Sec. 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.)
Sec. 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.
Sec. 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 "one hundred
eighty days"; P.A. 85-346 added reference to Sec. 52-351b and deleted "postage prepaid".
Cited. 34 CA 816, 822.
Sec. 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, 32. Cited. 211 C. 485, 499. Cited. 220 C. 643, 649. An execution is to be used to enforce payment of
a valid and specific court judgment. 260 C. 766.
Cited. 15 CA 718, 719. Cited. 34 CA 816, 822.
Sec. 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.
Sec. 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.)
Sec. 52-351b. Discovery by judgment creditor. (a) A judgment creditor may obtain discovery from the judgment debtor, or from any third person the judgment creditor
reasonably believes, in good faith, may have assets of the judgment debtor, or from any
financial institution to the extent provided by this section, of any matters relevant to
satisfaction of the money judgment. The judgment creditor shall commence any discovery proceeding by serving an initial set of interrogatories, in a prescribed form containing
such questions as to the assets and employment of the judgment debtor as may be approved by the judges of the Superior Court or their designee, on the person from whom
discovery is sought. Service of an initial set of interrogatories relevant to obtaining
satisfaction of a money judgment of a small claims session of the Superior Court may
be made by sending such interrogatories by certified mail, return receipt requested, to
the person from whom discovery is sought. Questions contained in the interrogatory
form shall be in clear and simple language and shall be placed on the page in such
manner as to leave space under each question for the person served to insert such person's
answer. Such person shall answer the interrogatories and return them to the judgment
creditor within thirty days of the date of service. Interrogatories served on a judgment
debtor shall be signed by such debtor under penalty of false statement. With respect to
assets, the person served is required to reveal information concerning the amount, nature
and location of the judgment debtor's nonexempt assets up to an amount clearly sufficient in value to ensure full satisfaction of the judgment with interest and costs, provided
disclosure shall be first required as to assets subject to levy or foreclosure within the
state. If interrogatories are served on a financial institution, the financial institution shall
disclose only whether it holds funds of the judgment debtor on account and the balance
of such funds, up to the amount necessary to satisfy the judgment.
(b) The interrogatory form shall specify the names and last-known addresses of the
judgment creditor and the judgment debtor, the court in which and the date on which
the judgment was rendered, and the original amount of the judgment and the amount
due thereon. The interrogatory form shall contain a notice of rights with respect to
postjudgment interrogatories as prescribed by section 52-361b.
(c) On failure of a person served with interrogatories to return, within the thirty
days, a sufficient answer or disclose sufficient assets for execution, or on objection by
such person to the interrogatories, the judgment creditor may move the court for such
supplemental discovery orders as may be necessary to ensure disclosure including (1)
an order for compliance with the interrogatories or (2) an order authorizing additional
interrogatories. The judgment creditor may obtain discovery, including the taking of
depositions, from any person served with interrogatories in accordance with procedures
for discovery in civil actions without further order of the court. The court may order
such additional discovery as justice requires provided the order shall contain a notice
that failure to comply therewith may subject the person served to being held in contempt
of court.
(d) Any party from whom discovery is sought may seek a protective order pursuant
to section 52-400a.
(P.A. 83-581, S. 7, 40; P.A. 84-527, S. 5; P.A. 85-346, S. 2; P.A. 97-86, S. 1; P.A. 01-186, S. 6.)
History: P.A. 84-527 amended Subsec. (a) by requiring interrogatories served on a judgment debtor to be signed under
penalty of false statement and by rephrasing provision concerning the amount of a judgment debtor's assets the person
served is required to reveal, and amended Subsec. (b) by deleting a provision requiring an interrogatory form to contain a
notice of rights "If served on a judgment debtor who is a natural person"; P.A. 85-346 amended Subsec. (a) by adding
provision re service of initial set of interrogatories by court clerk; P.A. 97-86 amended Subsec. (c) by deleting former
Subdiv. (2) which had authorized the creditor to move for "an order for production or for examination of the judgment
debtor or third person, provided any examination shall be conducted before the court", designating as new Subdiv. (2)
provision allowing the creditor to move for an order authorizing additional interrogatories, formerly part of Subdiv. (1),
adding provision authorizing the judgment creditor to obtain discovery from any person served with interrogatories without
further order of the court and authorizing the court to order such "additional" discovery as justice requires and making a
technical change; P.A. 01-186 amended Subsec. (a) by eliminating provisions re service of initial set of interrogatories
may be made upon request of judgment creditor and re payment of five dollars by judgment creditor for each mailing
requested and by making technical changes for purposes of gender neutrality.
Cited. 240 C. 623.
Subsec. (a):
Cited. 240 C. 623.
Subsec. (c):
Subdiv. (2) cited. 240 C. 623.
Subsec. (d):
Cited. 240 C. 623.
Sec. 52-352. Property exempt from attachment and execution. Section 52-352
is repealed.
(1949 Rev., S. 8104; P.A. 74-64; P.A. 77-466, S. 4.)
Sec. 52-352a. Definitions for exempt property provisions. For the purposes of
this section and sections 52-352b and 52-353, the following terms shall have the following meanings:
(a) "Value" means fair market value of the exemptioner's equity or unencumbered
interest in the property;
(b) "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;
(c) "Exempt" means, unless otherwise specified, not subject to any form of process
or court order for the purpose of debt collection;
(d) "Exemptioner" means the natural person entitled to an exemption under this
section or section 52-352b;
(e) "Homestead" means owner-occupied real property 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.)
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.
Cited. 178 C. 675, 678, 680, 685-688.
Subdiv. (c):
Cited. 178 C. 675, 686.
Sec. 52-352b. Exempt property. The following property of any natural person
shall be exempt:
(a) Necessary apparel, bedding, foodstuffs, household furniture and appliances;
(b) Tools, books, instruments, farm animals and livestock feed, which are necessary
to the exemptioner in the course of his or her occupation, profession or farming operation;
(c) Burial plot for the exemptioner and his or her immediate family;
(d) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program;
(e) Health and disability insurance payments;
(f) Health aids necessary to enable the exemptioner to work or to sustain health;
(g) Workers' compensation, Social Security, veterans and unemployment benefits;
(h) Court approved payments for child support;
(i) Arms and military equipment, uniforms or musical instruments owned by any
member of the militia or armed forces of the United States;
(j) One motor vehicle to the value of one thousand five hundred dollars, provided
value shall be determined as the fair market value of the motor vehicle less the amount
of all liens and security interests which encumber it;
(k) Wedding and engagement rings;
(l) Residential utility deposits for one residence, and one residential security deposit;
(m) Any assets or interests of an exemptioner in, or payments received by the exemptioner from, a plan or arrangement described in section 52-321a;
(n) Alimony and support, other than child support, but only to the extent that wages
are exempt from execution under section 52-361a;
(o) An award under a crime reparations act;
(p) All benefits allowed by any association of persons in this state towards the
support of any of its members incapacitated by sickness or infirmity from attending to
his usual business;
(q) All moneys due the exemptioner from any insurance company on any insurance
policy issued on exempt property, to the same extent that the property was exempt;
(r) Any interest of the exemptioner in any property not to exceed in value one thousand dollars;
(s) Any interest of the exemptioner not to exceed in value four thousand dollars in
any accrued dividend or interest under, or loan value of, any unmatured life insurance
contract owned by the exemptioner under which the insured is the exemptioner or an
individual of whom the exemptioner is a dependent;
(t) The homestead of the exemptioner to the value of seventy-five thousand dollars,
or, in the case of a money judgment arising out of services provided at a hospital, to the
value of one hundred twenty-five thousand dollars, provided value shall be determined
as the fair market value of the real property less the amount of any statutory or consensual
lien which encumbers it; and
(u) Irrevocable transfers of money to an account held by a bona fide nonprofit debt
adjuster licensed pursuant to sections 36a-655 to 36a-665, inclusive, for the benefit of
creditors of the exemptioner.
(P.A. 77-466, S. 2; P.A. 79-376, S. 72; P.A. 83-581, S. 25, 40; P.A. 91-239, S. 3, 4 P.A. 92-94, S. 2, 4; P.A. 93-301, S.
2, 3; 93-350; P.A. 03-266, S. 8.)
