Sec. 52-321a. Trust or retirement income and certain retirement, education
and medical savings accounts unavailable to creditors. Exceptions for qualified
domestic relations order, recovery of costs of incarceration and recovery of damages by victim of crime. (a) Except as provided in subsection (b) of this section, any
interest in or amounts payable to a participant or beneficiary from (1) any trust, custodial
account, annuity or insurance contract established as part of a Keogh plan or a retirement
plan established by a corporation which is qualified under Section 401, 403, 404 or 409
of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue
code of the United States, as from time to time amended, (2) any individual retirement
account which is qualified under Section 408 of said internal revenue code to the extent
funded, including income and appreciation, (A) as a roll-over from a qualified retirement
plan, as provided in subdivision (1) of this section, pursuant to Section 402(a)(5), 403(a)
or 408(d)(3) of said internal revenue code or (B) by annual contributions which do not
exceed the maximum annual limits set forth in Section 219(b) of said internal revenue
code, determined without regard to any reduction or limitation for active participants
required by Section 219(g) of said internal revenue code, (3) (A) any simple retirement
account established and funded pursuant to Section 408(p) of said internal revenue
code, (B) any simple plan established and funded pursuant to Section 401(k)(11) of said
internal revenue code, (C) any Roth IRA established and funded pursuant to Section
408A of said internal revenue code, (D) any education individual retirement account
established and funded pursuant to Section 530 of said internal revenue code, or (E)
any simplified employee pension established under Section 408(k) of said internal revenue code to the extent such pension is funded by annual contributions within the limits
of Section 408(j) of said internal revenue code or roll-over contributions from a qualified
plan, as provided in subdivision (1) of this subsection, pursuant to Section 402(a)(5),
403(a) or 408(d)(3) of said internal revenue code, (4) any medical savings account
established under Section 220 of said internal revenue code, to the extent such account is
funded by annual deductible contributions or a roll-over from any other medical savings
account as provided in Section 220(f)(5) of said internal revenue code, or (5) any pension
plan, annuity or insurance contract or similar arrangement not described in subdivision
(1) or (2) of this subsection, established by federal or state statute for federal, state or
municipal employees for the primary purpose of providing benefits upon retirement by
reason of age, health or length of service, shall be exempt from the claims of all creditors
of such participant or beneficiary. Any such trust, account, contract, plan or other arrangement shall be (A) conclusively presumed to be a restriction on the transfer of a
beneficial interest of the debtor in a trust that is enforceable under the laws of this state,
and (B) considered a trust which has been created by or which has proceeded from a
person other than such participant or beneficiary, even if such participant or beneficiary
is a self-employed individual, a partner of the entity sponsoring the Keogh plan or a
shareholder of the corporation sponsoring the retirement plan.
(b) Nothing in this section shall impair the rights of an alternate payee under a
qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue
Code of 1986, or any subsequent corresponding internal revenue code of the United
States, as from time to time amended. Nothing in this section or in subsection (m) of
section 52-352b shall impair the rights of the state to proceed under section 52-361a
to recover the costs of incarceration under section 18-85a and regulations adopted in
accordance with section 18-85a from any federal, state or municipal pension, annuity
or insurance contract or similar arrangement described in subdivision (5) of subsection
(a) of this section, provided the rights of an alternate payee under a qualified domestic
relations order, as defined in Section 414(p) of the Internal Revenue Code of 1986, or
any subsequent corresponding internal revenue code of the United States, as from time
to time amended, shall take precedence over any such recovery. Nothing in this section
or in subsection (m) of section 52-352b shall impair the rights of a victim of crime to
proceed under section 52-361a to recover damages awarded by a court of competent
jurisdiction from any federal, state or municipal pension, annuity or insurance contract
or similar arrangement described in subdivision (5) of subsection (a) of this section
when such damages are the result of a crime committed by a participant or beneficiary
of such pension, annuity or insurance contract or similar arrangement, provided the
rights of an alternate payee under a qualified domestic relations order, as defined in
Section 414(p) of the Internal Revenue Code of 1986, or any subsequent corresponding
internal revenue code of the United States, as from time to time amended, shall take
precedence over any such recovery.
