deemed controverted and the issues shall be joined without further pleading by any party. The court may permit or require such further pleadings, amendments and notices and may make such further orders as justice or orderly administration requires. Prior to hearing the claim, the court may in its discretion: (1) Require the judgment creditor to post a bond in favor of a third person claimant for any damages which may accrue as a result of the outstanding execution and any subsequent proceedings, (2) on substitution by the third person of a bond as security for the property, allow the third person to obtain release of the property pending determination of the claim, or (3) direct that other known nonexempt property of the judgment debtor first be executed against.
(f) After hearing, the court shall render judgment determining the respective interests of the parties and may order the disposition of the property or its proceeds in accordance therewith.
(g) This section does not affect any interest in property of any person who is not a party to a determination pursuant to the provisions of this section.
(P.A. 83-581, S. 11, 40; P.A. 84-527, S. 8.)
History: P.A. 84-527 amended Subsec. (a) to allow making of claim “upon application by the judgment creditor for a turnover order”.
Cited. 205 C. 604; 217 C. 507; 222 C. 793; 240 C. 343.
Cited 1 CA 291; 4 CA 319.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-357 to 52-361. - Demand on execution when defendant has left the state. Sale on execution at other place than signpost. Adjournment of execution sale. When indifferent person may conduct execution sale. Execution on wages after judgment.

Sections 52-357 to 52-361, inclusive, are repealed.
(1949 Rev., S. 8098–8102; 1951, S. 3202d; 1953, 1955, S. 3203d; 1957, P.A. 293; 1959, P.A. 28, S. 124; 127; 152, S. 78; 193; 1961, P.A. 264, S. 8; 1963, P.A. 396; February, 1965, P.A. 257; 558; 1967, P.A. 496, S. 1, 2; 1969, P.A. 454, S. 34; P.A. 76-344; 76-436, S. 406, 681; P.A. 78-217, S. 2; P.A. 83-400, S. 4; 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 52-362a. - Welfare support executions.

Section 52-362a is repealed.
(1969, P.A. 551, S. 1, 2; 1971, P.A. 195; P.A. 85-548, S. 11.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 906 - Postjudgment Procedures › Section 52-362b. - Priority of voluntary wage deduction authorization for support over wage executions.

A voluntary wage deduction authorization for payment of amounts due for support in public welfare cases shall have the same priority over executions issued under section 52-361a as is provided for executions issued under section 52-362.
(1969, P.A. 220; P.A. 83-581, S. 35, 40.)
History: P.A. 83-581 replaced reference to “section 52-361” with “section 52-361a”.
Cited. 234 C. 194.