History: P.A. 79-376 substituted "workers' compensation" for "workmen's compensation" in Subdiv. (g); P.A. 83-581
specified that the exempt property was that "of any natural person", added Subsecs. (j) to (o), formerly Sec. 52-352c, and
added Subsecs. (p) and (q), formerly Sec. 52-354; P.A. 91-239 amended Subsec. (m) by deleting former provision re
payments received by exemptioner under profit-sharing, pension, stock bonus, annuity or similar retirement plan and added
new provision re assets or interests of exemptioner in, or payments received by the exemptioner from, a plan or arrangement
described in Sec. 52-321a; P.A. 92-94 added livestock feed to the exempt property listed in Subsec. (b) and specified that
such property used in the course of farming operation is exempt; P.A. 93-301 added Subdiv. (r) re any interest of exemptioner
in any property not to exceed one thousand dollars, added Subdiv. (s) re interest in exemptioner not to exceed four thousand
dollars in any accrued dividend or interest under, or loan value of any unmatured life insurance contract owned by exemptioner under which insured is exemptioner or individual of whom exemptioner is dependent and added Subdiv. (t) re
homestead of exemptioner to value of seventy-five thousand dollars, provided value is fair market value less any statutory
or consensual lien, effective October 1, 1993, and applicable to any lien for any obligation or claim arising on or after said
date; P.A. 93-350 added Subdiv. (r) (codified as Subdiv. (u)) re exemption of irrevocable transfers of money to an account
held by a bona fide nonprofit debt adjuster licensed pursuant to Ch. 655 for benefit of creditors of exemptioner; P.A. 03-266 amended Subsec. (t) by adding homestead exemption of one hundred twenty-five thousand dollars for a money judgment arising out of hospital services.
Cited. 178 C. 675, 678, 680, 685-688. Cited. 222 C. 361, 365-367. Cited. 238 C. 778. P.A. 91-239 cited. Id.
Cited. 22 CA 260-262. Trial court improperly created an exemption not provided by statute. 49 CA 503.
Subdiv. (b):
Cited. 222 C. 361, 365.
Subdiv. (e):
Cited. 22 CA 260, 261.
Subdiv. (h):
Cited. 178 C. 675, 682.
Subdiv. (n):
Cited. 33 CA 365, 366.
Subdiv. (t):
If prejudgment remedies are possible only to extent of equity in family home, the homestead exemption attachment as
means of debt collection would be of limited use. 47 CS 590.
Sec. 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.)
See Sec. 52-352b re exempt property.
Sec. 52-352d. Exempt property of farm partnership. (a) As used in this section,
"exempt" shall have the same meaning as set forth 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.)
Sec. 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 260-262.
Secs. 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.)
See Sec. 52-352b re exempt property.
Sec. 52-355a. Judgment lien on personal property. (a) Except in the case of a
consumer judgment, a judgment lien, securing the unpaid amount of any money judgment, including interest and costs, may be placed on any nonexempt personal property
in which, by a filing in the office of the Secretary of the State, a security interest could
be perfected under title 42a. The judgment lien shall be created by filing a judgment
lien certificate in the office of the Secretary of the State. For purposes of this section,
the judgment lien shall be filed as if the debtor were located in this state. However, in
the case of a debtor who is not located in this state, the judgment lien shall be effective
only as to the debtor's tangible personal property that is located in this state.
(b) The judgment lien certificate shall: (1) Be signed by the judgment creditor or
his attorney or personal representative; (2) state the names and last-known addresses of
the judgment creditor and judgment debtor, the court in which and the date on which
the judgment was rendered, and the original amount of the money judgment and the
amount due thereon; and (3) describe the personal property on which the lien is to be
placed.
(c) Any such judgment lien shall be effective, in the same manner and to the same
extent as a similar security interest under the provisions of title 42a, for five years from
the date of filing, provided the filing shall not give the judgment creditor any right to
take possession of the personal property on which the lien has been placed other than
by writ of execution or other judicial process. The lien may be extended for additional
five-year periods in the same manner as a financing statement may be extended but shall
not be extended beyond the period of enforceability of the judgment. Any such property
on which a lien has been placed may be executed against and levied on by the judgment
creditor in the same manner as other personal property of the judgment debtor. The fact
that a judgment creditor has no right under this subsection to take possession of the
personal property on which the lien has been placed other than by writ of execution or
other judicial process shall not be a defense in a conversion action brought by such
judgment creditor for impairment of such judgment lien.
(d) A judgment lien certificate under this section shall be recorded and indexed in
the same manner as financing statements filed with the office of the Secretary of the
State pursuant to title 42a. On filing, the Secretary of the State shall provide information
as to and copies of any such judgment lien certificate, or any release thereof, in the same
manner that information and copies are provided with respect to a financing statement.
The Secretary of the State shall charge the same fees for filing, for inspection of, for
release of, and for information relating to or copies of, such a judgment lien certificate
as are charged with respect to a financing statement and may destroy records of lapsed
liens and of releases thereof in the same manner as if such judgment lien certificate was
a financing statement.
(P.A. 83-581, S. 8, 40; P.A. 84-527, S. 6; P.A. 01-132, S. 174; P.A. 03-62, S. 24.)
History: P.A. 84-527 amended Subsec. (c) to authorize the extension of the lien for additional five-year periods but not
beyond the period of enforceability of the judgment; P.A. 01-132 amended Subsec. (a) to add provision that the judgment
lien shall be filed as if the debtor were located in this state and, in the case of a debtor who is not located in this state, the
judgment lien shall be effective only as to the debtor's tangible personal property located in this state; P.A. 03-62 amended
Subsec. (c) to replace reference to "the property" with reference to "the personal property" and to add provision re the fact
that a judgment creditor has no right to take possession of the liened personal property other than by writ of execution or
other judicial process shall not be a defense in a conversion action brought by the judgment creditor for impairment of the
judgment lien.
Cited. 38 CA 44, 47.
Subsec. (c):
Cited. 38 CA 44, 56.
Sec. 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.)
See Sec. 52-356a re execution against certain nonexempt property.
Sec. 52-356a. Execution against certain nonexempt personal property.
(a) Procedure. Levying officer's responsibilities. (1) On application of a judgment
creditor or his attorney, stating that a judgment remains unsatisfied and the amount due
thereon, and subject to the expiration of any stay of enforcement and expiration of any
right of appeal, the clerk of the court in which the money judgment was rendered shall
issue an execution pursuant to this section against the nonexempt personal property of
the judgment debtor other than debts due from a banking institution or earnings. The
application shall be accompanied by a fee of thirty-five dollars payable to the clerk of
the court for the administrative costs of complying with the provisions of this section
which fee may be recoverable by the judgment creditor as a taxable cost of the action.
In the case of a consumer judgment, the application shall indicate whether, pursuant to
an installment payment order under subsection (b) of section 52-356d, the court has
entered a stay of execution and, if such a stay was entered, shall contain a statement of
the judgment creditor or his attorney as to the debtor's default on payments. In the case
of a judgment arising out of services provided at a hospital, no application shall be made
until the court has (A) issued an order for installment payments in accordance with
section 52-356d, (B) made a finding that the debtor has defaulted on payments under
the order, and (C) lifted the mandatory stay issued under section 52-356d. The court
shall make a determination concerning noncompliance or default, and decide whether
to modify the installment payment plan, continue the installment payment plan, or lift
the stay. The execution shall be directed to any levying officer.
(2) The property execution shall require a proper levying officer to enforce the
money judgment and shall state the names and last-known addresses of the judgment
creditor and judgment debtor, the court in which and the date on which the money
judgment was rendered, the original amount of the money judgment and the amount
due thereon, and any information which the judgment creditor considers necessary or
appropriate to identify the judgment debtor. The property execution shall notify any
person served therewith that the judgment debtor's nonexempt personal property is
subject to levy, seizure and sale by the levying officer pursuant to the execution and, if
the judgment debtor is a natural person, shall be accompanied by a notice of judgment
debtor rights as prescribed by section 52-361b and a notice to any third person of the
manner, as prescribed by subdivision (4) of this subsection, for complying with the
execution.
(3) A property execution shall be returned to court within four months after issuance.
The untimely return of a property execution more than four months after issuance shall
not of itself invalidate any otherwise valid levy made during the four-month period.
(4) The levying officer shall personally serve a copy of the execution on the judgment debtor and make demand for payment by the judgment debtor of all sums due under
the money judgment. On failure of the judgment debtor to make immediate payment, the
levying officer shall levy on nonexempt personal property of the judgment debtor, other
than debts due from a banking institution or earnings, sufficient to satisfy the judgment,
as follows:
(A) If such nonexempt personal property is in the possession of the judgment debtor,
the levying officer shall take such property into his possession as is accessible without
breach of the peace;
(B) With respect to a judgment debtor who is not a natural person, if such personal
property, including any debt owed, is in the possession of a third person, the levying
officer shall serve that person with a copy of the execution and that person shall forthwith
deliver the property or pay the amount of the debt due or payable to the levying officer,
provided, if the debt is not yet payable, payment shall be made when the debt matures
if within four months after issuance of the execution;
(C) With respect to a judgment debtor who is a natural person, if such personal
property, including any debt owed, is in the possession of a third person, the levying
officer shall serve that person with two copies of the execution, required notices and
claim forms. On receipt of such papers, the third person shall forthwith mail a copy
thereof postage prepaid to the judgment debtor at the last-known address of record with
the third person and shall withhold delivery of the property or payment of the debt due
to the levying officer or any other person for twenty days. On expiration of the twenty
days, the third person shall forthwith deliver the property or pay the debt to the levying
officer provided (i) if an exemption claim has been filed in accordance with subsection
(d) of section 52-361b, the property shall continue to be withheld subject to determination of the claim, and (ii) if a debt is not yet payable, payment shall be made when the
debt matures if within four months after issuance of the execution.