(c) Nothing in this section shall affect the status of additions or contributions to a
trust, account, contract, plan or other arrangement described in subsection (a) of this
section if (1) (A) the debtor-participant or the debtor-beneficiary is a self-employed
individual, partner of the entity sponsoring the Keogh plan or a one per cent or more
shareholder of the corporation sponsoring the retirement plan, or in the opinion of a court
of competent jurisdiction, exercises dominion and control over such proprietorship,
partnership, corporation or other entity and (B) the addition or contribution is made less
than ninety days before the filing of the claim on which the judgment is thereafter entered
or (2) such additions or contributions are determined to be a fraudulent conveyance
under applicable federal or state law.
(P.A. 91-239, S. 2, 4; P.A. 92-215; P.A. 98-202, S. 1, 2; P.A. 00-113; P.A. 01-195, S. 61, 181; P.A. 03-19, S. 119; P.A.
04-234, S. 21.)
History: P.A. 92-215 amended Subsec. (a) by adding provision re exemption of payments from individual retirement
accounts qualified under Section 408 of the Internal Revenue Code from the claims of creditors; P.A. 98-202 amended
Subsec. (a) by adding Subdivs. (3) and (4) re simple retirement accounts or plans, Roth IRAs, education individual retirement
accounts, simplified employee pensions, medical savings accounts and renumbered former Subdiv. (3) as (5), effective
June 8, 1998 (Revisor's note: In Subsec. (a)(4) a reference to "said internal code" was changed editorially by the Revisors
to "said internal revenue code"); P.A. 00-113 amended Subsec. (b) by adding provisions re rights of state to recover costs
of incarceration, rights of victim to recover damages awarded by court as result of crime and rights of alternate payee under
qualified domestic relations order; P.A. 01-195 made a technical change in Subsec. (b), effective July 11, 2001; P.A. 03-19 made a technical change in Subsec. (b), effective May 12, 2003; P.A. 04-234 amended Subsec. (b) to replace "costs of
incarceration" with "costs of incarceration under section 18-85a and regulations adopted in accordance with section 18-85a" and to make a technical change, effective June 8, 2004.
Subsec. (a):
Cited. 238 C. 778. P.A. 92-215 cited. Id.
Sec. 52-322. Discharge of attachment; filing of certificate; record. When the
estate of any person has been attached in any proceeding wherein a certificate of such
attachment or a copy of the writ or proceeding is required by law to be filed in the office
of the town clerk, and the plaintiff therein has received satisfaction for his claim, or
final judgment has been rendered against him thereon, or when for any reason such
attachment has become of no effect, such plaintiff or his attorney, at the request of any
person interested in the estate attached or in having the attachment lien removed, shall
lodge a certificate with such town clerk that such attachment is dissolved and such lien
removed. Each such certificate shall be recorded at length in a book kept for that purpose
by such clerk as a part of the land records of the town wherein the property affected by
the release is located or wherein the certificate of attachment was filed.
(1949 Rev., S. 8054.)
Inequitable release of lis pendens, when. 162 C. 26. Cited. 180 C. 501, 505, 507. Sec. 52-304 et seq. cited. 209 C. 15, 19.
Cited. 36 CA 206, 209, 210.
Cited. 4 Conn. Cir. Ct. 14. Cited. 6 Conn. Cir. Ct. 456.
Sec. 52-323. Penalty for not filing certificate. Section 52-323 is repealed.
(1949 Rev., S. 8055; 1969, P.A. 595, S. 5.)
See Secs. 49-8, 49-13 re release or discharge of mortgages or ineffective attachment, lis pendens or lien and re damages.
Sec. 52-324. Certificate of dissolution on withdrawal of suit. If an attachment,
such as is set forth in section 52-322, has been made and the plaintiff has withdrawn
his suit or has been nonsuited or final judgment has been rendered against him, or if
such suit has not been returned, or if for any reason such attachment has become of no
effect, the clerk of the court to which such suit has been made returnable shall, upon
the request of any person interested, issue a certificate in accordance with the facts,
which certificate may be filed in the office of the town clerk, and shall by such town
clerk be noted on the margin of the record where such attachment is recorded.