(5) Levy under this section on property held by, or a debt due from, a third person
shall bar an action for such property against the third person provided the third person
acted in compliance with the execution.
(6) If the levying officer cannot remove any property on which he seeks to levy
without the danger of injury thereto, he may levy on and take possession of the property
by posting on or adjacent to the property a conspicuous notice of the levy.
(7) Subject to the provisions of section 52-328, if the property to be executed against
is already subject to an attachment, garnishment or judgment lien of the judgment creditor as security for that judgment, the priority of the execution shall hold from the date of
perfecting of the attachment, garnishment or other lien. A sale pursuant to the execution
forecloses any interest acquired as a result of the attachment, garnishment or judgment lien.
(8) If the judgment debtor has left the state prior to service of the execution or if he
cannot otherwise be found with reasonable effort at his last-known address in this state,
the levying officer shall proceed with the levy after (A) making demand for payment
at such last-known address and on any agent or attorney of the judgment debtor of record
with the clerk of the Superior Court, and (B) making a reasonable effort to ascertain
and provide notice of the execution at any forwarding address.
(b) Sale. (1) The judgment debtor's interest in personal property levied on pursuant
to an execution, other than any money so obtained, shall be sold by the levying officer,
or by an indifferent person deputed to act on his behalf, or by such other levying officer
as the court in which the money judgment was rendered directs, in accordance with
subdivisions (2) and (3) of this subsection. The sale shall be held at such time and place
and in such manner as is commercially reasonable. The sale shall be subject to, and shall
not affect, any secured interests, including any such liens, that are senior in right to the
execution. No sale may be made to any levying officer, or to his agent or associate. The
property shall be present and within view of those attending the sale unless otherwise
ordered by the court.
(2) Notice of the time and place of sale and of the name and address of the levying
officer shall be (A) sent by first class mail, postage prepaid, to the judgment debtor and
to each holder of a lien or other secured interest in the property at their last-known
addresses and (B) posted in the office of the town clerk in the town where the property
is to be sold. On application of the judgment debtor or any other party in interest, the
court may order further notice to be given, by publication or otherwise.
(3) Notice shall be given at least twenty days prior to the date of sale unless the
property is perishable or threatens to decline speedily in value. If the property is perishable or threatens to decline speedily in value, the court, on application of any party or
of the levying officer, may, ex parte, order shorter notice.
(c) Advertisement of sale. In addition to the notice of sale required by this section,
the judgment creditor or levying officer may advertise in the legal or classified advertising section of any publication and recover any reasonable costs therefor. The judgment
debtor may advertise the sale at his own expense.
(d) Distribution of sale proceeds. All amounts received from the sale, and all other
money received, shall be distributed subject to the supervision of the court according
to the following priorities: (1) To all reasonable and necessary costs of sale; (2) to other
legal costs of levy including the levying officer's fees of five per cent of the amount
realized; (3) to payment of the judgment creditor pursuant to the judgment under which
the sale was held or the money received; (4) to payment of any subordinate secured
parties or lienors who make a written demand to the levying officer prior to the sale,
according to their respective interests, and to any other judgment creditors presenting
an execution to the levying officer, in the order of presentation; and (5) to payment to
the judgment debtor.
(e) Statement of officer's fees. Prior to return of a satisfied or partially satisfied
execution, a levying officer shall sign and give the judgment debtor, on demand and
without fee, an itemized statement of his fees. On his failure to comply with this provision, the levying officer shall forfeit to the judgment debtor three times the amount of
his fees.
(f) Record of satisfaction. On return of an execution, the clerk of the court shall
note on the record of the judgment whether, or to what extent, the judgment was satisfied.
(g) Completion of levy. Any levy commenced prior to the expiration of the levying
officer's term of office may be completed notwithstanding the expiration of that term.
(P.A. 83-581, S. 9, 40; P.A. 84-527, S. 15; P.A. 85-613, S. 131, 154; May Sp. Sess. P.A. 92-6, S. 79, 117; May 9 Sp.
Sess. P.A. 02-1, S. 106; P.A. 03-2, S. 46; 03-266, S. 9.)
History: P.A. 84-527 amended Subsec. (b) to delete provision that notice "is completed from the date of mailing"; P.A.
85-613 made technical change, restoring language inadvertently omitted through computer error; May Sp. Sess. P.A. 92-6 amended Subsec. (a)(1) to raise fee from six to ten dollars; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a)(1) to raise
application fee from ten to twenty dollars, effective July 1, 2002; P.A. 03-2 amended Subsec. (a)(1) to increase application
fee from twenty to thirty-five dollars, effective February 28, 2003; P.A. 03-266 amended Subsec. (a) by adding provisions
re application in case of a judgment arising out of hospital services and determination by court re noncompliance or default
in Subdiv. (1) and by making technical changes in Subdivs. (4)(C) and (8).
Annotations to former section 52-356:
Demand must be made of each debtor, if more than one. 4 C. 370. Sheriff cannot be the purchaser. 5 C. 479. Sale of
property not liable to levy passes no title; 16 C. 147; 28 C. 525; and purchaser can recover back the price, if not paid over.
32 C. 102, 104. In levying an execution, the course prescribed by law must be strictly pursued. 65 C. 524. Execution sale
must be made "at the end of fourteen days"; this requirement is mandatory, and, unless followed, the purchaser gains no
title. Id. Demand on execution against a corporation may be made on its secretary wherever he is found. 86 C. 621. Effect
of levying where judgment has been discharged but not released or where judgment creditor is dead. 79 C. 682. Liability
of judgment creditor who directs wrongful levy. 72 C. 243. Demand where attachment has been dissolved by bond. 86 C.
615. Intoxicating liquors, if in lawful possession of their owner, may be levied upon by a sheriff. 108 C. 668. An execution
is not limited to that which is attached and may exist where an attachment cannot be made. Execution can be levied upon
the body where personal estate sufficient to satisfy the judgment cannot be found, unless the body is exempt by law. 111
C. 228, 229. This statute has no application to an execution of ejectment on a foreclosure judgment. 114 C. 432, 436.
Creditor need not elect between a body execution and an execution against property. 135 C. 595. Execution on in personam
judgment of federal court in admiralty case must comply with this section. 151 C. 384.
Cited. 2 CS 51; 16 CS 244.
Annotations to present section:
Cited. 225 C. 705, 709, 723.
Negotiated settlement with two defendants after the judgment of strict foreclosure renders it inequitable to allow a
plaintiff to execute on defendant's property. 50 CA 289.
Subsec. (a):
Cited. 217 C. 507, 511.
Sec. 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), 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.)
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".
Cited. 217 C. 507, 512. Cited. 240 C. 343.
Cited. 38 CA 44, 45, 47.
Sec. 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, 607. Cited. 217 C. 507, 513. Cited. 222 C. 793, 794, 796-798. Cited. 240 C. 343.
Cited (as P.A. 83-581, S. 11(a)). 1 CA 291, 294. Cited. 4 CA 319.
Subsec. (a):
Cited. 222 C. 793, 796.
Subsec. (b):
Cited. 222 C. 793, 796.
Subsec. (c):
Cited. 222 C. 793, 796.
Sec. 52-356d. Installment payment order. (a) When a judgment is rendered
against a natural person, the judgment creditor or judgment debtor may move the court
for an order for installment payments in accordance with a money judgment. After
hearing and consideration of the judgment debtor's financial circumstances, the court
may order installment payments reasonably calculated to facilitate payment of the
judgment.
(b) In the case of a consumer judgment, the court may provide that compliance with
the installment payment order, other than with an order for nominal payments pursuant
to subsection (c) of this section, shall stay any property execution or foreclosure pursuant
to that judgment, provided such a stay is reasonable considering the nature of the debt
and the financial circumstances of the judgment debtor. In the case of a judgment arising
out of services provided at a hospital, the court shall provide that compliance with the
installment payment order shall stay any property execution or foreclosure pursuant to
that judgment, including, but not limited to, execution on wages, execution on bank
accounts, and execution on or foreclosure of real property.
(c) Notwithstanding the hearing requirement of subsection (a) of this section, on
motion of the judgment creditor for an order of nominal payments, the court shall issue
ex parte, without hearing, an order for nominal installment payments. The amount which
shall constitute an order of nominal payments shall be set by the judges of the Superior
Court. Such an order for nominal payments may be modified on motion of either party
after hearing and consideration of the judgment debtor's financial circumstances.
(d) An installment payment order shall not be enforced by contempt proceedings,
but on the judgment debtor's default on payments thereon, the judgment creditor may
apply for a wage execution pursuant to section 52-361a.
(e) Interest on a money judgment shall continue to accrue under any installment
payment order on such portion of the judgment as remains unpaid.
(f) On motion of either party and after notice and hearing or pursuant to a stipulation,
the court may make such modification of an installment payment order as is reasonable.
(P.A. 83-581, S. 12, 40; P.A. 03-266, S. 10.)
History: P.A. 03-266 amended Subsec. (b) by adding provisions re judgment arising out of hospital services.
Use of term "order" discussed. 246 C. 183.
Subsec. (a):
Cited. 33 CA 395, 399.
Court may consider other factors beyond debtor's weekly salary when entering an installment pay order. 47 CS 291.
Secs. 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.)
See Sec. 52-356a re execution against certain nonexempt personal property.
See Sec. 52-361a re execution on wages after judgment.
Sec. 52-361a. Execution on wages after judgment. (a) Application. If a judgment debtor fails to comply with an installment payment order, the judgment creditor
may apply to the court for a wage execution. The application shall contain the judgment
creditor's or his attorney's statement setting forth the particulars of the installment payment order and of the judgment debtor's failure to comply. The application shall be
accompanied by a fee of thirty-five dollars payable to the clerk of the court for the
administrative costs of complying with the provisions of this section which fee may be
recoverable by the judgment creditor as a taxable cost of the action.
(b) Issuance. On receipt of the application, a clerk of the Superior Court shall issue
a wage execution against the judgment debtor, directed to a levying officer, to enforce
payment of the judgment.
(c) Contents. The wage execution shall state (1) the names and last-known addresses of the judgment creditor and judgment debtor, (2) the court in which and the
date on which the money judgment was rendered, (3) the original amount of the money
judgment and the amount due thereon, (4) any limitation on the execution ordered by
the court pursuant to a motion for modification thereof, (5) the portion of the judgment
debtor's earnings which are subject to levy thereunder, or the information necessary to
determine such portion, and (6) any information which the judgment creditor provides
to identify the judgment debtor's employer. The wage execution shall notify any employer of the manner prescribed by this section for complying with the execution and
shall be accompanied by a notice of judgment debtor rights and a claim form as prescribed by section 52-361b.
(d) Levy. The levying officer shall levy on all earnings which are due or become
due to the judgment debtor to the extent specified in the wage execution plus the levying
officer's fee and costs, until the judgment is satisfied, or the execution is modified or
set aside, by serving the employer with the wage execution, the required notice of rights
and the claim forms. On receipt thereof, the employer shall forthwith deliver a copy
thereof to the judgment debtor, or mail such copy postage prepaid to the judgment debtor
at his last-known address. On service of the wage execution on the employer, the wage
execution shall automatically be stayed for a period of twenty days and shall thereafter
immediately become a lien and continuing levy on such portion of the judgment debtor's
earnings as is specified in the wage execution, provided if a claim is filed in accordance
with subsection (d) of section 52-361b within twenty days of such service on the employer, the stay shall continue until determination of the claim. Any service of process
or other notice required under this section may be made in accordance with section 52-57 or by certified mail, return receipt requested, provided a levying officer may make
such service by mail only to an address within such officer's appointed jurisdiction.
(e) Service and return. A wage execution shall be served within one year from its
issuance and returned within thirty days from the satisfaction of the judgment.
(f) Amount subject to levy. The maximum part of the aggregate weekly earnings
of an individual which may be subject under this section to levy or other withholding
for payment of a judgment is the lesser of (1) twenty-five per cent of his disposable
earnings for that week, or (2) the amount by which his disposable earnings for that week
exceed forty times the higher of (A) the minimum hourly wage prescribed by Section
6(a)(1) of the Fair Labor Standards Act of 1938, USC Title 29, Section 206(a)(1), or
(B) the full minimum fair wage established by subsection (j) of section 31-58, in effect
at the time the earnings are payable. Unless the court provides otherwise pursuant to a
motion for modification, the execution and levy shall be for the maximum earnings
subject to levy and shall not be limited by the amount of the installment payment order.
Only one execution under this section shall be satisfied at one time. Priority of executions
under this section shall be determined by the order of their presentation to the employer.
(g) Employer responsibilities. Any employer served with a wage execution, including the state and any municipality, shall, upon expiration of the automatic stay of
execution and subject to any further stay pursuant to a claim, pay over to the levying
officer such portion of the judgment debtor's nonexempt earnings as the execution prescribes until the judgment is satisfied or the execution modified or set aside. The payments to the levying officer in compliance with the execution shall bar any action against
the employer for such payments. If the employer fails or refuses to pay the earnings
levied against to the levying officer, the employer may be subjected to a turnover order
pursuant to section 52-356b and, on a finding of contempt, may be held liable to the
judgment creditor for any amounts which he has so failed or refused to pay over. Any
amount so recovered by the judgment creditor shall be applied toward payment of the
judgment.
(h) Modification. Either party may apply at any time to the court which issued the
wage execution for a modification of the execution. After notice and hearing or pursuant
to a stipulation, the court may make such modification of the execution as is reasonable.
(i) Assignment of earnings. Any assignment by an employee of his earnings shall
be void except (1) payments due for support in public welfare cases and payments
pursuant to a family support judgment, and (2) deductions for union dues and initiation
fees in accordance with the terms of a duly executed contract between an employer and
his employees or a collective bargaining agent or in accordance with a duly executed
authorization signed by the employee for the payment of such dues or initiation fees or
both to such collective bargaining agent.
(j) Unlawful discipline, suspension or discharge. Notwithstanding any other provision of the general statutes to the contrary, no employer may discipline, suspend or
discharge an employee because of any wage execution against the employee unless the
employer is served with more than seven wage executions against the employee in a
calendar year. An employer who violates this subsection shall be liable to the employee
for all earnings and all employment benefits lost by the employee from the time of the
unlawful discipline, suspension or discharge to the time of reinstatement.
(k) Status of defendant. Notwithstanding any provision of law, the remedy provided by this section shall be available to any judgment creditor and the status of the
defendant as an elected or appointed official of any branch of the government of this
state may not be interposed as a defense.
(P.A. 83-581, S. 13, 40; P.A. 84-527, S. 9; P.A. 87-196, S. 2; May Sp. Sess. P.A. 92-6, S. 80, 117; P.A. 97-132, S. 8;
May 9 Sp. Sess. P.A. 02-1, S. 107; P.A. 03-2, S. 47; 03-107, S. 9; 03-224, S. 11.)
History: P.A. 84-527 amended Subsec. (d) by providing that the execution is automatically stayed on service of the
execution "on the employer" and that the stay continues if a claim is filed "within twenty days of such service on the
employer" and by replacing references to "exemption claim" and "exemption" with "claim"; P.A. 87-196 amended Subsec.
(f) by changing amount subject to levy by deleting "federal" and adding "the higher of (A)" and adding "or (B) the full
minimum fair wage established by subsection (j) of section 31-58"; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to raise
fee from six to ten dollars; P.A. 97-132 added Subsec. (k) re remedy of section available to any judgment creditor and
status of defendant as elected or appointed official not a defense; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to raise
application fee from ten to twenty dollars, effective July 1, 2002; P.A. 03-2 amended Subsec. (a) to increase application
fee from twenty to thirty-five dollars, effective February 28, 2003; P.A. 03-107 made a technical change in Subsec. (i),
effective June 18, 2003; P.A. 03-224 amended Subsec. (d) by adding provision re levying officer's fee and costs, deleting
provision re service of two copies of wage execution, adding provisions re service or notice in accordance with Sec. 52-57 or by certified mail, return receipt requested, and making technical changes, effective July 2, 2003.
Annotations to former statute:
Assignment of wages held valid. 45 C. 562; change in firm membership held to invalidate assignment. 46 C. 324.
"Earnings" equivalent to wages and does not include money due under contract. 76 C. 480. The provision that only one
execution against wages at one time shall be satisfied is plain and unambiguous. Statute does not contemplate that debtor
receive only twenty-five dollars a week and that additional executions may be levied on the excess. 143 C. 191. Cited. 144
C. 389.
An order will not issue requiring a defendant to show cause why he should not make weekly payments where the
plaintiff had not proceeded under this section. 12 CS 155.
Cited. 4 Conn. Cir. Ct. 395. Wages cannot be attached in Connecticut. They can be taken only upon execution after
judgment and only to extent of certain proportion of earnings, as fixed by statute. Garnishment of one's bank account by
process of foreign attachment, pursuant to section 52-329, is not attachment of wages. 6 Conn. Cir. Ct. 103, 106. Cited.