(1949 Rev., S. 8056; 1959, P.A. 28, S. 184.)
History: 1959 act deleted reference to suits returnable to justices of the peace.
Certificate of dissolution denied since one count of the complaint remained to be litigated. 146 C. 739. Inequitable
release of lis pendens, when. 162 C. 26. Cited. 180 C. 501, 505, 507. Sec. 52-304 et seq. cited. 209 C. 15, 19.
Cited. 36 CA 206, 209, 210.
Cited. 4 Conn. Cir. Ct. 14. Cited. 6 Conn. Cir. Ct. 456.
Sec. 52-325. Notice of lis pendens. (a) In any action in a court of this state or in
a court of the United States (1) the plaintiff or his attorney, at the time the action is
commenced or afterwards, or (2) a defendant, when he sets up an affirmative cause of
action in his answer and demands substantive relief at the time the answer is filed, if
the action is intended to affect real property, may cause to be recorded in the office of
the town clerk of each town in which the property is situated a notice of lis pendens,
containing the names of the parties, the nature and object of the action, the court to
which it is returnable and the term, session or return day thereof, the date of the process
and the description of the property, except that no such notice may be recorded in an
action that alleges an illegal, invalid or defective transfer of an interest in real property
unless the complaint or affirmative cause of action contains the date of the initial illegal,
invalid or defective transfer of an interest in real property and such transfer has occurred
less than sixty years prior to the commencement of such action. Such notice shall, from
the time of the recording only, be notice to any person thereafter acquiring any interest
in such property of the pendency of the action; and each person whose conveyance or
encumbrance is subsequently executed or subsequently recorded or whose interest is
thereafter obtained, by descent or otherwise, shall be deemed to be a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the recording
of such notice, to the same extent as if he were made a party to the action. For the purpose
of this section an action shall be deemed to be pending from the time of the recording
of such notice; provided such notice shall be of no avail unless service of the process
is completed within the time provided by law. This section shall be construed to apply
to mechanics' liens and all other inchoate liens, certificates of which are recorded subsequent to the recording of the notice of the pendency of the action; and, in suits to foreclose
mortgages or other liens, the persons whose conveyances or encumbrances are subsequently executed or subsequently recorded shall forfeit their rights thereunder, unless
they apply to the court in which such action is brought to be made parties thereto, prior
to the date when the judgment or decree in such action is rendered.
(b) As used in this section, actions "intended to affect real property" means (1)
actions whose object and purpose is to determine the title or rights of the parties in, to,
under or over some particular real property; (2) actions whose object and purpose is to
establish or enforce previously acquired interests in real property; (3) actions which
may affect in any manner the title to or interest in real property, notwithstanding the
main purpose of the action may be other than to affect the title of such real property.
(c) Notwithstanding the provisions of subsection (a) of this section, no recorded
notice of lis pendens shall be valid or constitute constructive notice thereof unless the
party recording such notice, not later than thirty days after such recording, serves a true
and attested copy of the recorded notice of lis pendens upon the owner of record of the
property affected thereby. The notice shall be served upon the owner, if he resides in
the same town in which the real property is located, by any proper officer or indifferent
person, by leaving a true and attested copy of such recorded notice with him or at his
usual place of abode. If the property owner does not reside in such town, such copy may
be served by any proper officer or indifferent person, by mailing such copy, by registered
or certified mail, to the owner at the place where he resides. If such copy is returned
unclaimed, notice to such property owner shall be given by publication in accordance
with the provisions of section 1-2. If the property owner is a nonresident individual, or
foreign partnership, or his or its executor or administrator, the notice may be served
upon the Secretary of the State as provided in subsection (c) of section 52-59b and if
the property owner is a foreign corporation, the notice may be served as provided in
section 33-519 or 33-929. When there are two or more property owners of record, a true
and attested copy of such recorded notice shall be so served on each property owner. A
certified copy of the recorded notice of lis pendens, with the return of the person who
served it, endorsed thereon, shall be returned to the party who recorded such notice.