Id., 287.
Subsec. (a):
Does not authorize contempt procedure. 17 CS 296.
Provision that officer should "make service upon the defendant only" not to be construed to mean a wage payment
order cannot be made in a case where there has been an attachment. By using word "only" as it did, legislature meant that
no one besides defendant should be served. 3 Conn. Cir. Ct. 89, 90.
Subsec. (b):
Cited. 12 CS 80.
Subsec. (d):
Cited. 12 CS 80.
Subsec. (e):
Employer not subject to penalty prescribed in failing to honor the execution where employee misnamed. 12 CS 80.
Subsec. (g):
No written assignment of wages necessary for union to withhold from employee member. 15 CS 37.
Annotations to former section 52-361:
Dissent (2 justices) held that execution against pension benefits for family support should be limited by this section
since Sec. 52-352c(d) exemption exception applies to this section only. 178 C. 675-688.
Cited. 37 CS 566, 568, 569.
Annotation to present section:
Cited. 22 CA 260, 261. Cited. 33 CA 395-397, 400.
Subsec. (a):
Cited. 33 CA 395, 399.
Subsec. (b):
Cited. 33 CA 395, 398, 399, 401.
Subsec. (d):
Cited. 33 CA 395, 399.
Subsec. (f):
Cited. 33 CA 365, 366. Cited. Id., 395, 398, 400.
Subsec. (g):
Cited. 34 CA 816, 822.
Subsec. (h):
Power to modify pursuant to the section does not include the power to vacate. 33 CA 395, 397, 398, 400, 401.
Sec. 52-361b. Notification of judgment debtor's rights. Claim for exemption
or modification. (a) A property execution pursuant to section 52-356a to be levied
on property of a judgment debtor who is a natural person shall be accompanied by a
conspicuous notice in clear and simple language of judgment debtor rights, on a prescribed exemption claim form containing (1) a checklist and description of the most
common classes of personal property which are exempt from execution, with a citation
to the statutory authority for each class, (2) the name and address of the third person, if
any, served with the execution, and a statement of the procedure, pursuant to this section,
for claiming such an exemption and the time within which such a claim should be made,
(3) a statement of the right of consumer judgment debtors to request an installment
payment order staying execution pursuant to section 52-356d, and (4) a statement that
pursuant to section 52-212, a judgment debtor may, for reasonable cause, move that the
judgment be set aside within four months of rendition.
(b) A wage execution shall be accompanied by a conspicuous notice in clear and
simple language of judgment debtor rights, on a prescribed exemption claim form containing (1) a checklist and description of the most common classes of earnings which
are exempt from execution, with a citation to the statutory authority for each class, and
a statement of the procedure, pursuant to this section, for claiming such an exemption,
(2) a statement of the specific dollar amount of the statutory exemption of earnings from
execution pursuant to subdivision (2) of subsection (f) of section 52-361a and a statement
that the weekly amount of the levy may not exceed twenty-five per cent of the employee's
weekly disposable earnings, (3) notice to the judgment debtor that he may seek modification of the execution as provided by subsection (d) of this section, and (4) notice that
pursuant to section 52-212 a judgment debtor may, for reasonable cause, move that the
judgment be set aside within four months of rendition.
(c) The form for initial interrogatories prescribed by section 52-351b shall be accompanied by a conspicuous notice of rights in clear and simple language, (1) notifying
the person served that with respect to assets, he is required to reveal information concerning the amount, nature and location of the judgment debtor's assets up to an amount
clearly sufficient in value to ensure full satisfaction of the judgment with interest and
costs and that pursuant to section 52-400a he may apply to the court for protection from
annoyance, embarrassment, oppression, or undue burden or expense, and (2) containing
a list and description of the most common classes of personal property which are exempt
from execution, with a citation to the statutory authority for each class.
(d) Except as provided in section 52-367b, a judgment debtor may claim an exemption as to property or earnings sought to be levied on, or may seek a modification of a
wage execution, in a supplemental proceeding to the original action by return of a signed
exemption claim form, indicating the property or earnings claimed to be exempt or the
nature of the claim for modification being made, the class of any exemption claimed,
and the name and address of any employer, or other person holding such property or
earnings, to the Superior Court. Any claim with respect to a personal property execution
under section 52-356a shall be returned within twenty days after levy on such property.
On receipt of the claim, the clerk of the court shall promptly set the matter for a short
calendar hearing and give notice of the exemption or modification claimed and the
hearing date to all parties and to any employer or other third person holding such property
or earnings.
(e) Pending the hearing, the execution against the property shall be stayed. Such
property, other than earnings, shall continue to be held by the person in possession
subject to the determination of the court. No earnings claimed to be exempt or subject
to a claim for modification may be withheld from any employee until determination of
the claim.
(f) The court shall promptly hear and determine all such claims.
(g) Failure by a judgment debtor to file a claim under this section shall not relieve
the judgment creditor or levying officer from liability for return of any exempt property
which has been levied on or for payment to the judgment debtor of any proceeds realized
from the sale thereof, provided title to any such exempt property sold at an execution
sale shall remain in any bona fide purchaser thereof.
(h) If a levying officer is in doubt as to whether certain property necessary to satisfy
a judgment is exempt, he may certify the question of exemption to the court for a hearing
and determination pursuant to this section.
(P.A. 83-581, S. 23, 40; P.A. 84-527, S. 12; 84-546, S. 114, 173.)
History: P.A. 84-527 rephrased Subsecs. (c) and (d); P.A. 84-546 made technical change in Subsec. (b).
Subsec. (d):
Cited. 33 CA 395, 400.
Sec. 52-362. Income withholding and unemployment compensation for support. (a) For purposes of this section:
(1) "Dependent" means a spouse, former spouse or child entitled to payments under
a support order, provided Support Enforcement Services of the Superior Court or the
state acting under an assignment of a dependent's support rights or under an application
for child support enforcement services shall, through an officer of Support Enforcement
Services or the Bureau of Child Support Enforcement within the Department of Social
Services or an investigator of the Department of Administrative Services or the Attorney
General, take any action which the dependent could take to enforce a support order;
(2) "Disposable earnings" means that part of the earnings of an individual remaining
after deduction from those earnings of amounts required to be withheld for the payment
of federal, state and local income taxes, employment taxes, normal retirement contributions, union dues and initiation fees, and group life and health insurance premiums;
(3) "Earnings" means any debt accruing to an obligor by reason of such obligor's
personal services, including any compensation payable by an employer to an employee
for such personal services whether denominated as wages, salary, commission, bonus
or otherwise, including unemployment compensation if a purchase of service agreement
between the Commissioner of Social Services and the Labor Commissioner is in effect
pursuant to subsection (e) of section 17b-179;
(4) "Employer" means any person, including the Labor Commissioner, who owes
earnings to an obligor;
(5) "Income" means any periodic form of payment due to an individual, regardless
of source, including, but not limited to, disposable earnings, workers' compensation and
disability benefits, payments pursuant to a pension or retirement program and interest;
(6) "Obligor" means a person required to make payments under a support order;
(7) "Support order" means a court order, or order of a family support magistrate
including an agreement approved by a court or a family support magistrate, that requires
the payment to a dependent of either current support payments, payments on an arrearage, or both;
(8) "Unemployment compensation" means any compensation payable under chapter 567, including amounts payable by the administrator of the unemployment compensation law pursuant to an agreement under any federal law providing for compensation,
assistance or allowances with respect to unemployment.
(b) The Superior Court and any family support magistrate shall issue an order for
withholding pursuant to this section against the income of an obligor to enforce a support
order when the support order is entered or modified or when the obligor is before the
court in an enforcement proceeding. The court shall order the withholding to be effective
immediately or may, for cause or pursuant to an agreement by the parties, order a contingent withholding to be effective only on accrual of a delinquency in an amount greater
than or equal to thirty days' obligation. Any finding that there is cause not to order
withholding to be effective immediately shall be based on at least (1) a written determination that, and explanation by the court or family support magistrate of why, implementing
immediate income withholding would not be in the best interests of the child, and (2)
proof of timely payment of previously ordered support in cases involving the modification of such support. Before the court or family support magistrate issues an order for
withholding which is effective immediately against an obligor who is before the court
or a family support magistrate, it shall inform the obligor of the minimum amount of
income which is exempt from withholding under state and federal law, of such obligor's
right to claim any applicable state or federal exemptions with respect thereto and of such
obligor's right to offer any evidence as to why a withholding order effective immediately
should not issue. If the court or family support magistrate issues an order for withholding
to be effective immediately against a nonappearing obligor, notice shall be served subsequently upon the obligor in accordance with section 52-57 or sent by certified mail,
return receipt requested, to the obligor's last known address, informing such obligor:
(A) That a support order has been issued to be enforced by an income withholding order,
(B) that an income withholding order has been issued effective immediately as part of
the support order, (C) of the minimum amount of income exempt from withholding
under state and federal law and of such obligor's right at the hearing on the support
order to claim any other applicable state or federal exemptions with respect thereto, (D)
of such obligor's right to a hearing, upon motion to the court, to offer any evidence as
to why the withholding order effective immediately should not continue in effect, (E)
of the amount of income received by such obligor which formed the basis for the support
order against such obligor, and (F) of such obligor's right to move to modify the support
order if such obligor's income has changed substantially or if the support order substantially deviates from the child support guidelines established pursuant to section 46b-215a.
(c) (1) If an obligor is delinquent on support payments on any prior order of support
in an amount greater than or equal to thirty days' obligation, whether or not such order
is subject to a contingent income withholding, such obligor shall become subject to
withholding and the dependent shall cause a delinquency notice to be served on such
obligor. The delinquency notice shall include a claim form and be in clear and simple
language informing the obligor that (A) such obligor is delinquent under the support
order in a specified amount and any additional amounts accruing until the effective date
of the withholding order, (B) a withholding order has become effective against such
obligor's income, (C) such obligor has fifteen days to request a hearing before the court
or family support magistrate, and at such hearing such obligor may contest the claimed
delinquency and the imposition of the income withholding, seek modification of the
withholding order, and claim any lawful exemption with respect to such obligor's income, (D) such obligor has a right to seek modification of the support order by a proper
motion filed with the court or family support magistrate, (E) eighty-five per cent of the
first one hundred forty-five dollars of disposable income per week are exempt, and
(F) the amount of the withholding order may not exceed the maximum percentage of
disposable income which may be withheld pursuant to Section 1673 of Title 15 of the
United States Code, together with a statement of such obligor's right to claim any other
applicable state or federal exemptions with respect thereto. The claim form shall contain
a checklist identifying the most common defenses and exemptions such that the obligor
may check any which apply to the obligor and a space where the obligor may briefly
explain the claim or request a modification of or raise a defense to the support order.
(2) An obligor shall become subject to withholding to enforce a prior order of support upon the request of the dependent regardless of any delinquency, and whether or
not such order is subject to a contingent income withholding. In such cases, the dependent
shall cause a notice to be served on such obligor which notice shall comply in all respects
with the delinquency notice required under subdivision (1) of this subsection except
that such notice shall not be required to allege a delinquency.
(d) An obligor may claim a defense based upon mistake of fact, may claim an exemption in accordance with subsection (e) of this section with respect to the withholding
order, or may file by motion a modification or defense to the support order being enforced
by the withholding, by delivering a signed claim form, or other written notice or motion,
with the address of the obligor thereon, indicating the nature of the claim or grounds of
the motion, to the clerk of the Superior Court or the assistant clerk of the Family Support
Magistrate Division within fifteen days of receipt of notice. On receipt of the claim or
motion, the clerk shall promptly enter the appearance of the obligor, set the matter for
a short calendar hearing, send a file-stamped copy of the claim or motion to the person
or agency of the state to whom the support order is payable and notify all parties of the
hearing date set. The court or family support magistrate shall promptly hear and determine the claim or motion and notify the obligor within forty-five days from the date of
the notice required under subsection (c) of this section of its determination. Unless the
obligor successfully shows cause why the withholding order should not continue in
effect, the court or family support magistrate shall order that the outstanding withholding
order continue in effect against the nonexempt income of the obligor to the extent provided under subsection (e) of this section. The order shall be a final judgment for purposes of appeal. The effect of the withholding order shall not be stayed on appeal except
by order of the court or a family support magistrate.
(e) A withholding order shall issue in the amount necessary to enforce a support
order against only such nonexempt income of the obligor as exceeds the greater of (1)
eighty-five per cent of the first one hundred forty-five dollars per week of disposable
income, or (2) the amount exempt under Section 1673 of Title 15 of the United States
Code, or against any lesser amount which the court or family support magistrate deems
equitable. The withholding order shall secure payment of past and future amounts due
under the support order and an additional amount computed in accordance with the child
support guidelines established in accordance with section 46b-215a, to be applied toward
liquidation of any arrearage accrued under such order, unless contested by the obligor
after a notice has been served pursuant to subsection (c) of this section, in which case
the court or family support magistrate may determine the amount to be applied toward
the liquidation of the arrearage found to have accrued under prior order of the court or
family support magistrate. In no event shall such additional amount be applied if there
is an existing arrearage order from the court or family support magistrate in a IV-D
support case, as defined in subdivision (13) of subsection (b) of section 46b-231. Any
investigator or other authorized employee of the Bureau of Child Support Enforcement
within the Department of Social Services, or any officer of Support Enforcement Services of the Superior Court, may issue a withholding order entered by the Superior Court
or a family support magistrate pursuant to subsection (b) of this section, and shall issue
a withholding order pursuant to this subsection when the obligor becomes subject to
withholding under subsection (c) of this section. On service of the order of withholding
on an existing or any future employer or other payer of income, and until the support
order is fully satisfied or modified, the order of withholding is a continuing lien and
levy on the obligor's income as it becomes due.
(f) Commencing no later than the first pay period in the case of an employer, or the
date of periodic payment in the case of a payer of income other than an employer, that
occurs after fourteen days following the date of service of an order for withholding and
within seven business days of the date the obligor is paid thereafter, an employer or
other payer of income shall pay sums withheld pursuant to the withholding order to the
state disbursement unit, as required by subsection (p) of this section. The employer or
other payer of income (1) shall specify the dates on which each withholding occurred
and the amount withheld for each obligor on each such date, and (2) may combine all
withheld amounts into a single payment to the state disbursement unit with the portion
thereof which is attributable to each individual obligor being separately designated. If
an employer or other payer of income fails to withhold from income due an obligor
pursuant to an order for withholding or fails to make those payments, such employer
or other payer of income is liable to such person for the full amount of income not
withheld since receipt of proper notice in an action therefor, and the amount secured in
the action shall be applied by such person toward the arrearage owed by the obligor.
Such employer or other payer of income shall be subject to a finding of contempt by
the court or family support magistrate for failure to honor such order for withholding,
provided service of the order is made in accordance with section 52-57 or by certified
mail, return receipt requested.
(g) All orders for withholding issued pursuant to this section shall take precedence
over any execution issued pursuant to section 52-361 of the general statutes revised to
1983, or section 52-361a. Two or more orders for withholding may be levied concurrently under this section, but if the total levy in any week exceeds the maximum permitted
under this section, all sums due shall be allocated by the state disbursement unit in
proportion to the amount of such orders, giving priority in such allocation to current
support.
(h) Service of any process under this section, including any notice, may be made
in accordance with section 52-57, or by certified mail, return receipt requested. If service
is made on behalf of the state, it may be made by an authorized employee of Support
Enforcement Services, or by an investigator or other officer of the Bureau of Child
Support Enforcement within the Department of Social Services or by an investigator of
the Department of Administrative Services or by the Attorney General. Service of income withholding orders by Support Enforcement Services or by an investigator or
other officer of said bureau upon an employer under this section may be made in accordance with section 52-57, by certified mail, return receipt requested, or by first class mail.
(i) An applicant for employment or an employee subject to an order for withholding
issued pursuant to this section shall have the same protection from discipline, suspension
or discharge by an employer as provided in section 52-361a.
(j) There shall be a fine of not more than one thousand dollars imposed on any
employer who discharges from employment, refuses to employ, takes disciplinary action
against or discriminates against an employee subject to an order for withholding issued
pursuant to this section because of the existence of such order for withholding and the
obligations or additional obligations which it imposes upon the employer.
(k) The employer shall notify promptly the dependent or Support Enforcement Services as directed when the obligor terminates employment, makes a claim for workers'
compensation benefits or makes a claim for unemployment compensation benefits and
shall provide the obligor's last-known address and the name and address of the obligor's
new employer, if known.
(l) When an obligor who is subject to withholding under this section is identified
as a newly hired employee pursuant to subsection (d) of section 31-2c, the state agency
enforcing the obligor's child support order shall, within two business days after the date
information regarding such employee is entered into the state directory of new hires,
issue a withholding order to the employer of the employee in accordance with subsection
(e) of this section.
(m) The provisions of this section shall be in addition to and not in lieu of any other
remedy available at law to enforce or punish for failure to obey a support order.
(n) When a support order is issued in another state and the obligor has income
subject to withholding derived in this state, such income shall be subject to withholding
in accordance with the provisions of this section, upon the registration of the support
order in accordance with sections 46b-213g to 46b-213j, inclusive. Notice of rights to
the obligor and the obligor's right to contest such order are governed by sections 46b-213k to 46b-213m, inclusive.