(1949 Rev., S. 8057; 1961, P.A. 145; P.A. 81-8, S. 1, 9; P.A. 90-58; P.A. 93-431, S. 9, 10; Oct. Sp. Sess. P.A. 93-4, S.
1, 4; P.A. 96-271, S. 218, 254.)
History: 1961 act added language at beginning of section specifying applicability to actions "in any court of this state
or in a district court of the United States"; P.A. 81-8 added Subsecs. (b) and (c) defining "actions intended to affect real
property" and requiring that, in order for a recorded notice of lis pendens to be valid or constitute constructive notice, the
party recording the notice shall serve a copy of the notice upon the owner of record of the property; P.A. 90-58 amended
Subsec. (c) to add provision re the manner of service of the notice if the property owner is a nonresident individual, foreign
partnership or foreign corporation; P.A. 93-431 amended Subsec. (c) to authorize any "proper officer" to serve a copy of
the recorded notice, effective January 1, 1994; Oct. Sp. Sess. P.A. 93-4 amended Subsec. (a) to prohibit the recording of
a notice in an action alleging an illegal, invalid or defective transfer of an interest in real property unless the complaint or
affirmative cause of action contains the date of the initial illegal, invalid or defective transfer and such transfer occurred
less than sixty years prior to the commencement of such action, effective November 12, 1993, and applicable to any notice
of lis pendens recorded before, on or after said date; P.A. 96-271 amended Subsec. (c) to replace reference to Sec. 33-411
with Sec. 33-929, effective January 1, 1997.
Application for the appointment of a partnership receiver is not an action "intended to affect real estate". 66 C. 359.
Necessity of pleading to take advantage of statute. 91 C. 165. No lis pendens required where attachment made on mesne
process prior to 1929 amendment to section 52-285; effect of dissolution of real estate attachment by substitution of bond.
104 C. 289. Effect of deed executed after lis pendens filed. 122 C. 412. Cited. 114 C. 92; 146 C. 237. Cited. 162 C. 26.
Application for appointment of receiver, in cases like the present, is not an action to affect real estate, within the meaning
of the statute. 165 C. 675. Cited. 169 C. 638, 639. Statute unconstitutional in that it fails to provide for notice to property
owners and a hearing at a meaningful time and in a meaningful manner to challenge the lis pendens. 180 C. 501, 506, 507.
Unconstitutionality of statute has no effect since judgment has been entered. 181 C. 141, 144, 145. Cited. 183 C. 117, 119,
120. Statute as amended by public act 81-8 meets minimum requirements of procedural due process. 189 C. 471, 475,
479-484. Sec. 52-304 et seq. cited. 209 C. 15, 19, 21. Cited. 213 C. 676, 679. Cited. 217 C. 24, 33, 35. Cited. 226 C. 773,
784. P.A. 93-431 cited. Id.
Cited. 10 CA 166. Cited. 11 CA 211, 212. Cited. Id., 653, 660. Cited. 21 CA 32-34. Cited. 31 CA 15, 16; judgment
reversed, see 230 C. 807 et seq. Cited. 32 CA 627, 629. Cited. 36 CA 206, 209. Cited. 37 CA 698, 702. Section is prospective
and does not affect prior interests. 63 CA 164.
Time provisions of statute cannot as matter of law bar court from exercising its discretion under section 49-15 (opening
foreclosure judgment), must be read in light of said section and does not preclude opening to make lienor a party. 27 CS
201. Purpose is to avoid harshness of common law rule that every man deemed attentive to pending litigation; related Sec.
49-39 held not condition precedent or jurisdictional, satisfied by actual notice. 34 CS 84. Action for dissolution of marriage
is not akin to actions for the breach of ordinary contract, or foreclosure of mortgage or other liens. 36 CS 56-59. Cited.
Id. Cited. 38 CS 70, 73, 75, 76, 79. Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment
attachment; constitutionality discussed. 42 CS 241, 242, 244-246, 248, 251-253, 256. Lis pendens statute(s) Sec. 52-325
et seq. cited. Id.
Cited. 4 Conn. Cir. Ct. 13.
Subsec. (a):
Cited. 209 C. 15, 21. Cited. 217 C. 24, 34, 39.
Cited. 21 CA 32, 33. Cited. 32 CA 627, 632. Cited. 36 CA 469, 472.
Cited. 39 CS 195, 196. Cited. 40 CS 312, 315.
Subsec. (b):
Cited. 209 C. 15, 21. Subdiv. (3) cited. Id., 15, 22.
Cited. 21 CA 32, 33.
Cited. 39 CS 195, 196. Subdiv. (1) cited. Id. Subdiv. (2) cited. Id. Subdiv. (3): A lease comes within provision of this
statute. Id., 195-197.
Subsec. (c):
Cited. 11 CA 653, 660, 661.
Sec. 52-325a. Application for discharge. Forms. Hearing. (a) Whenever a notice
of lis pendens is recorded against any real property pursuant to subsection (a) of section
52-325, the property owner, if the action has not then been returned to court, may make
application, together with a proposed order and summons, to the superior court for the
judicial district to which the action is made returnable, or to any judge thereof, that a
hearing or hearings be held to determine whether such notice of lis pendens should be
discharged. The court or judge shall thereupon order reasonable notice of such application to be given to the plaintiff and shall set a date or dates for the hearing or hearings
to be held thereon. If such plaintiff is not a resident of this state such notice shall be
given by personal service, registered or certified mail, publication or such other method
as the court or judge shall direct. At least seven days notice shall be given to the plaintiff
prior to the date of such hearing.
(b) The application, order and summons shall be substantially in the following form:
APPLICATION FOR DISCHARGE OF
NOTICE OF LIS PENDENS
To the .... Court of ....
The undersigned represent(s):
1. That .... is the owner of the real property described in schedule A attached hereto;
2. That on or about .... (date) .... (name of plaintiff) of .... (address of plaintiff)
recorded a notice of lis pendens affecting such real property and gave notice thereof;
3. That there is not probable cause to sustain the validity of the plaintiff's claim or,
in an action that 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 sixty years or more prior to the commencement of the action;
4. That the applicant seeks an order for discharge of such recorded notice of lis
pendens.
....
(Name of Applicant)
By: ....
His Attorney
ORDER
The above application having been presented to the court, it is hereby ordered that a
hearing be held thereon at .... (time) on .... (date) and that the applicant give notice to
the following persons: .... (Names and addresses of persons entitled to notice) of the
pendency of said application and of the time when it will be heard by causing a true and
attested copy of the application and of this order to be served upon such persons by
some proper officer or indifferent person on or before .... and that due return of such
notice be made to this court.
Dated at .... this .... day of ...., 20...
....
(Clerk of the Court)
SUMMONS
To a state marshal of the county of ...., or either constable of the town of ...., in said
county,
Greeting:
By authority of the state of Connecticut, you are hereby commanded to serve a true
and attested copy of the above application and order upon ...., of .... by leaving the same
in his hands or at his usual place of abode (or such other notice as ordered by the court)
on or before ....
Hereof fail not but due service and return make.
Dated at .... this .... day of .... 20...
....
(Commissioner of the Superior Court)
(1) The clerk upon receipt of all such documents in duplicate, if he finds them to
be in proper form, shall fix a date for a hearing on the application and sign the order of
hearing and notice. A copy of the original document shall be placed in the court file.
(2) The clerk shall deliver to the applicant's attorney the original of such documents
for service. Service having been made, such original documents shall be returned to
such court with the endorsement by the officer of his actions.
(c) If the action for which notice of lis pendens was recorded, is pending before any
court, the property owner may at any time, unless the application under subsection (a)
of this section has previously been ruled upon, move that such notice of lis pendens be
discharged of record.