(o) An employer who withholds the income of an obligor pursuant to a withholding
order issued under subsection (e) or (l) of this section that is regular on its face shall not
be subject to civil liability to any individual or agency for conduct in compliance with
such order.
(p) All withholding orders issued under this section shall be payable to the state
disbursement unit established and maintained by the Commissioner of Social Services
in accordance with subsection (j) of section 17b-179. The state disbursement unit shall
insure distribution of all money collected under this section to the dependent, the state
and the support enforcement agencies of other states, as their interests may appear,
within two business days. Each dependent who is not receiving child support enforcement services, as defined in subsection (b) of section 46b-231, shall be notified upon
the issuance of a withholding order pursuant to this section, that such services are offered
free of charge by the State of Connecticut upon application to the Bureau of Child
Support Enforcement within the Department of Social Services.
(q) The judges of the Superior Court may adopt any rules they deem necessary to
implement the provisions of this section and sections 46b-69a, 46b-178 and 52-361a
and such judges, or their designee, shall prescribe any forms required to implement such
provisions.
(1955, S. 3204d; 1959, P.A. 655; 1963, P.A. 33; 1969, P.A. 447, S. 3; P.A. 73-373, S. 38; P.A. 76-66; 76-436, S. 142,
681; P.A. 77-389; 77-594, S. 6, 7; 77-614, S. 70, 610; P.A. 78-217, S. 1; P.A. 80-149, S. 2, 3; P.A. 81-266, S. 1, 2; P.A.
82-433, S. 2; P.A. 83-295, S. 17; 83-400, S. 1; 83-581, S. 34, 40; P.A. 84-455, S. 4, 5; 84-527, S. 17, 18; 84-546, S. 115,
116, 173; P.A. 85-548, S. 1; P.A. 86-359, S. 36, 44; P.A. 87-483, S. 1, 3; P.A. 89-302, S. 1, 7; P.A. 90-213, S. 38, 56; P.A.
91-391, S. 10; P.A. 92-253, S. 4; P.A. 93-262, S. 1, 87; P.A. 96-268, S. 9, 34; June 18 Sp. Sess. P.A. 97-1, S. 71, 75; June
18 Sp. Sess. P.A. 97-7, S. 28, 38; P.A. 99-193, S. 6; P.A. 00-68, S. 4, 5; 00-196, S. 35; P.A. 01-91, S. 19-22; June Sp.
Sess. P.A. 01-2, S. 27, 28, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 03-89, S. 6, 7.)
History: 1959 act provided order directing execution may be against such lesser amount as court deems equitable,
stipulated it be for payment of amounts due and which thereafter become due and extended application to order for support
of wife; 1963 act added provision re executions issued in favor of welfare commissioner; references to commissioner of
finance and control were added in 1967 in provision re executions in favor of welfare commissioner in conformity with
provisions of 1967, P.A. 314, S. 1 which made finance and control department responsible for billing and collection of
money due the state in child welfare cases, etc.; 1969 act removed welfare commissioner from purview of section and
added provision allowing concurrent levy of two or more executions; P.A. 73-373 applied provisions to orders calling for
support of husbands and substituted dissolution of marriage for divorce; P.A. 76-66 authorized execution against amounts
exceeding fifty dollars per week rather than twenty-five dollars per week; P.A. 76-436 removed references to orders of
courts other than superior court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A.
77-389 applied provisions to support orders generally where previously applicable to orders for "weekly" support; P.A.
77-594 allowed service of execution in favor of finance and control commissioner "by certified mail, return receipt requested", sent by the family relations officers of the issuing court; P.A. 77-614 replaced commissioner of finance and
control with commissioner of administrative services; P.A. 78-217 based execution on amounts exceeding first seventy
dollars of disposable earnings per week rather than fifty dollars and defined disposable earnings for purposes of section;
P.A. 80-149 required that debtor's payments to administrative services commissioner be made monthly rather than at three-month intervals; P.A. 81-266 added provisions authorizing court to order execution at time obligation is established and
allowing automatic execution if obligor defaults and fails to move court or show cause why the execution order should
not go into effect; P.A. 82-433 designated previous provisions as Subsecs. (a) and (c) and added provisions for the execution
against unemployment compensation in new Subsec. (b); P.A. 83-295 amended Subsec. (c) by replacing "the family
relations officer" with "the family relations caseworker, the family relations counselor or a support enforcement officer"
but failed to take effect, that subsection having been deleted by P.A. 83-400; P.A. 83-400 replaced previous section with
revised provisions re definitions and procedures concerning wage executions and permitting such executions to be effective
immediately; P.A. 83-581 amended Subsec. (c) to replace a reference to "section 52-361" with "section 52-361a" but
failed to take effect as did P.A. 83-295; P.A. 84-455 amended Subsec. (a)(1) to allow enforcement of support orders by
investigators of the bureau of collection services and amended Subsec. (j) to permit service of process by bureau of collection
services investigators; P.A. 84-527 amended Subsec. (d) to provide that the claim form inform the obligor that "one
hundred" rather than "seventy" dollars of disposable earnings per week are exempt, and amended Subsec. (g) to increase
from seventy to one hundred dollars the amount of weekly disposable earnings exempt from execution or assignment; P.A.
84-546 made technical changes in Subsecs. (a), (i), (k) and (m); P.A. 85-548 revised section, substituting "an application
for child support enforcement services" for "assignment of earnings" and "garnishment" for "execution", deleting former
Subsec. (c) re dependent receiving assistance from state, and relettering remaining Subsecs. accordingly, amending Subsec.
(d) by changing the time limit for payment of past due amounts by obligor from twenty to fifteen days, amending Subsec.
(e) providing procedure re defense based on mistake of fact to garnishment and motion for modification or defense to
support order, amending Subsec. (g) re withholding of sums pursuant to garnishment by employer, adding Subsec. (k) re fine
for employer who discriminates against employee subject to garnishment, adding Subsec. (l) re notification of termination of
employment of obligor and adding Subsec. (n) re support order issued in another state; P.A. 86-359 added references to
family support magistrate and assistant clerk of the family support division throughout section, amended Subsec. (b) re
authority to order garnishment on prior support order provided delinquency notice is served on obligor, amended Subsec.
(g) by changing "monthly" to "within ten days of the date the obligor is paid", amended Subsec. (h) re allocation of sums
due by employer, giving priority to current support, and inserted new Subsec. (o) requiring IV-D agency to insure prompt
distribution of money collected pursuant to section, relettering former Subsec. (o) as (p); P.A. 87-483 amended Subsec.
(c) by deleting provision requiring that all past due amounts be paid within fifteen days to stay garnishment; P.A. 89-302
amended Subsecs. (b), (e), (h), (j), (k) and (n) by changing "garnishment" to "order for withholding" or "withholding" or
"withholding order", added "for cause or pursuant to an agreement by the parties" and deleted provision re delinquency
notice by dependent upon obligor; amended Subsec. (c) by adding "on any prior order of support" after "payments",
changed "garnishment" to "withholding" or "withholding order"; amended Subsec. (d) by deleting "to pay all amounts
past due, or" after "fails" and changing "garnishment" to "withholding order"; amended Subsec. (f) by changing "garnishment" to "withholding order" and added provision re additional amount equal to twenty per cent of current order or ten
dollars weekly, whichever is greater, to be applied toward arrearage; and amended Subsec. (g) by changing "garnishment"
to "order for withholding" or "withholding order", added provision requiring employer to specify dates on which each
withholding occurred and amount withheld and after "court", added "or family support magistrate"; P.A. 90-213 changed
references to the family division to the support enforcement division in Subdiv. (1) of Subsec. (a) and in Subsec. (i) and
(l) and deleted reference to support enforcement services of the family division in Subsec. (g); P.A. 91-391 amended
Subsec. (b) by adding Subparas. (E) and (F) to Subdiv. (2) requiring notice of amount of income which formed basis for
support order and of right to modify order if income changed substantially or if order substantially deviates from child
support guidelines, amended Subsecs. (c) and (e) increasing exemption from one hundred to one hundred thirty-five dollars
of disposable earnings per week and amended Subsec. (l) by requiring employer to notify if obligor makes claim for
worker's compensation or unemployment compensation benefits; P.A. 92-253 amended Subdiv. (3) of Subsec. (a) by
adding phrase "including payments from retirement plans"; P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 96-268
redefined "disposable earnings" by subtracting the amounts withheld for state and local income taxes from "disposable
earnings", amended Subdiv. (5) of Subsec. (c) and Subdiv. (1) of Subsec. (f) by increasing "one hundred thirty-five" to
"one hundred forty-five", and amended Subsec. (g) by changing references to "bureau of collective services" to "state
acting by and through the IV-D agency", effective July 1, 1996; June 18 Sp. Sess. P.A. 97-1 made technical changes in
Subsec. (n) and added reference to Secs. 46b-213g to 46b-213j, inclusive, and notice of rights of obligor governed by Secs.