(P.A. 81-8, S. 2, 9; P.A. 82-472, S. 140, 183; P.A. 87-589, S. 15, 33, 87; Oct. Sp. Sess. P.A. 93-4, S. 2, 4; P.A. 00-99,
S. 113, 154.)
History: P.A. 82-472 substituted "actions" for "doings" in Subsec. (b)(2); P.A. 87-589 made technical changes, restoring
text inadvertently omitted through computer error; Oct. Sp. Sess. P.A. 93-4 amended Subsec. (b) to allow the applicant to
represent in the application as a reason for discharge of the notice that, in an action alleging an illegal, invalid or defective
transfer of an interest in real property, the initial illegal, invalid or defective transfer occurred sixty years or more prior to
the commencement of the action, effective November 12, 1993, and applicable to any notice of lis pendens recorded before,
on or after said date; (Revisor's note: In 1995 in the "SUMMONS" the sentence "Hereof fail not but due serve and return
make." was changed editorially by the Revisors to "Hereof fail not but due service and return make."); P.A. 00-99 replaced
reference to sheriff and deputy sheriff with state marshal in Subsec. (b), effective December 1, 2000 (Revisor's note: The
references in Subsec. (b) of this section to the date "19.." were changed editorially by the Revisors to "20.." to reflect the
new millennium).
Cited. 189 C. 471, 474, 476, 479-484. Sec. 52-304 et seq. cited. 209 C. 15, 19. Cited. 217 C. 24, 25, 36, 39.
Cited. 10 CA 166. Cited. 11 CA 211, 212.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality
discussed. 42 CS 241, 242, 244-246, 248, 251, 253, 256. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.
Subsec. (a):
Cited. 40 CS 312, 315.
Subsec. (c):
Cited. 209 C. 15, 19.
Cited. 36 CA 469, 470. Cited. 45 CA 324.
Sec. 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 sixty years prior to the commencement of the action and amended Subdivs. (1) and (2) of Subsec. (b) 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, 476, 479-484. Cited. 209 C. 15, 17, 19. Sec. 52-304 et seq. cited. Id. Cited. 217 C. 24, 35-37, 39.
Cited. 18 CA 16, 17. Cited. 32 CA 627, 631.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality
discussed. 42 CS 241, 242, 244-246, 248, 251-253, 256. Lis pendens statute(s), Sec. 52-325 et seq. cited. Id.
Subsec. (a):
Cited. 11 CA 211, 212. Cited. 18 CA 16, 19.
Subsec. (b):
Cited. 209 C. 15, 17, 19. Cited. 217 C. 24, 37, 38.
Sec. 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, 479-484. Sec. 52-304 et seq. cited. 209 C. 15, 19. Cited. 217 C. 24, 35, 37-40.
Cited. 36 CA 206, 209. Cited. Id., 469-471. Cited. 41 CA 737-739, 741. Cited. 42 CA 617. Cited. 45 CA 324.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality
discussed. 42 CS 241, 242, 244-246, 248, 251, 253, 256. Lis pendens statute(s), Sec. 52-325 et seq. cited. Id.
Subsec. (a):
Cited. 217 C. 24, 37.
Cited. 18 CA 16, 17. Cited. 41 CA 737, 740.
Subsec. (b):
Cited. 10 CA 166. Cited. 36 CA 206-210. Cited. Id., 469-471. Cited. 41 CA 737, 738, 740-743. Cited. 45 CA 324.
Subsec. (c):
Cited. 36 CA 469, 471. Cited. 41 CA 737, 740, 741.
Sec. 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, 479-484. Sec. 52-304 et seq. cited. 209 C. 15, 19. Cited. 217 C. 24, 35, 38-40.
Cited. 39 CS 195, 196. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241, 242, 244-246, 248, 253, 256. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.
Sec. 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, 35.
Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS
241, 242, 244-246, 248, 251, 253, 256. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.
Sec. 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. Cited. 180 C. 501, 505, 507. Sec. 52-304 et seq. cited. 209 C. 15, 19. Cited. 217 C. 24, 35.
Cited. 36 CA 206, 208-210.
Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality
discussed. 42 CS 241, 242. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.
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.
Sec. 52-327. Duration and release of attachment liens on real estate. 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, endorse on the record of such attachment
the words "discharged by operation of law".
(1949 Rev., S. 8026.)
Sec. 52-304 et seq. cited. 209 C. 15, 19.
Cited. 17 CS 475. Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment;
constitutionality discussed. 42 CS 241, 242, 244-246, 248, 251, 253, 256. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.
Sec. 52-328. Duration of attachment liens after judgment. (a) Except as provided in subsection (c), no personal estate which has been attached may be held to
respond to the judgment obtained in the suit, either against the debtor or any other
creditor, unless the judgment creditor takes out an execution and has it levied on the
personal estate attached, or has demand made on the garnishee in cases of foreign attachment, within sixty days after final judgment, or, if such personal estate is encumbered
by any prior attachment, unless the execution is so levied within sixty days after such
encumbrance has been removed.
(b) No real estate that has been attached may be held subject to the attachment to
respond to the judgment obtained in the suit, either against the debtor or any other
creditor, unless the judgment creditor places a judgment lien on the real estate within
four months after a final judgment.
(c) In case of a foreign attachment against an executor, administrator or trustee in
insolvency, demand shall be made within the times limited in sections 52-389, 52-390
and 52-391.
(d) In determining the periods within which the attaching creditor is so required to
take out and levy execution, any time during which the issue or levy of an execution
may be prevented or stayed by the pendency of a writ of error, or by an injunction or
other legal stay of execution, shall be excluded from the computation.
(1949 Rev., S. 8073; P.A. 84-527, S. 14.)
History: P.A. 84-527 rephrased provisions prohibiting the holding of attached real estate to respond to a judgment
unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment and inserted
Subsec. indicators.
These periods enure successively to the benefit of each of several attaching creditors. 36 C. 582. Rights under second
attachment, when lien of first is waived or lost. 3 C. 445; 9 C. 536; 16 C. 545; Id., 573. "Final judgment" defined. 17 C.
72; 1 R. 483; 105 C. 427. Return of execution to clerk of court need not be within four months. 13 C. 11. Gives attachment
effect of lien. 85 C. 577. Lien exists from date of service. 74 C. 616. Is a lien as regards effect of foreclosure proceedings.
83 C. 514. Exception in last sentence refers to actual legal stays, not mere possibilities; hence extension of time which
might have been given for perfecting appeal not included, if not actually secured; demand necessary to support scire facias,
despite fact that garnishee has disposed of property within sixty-day period, and only debts attached can be reached by
that process. 97 C. 387. This section does not apply to filing of judgment lien certificate. 103 C. 739. Applies where bond
substituted for foreign attachment; necessity for demand within sixty days. 104 C. 281. Demand on garnishee within period
must be alleged in action of scire facias; "final judgment" is one upon which execution could be based; effect of appeal
from city court of Norwalk as stay of execution. 105 C. 427. Compensation award becomes final judgment only at end of
compensation period or when so modified as to fix a definite sum due and presently payable, and sixty-day limitation
begins to run from that date. 112 C. 370. Surety on the bond succeeds to and occupies the position of the garnishee and
seasonable demand on the surety is a prerequisite to action against him on the bond even if a notice of lien on the property
of the surety has been filed under section 49-86. 147 C. 189. Cited. 159 C. 368, 369. Cited. 187 C. 128, 141. Sec. 52-304
et seq. cited. 209 C. 15, 19. Cited. 238 C. 172.
Execution may issue in all actions in personam whether or not there has been an attachment. 11 CS 263. Cited. 17 CS
475. Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality
discussed. 42 CS 241, 242, 244-246, 248, 251, 253, 256. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.
Subsec. (a):
Cited. 238 C. 778.
Subsec. (b):
Creditor seeking to assert priority rights pursuant to section and Sec. 52-380a(b) must file a judgment lien within four
months of a trial court's final judgment in creditor's favor, regardless of possible pendency of an appeal. 238 C. 172.
Cited. 39 CA 518, 520, 521.
Subsec. (d):
Cited. 238 C. 172.