46b-213k to 46b-213m, inclusive, effective January 1, 1998; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by redefining
"dependent" and "earnings" and adding definition of "income" in new Subdiv. (5), renumbering former Subdivs. (5) to
(7), inclusive, as Subdivs. (6) to (8), inclusive, amended Subsec. (b) by deleting provision re filing of affidavit or court order
for effective contingent withholding order and substituting provision that such order is effective on accrual of delinquency in
amount greater than or equal to thirty days obligation and provision re finding not to order immediate withholding, amended
Subsec. (c) by adding Subdiv. (2) re withholding to enforce prior order, whether or not such order is subject to contingent
income withholding, deleted former Subsec. (d) and redesignated existing Subsecs. (e) to (l), inclusive, as Subsecs. (d) to
(k), inclusive, amended Subsec. (e) by deleting provision re additional amount equal to twenty per cent of order or ten dollars
whichever is greater, by adding provisions re additional amount computed in accordance with child support guidelines, re
application of such additional amount if there is an existing arrearage order from court or magistrate in IV-D case and re
issuance of withholding order by Child Support Enforcement Bureau or Support Enforcement Division of the Superior
Court, amended Subsec. (f) by making distinction between employer and payer of income other than employer and by
changing "ten days" to "seven business days", amended Subsec. (g) by changing sums due allocated by employer to sums
due allocated by IV-D agency in proportion to amount of orders, added Subsec. (l) requiring issuance of withholding order
within two business days after information re employee who is new hire is entered into state directory of new hires, added
Subsec. (o) re immunity from civil liability of employer who withholds income pursuant to withholding order that is regular
on its face, redesignated former Subsecs. (o) and (p) as (p) and (q), respectively, amended Subsec. (p) by specifying that
distribution be within two business days, replacing provision requiring "prompt distribution", and made technical changes
throughout the section, effective July 1, 1997; P.A. 99-193 amended Subsec. (c) by adding eighty-five per cent provision
in Subpara. (E) of Subdiv. (1), amended Subsec. (e) by adding eighty-five per cent provision in Subdiv. (1), amended
Subsec. (f) by adding provisions re the state disbursement unit and a dependent in a IV-D support case, amended Subsec.
(g) by changing "IV-D agency" to "state disbursement unit", amended Subsec. (p) by adding provisions re withholding
orders payable to the state disbursement unit and distributions to the dependent, the state and the support agencies of other
states, and made technical changes; P.A. 00-68 amended Subsecs. (a)(1) and (h) to substitute "Department of Administrative
Services" for "Bureau of Collection Services"; P.A. 00-196 made a technical change in Subsec. (d); P.A. 01-91 amended
Subsecs. (a)(1), (e), (h) and (k) by changing "the Support Enforcement Division" to "Support Enforcement Services" and
further amended Subsec. (h) by adding provision re service of income withholding orders upon employer in accordance
with Sec. 52-57, by certified mail or first class mail; June Sp. Sess. P.A. 01-2 amended Subsecs. (e) and (h) by duplicating
change made by P.A. 01-91, and adding reference to service by an investigator or other officer of bureau in Subsec. (h),
and amended Subsec. (f) to broaden applicability of withholding requirements and to condition contempt finding upon
service of order in accordance with Sec. 52-57 or by certified mail, return receipt requested, effective July 1, 2001; June
Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 03-89 amended
Subsec. (d) by deleting provision re stay of wage withholding order pending decision by court or family support magistrate
on obligor's motion to modify or claimed defense against such withholding order, amended Subsec. (e) by adding provision
re authority of Bureau of Child Support Enforcement or Support Enforcement Services to issue wage withholding orders
entered by Superior Court or family support magistrate pursuant to Subsec. (b), and amended Subsec. (p) by adding
provision re notice to dependents not receiving child support enforcement services that such services are offered free of
charge upon application to the Bureau of Child Support Enforcement.
See Sec. 46b-69a re executions and earning assignments available in actions for dissolution of marriage, annulment
and legal separation.
Amount of execution against pension benefits to be calculated under this section rather than Sec. 52-361 where it is
for family support; court included this section with Sec. 52-361 by implication in exemption exception referenced in Sec.
52-352c(d). 178 C. 675-685, 687, 688.
Cited. 33 CA 395, 398, 400.
Payments from pension trust fund are susceptible to wage execution under this section and notification to trustees of
such action is not required and therefore trustees need not be made parties. 37 CS 566-569. Cited. Id., 840, 844.
Subsec. (b):
Cited. 28 CA 794, 795, 804. Court must provide notice to the party of party's statutory rights to claim exemptions or
to present evidence that a withholding order should not issue immediately; court must then issue withholding order immediately unless cause exists for contingent wage withholding order. 51 CA 530.
Subsec. (e):
Cited. 240 C. 623.
Sec. 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.)
Sec. 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, 209.
Sec. 52-362c. Voluntary wage deduction authorization for support. A voluntary wage deduction authorization for payment of amounts due for support shall have
the same force and effect as a wage withholding order issued under section 52-362 and
all payments under such authorization shall be made to the state disbursement unit
established and maintained by the Commissioner of Social Services in accordance with
subsection (j) of section 17b-179. A voluntary wage deduction authorization under this
section shall have the same priority over execution issued under section 52-361a as is
provided for wage withholding issued under section 52-362.
(1972, P.A. 214; P.A. 74-183, S. 101, 291; P.A. 76-436, S. 490, 681; P.A. 82-472, S. 141, 183; P.A. 83-581, S. 36, 40;
P.A. 89-195, S. 4; 89-360, S. 16, 45; P.A. 90-213, S. 39, 56; P.A. 93-396, S. 9; P.A. 99-193, S. 13.)
History: P.A. 74-183 replaced circuit court with court of common pleas and "circuit" with "county or judicial district",
effective December 31, 1974; P.A. 76-436 removed specific references to court of common pleas, reflecting transfer of
all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-472 deleted obsolete reference to filing of orders in
counties; P.A. 83-581 replaced a reference to "section 52-361" with "section 52-361a"; P.A. 89-195 and P.A. 89-360
applied provisions to authorizations signed by family support magistrates; P.A. 90-213 changed office to which payments
are to be made from the family relations office to the bureau of collection services and changed the name of the family
relations office to the support enforcement division; P.A. 93-396 removed provisions concerning circumstances under
which voluntary wage execution was allowed to take effect and substituted references to withholdings for references to
executions; P.A. 99-193 deleted provision re authorization signed by a judge or family support magistrate of the court,
deleted provision re payments payable to the bureau of collection services and added provision re payments made to the
state disbursement unit established and maintained by the Commissioner of Social Services.
Cited. 234 C. 194, 209.
Sec. 52-362d. Lien against property of obligor for unpaid child support. Notice
of intent. Foreclosure. Information re unpaid support reported to participating
consumer reporting agency. Offset for child support arrearage against money payable by state to obligor. Notification by Connecticut Lottery Corporation. Hearing.
Regulations. (a) Whenever an order of the Superior Court or a family support magistrate
for support of a minor child or children is issued and such payments have been ordered
to be made to the state acting by and through the IV-D agency and the person against
whom such support order was issued owes past-due support in the amount of five hundred dollars or more, the state shall have a lien on any property, real or personal, in
which such person has an interest to enforce payment of such past-due support after
first providing such person with notice of intent to place such lien, and an opportunity
for a hearing before a hearing officer to contest the amount of such past-due support.
The lien for past-due child support shall be secured by the IV-D agency pursuant to
procedures contained in the general statutes applicable to the type of property to be
secured. Any such lien on real property may, at any time during which the obligor owes
the amount of past-due child support secured by such lien, be foreclosed in an action
brought in a court of competent jurisdiction by the Commissioner of Social Services in
a title IV-D case or by the person to whom the child support is due. A lien for past-due
support arising in any other state shall be given full faith and credit by this state provided
such other state has complied with its procedural rules relating to recording or serving
of liens.
(b) On October 1, 1991, and monthly thereafter, the Department of Social Services
shall compile a list of all obligors who owe overdue support in the amount of one thousand dollars or more accruing after the entry of an initial court order establishing a child
support obligation. Any overdue support in an amount of one thousand dollars or more
shall be subject to the reporting provisions of this section. The state shall report to any
participating consumer reporting agency, as defined in 15 USC 1681a(f), information
regarding the amount of such overdue support owed by an obligor if the amount of
such overdue support is one thousand dollars or more, on a computer tape in a format
acceptable to the consumer reporting agency. Such information shall be reported by the
department only after notice has been sent by the department to such obligor of the
proposed action, and such obligor is given an opportunity for a hearing before a hearing
officer of the department to contest the amount of the alleged arrearage. Any such notice
sent to such obligor shall contain a telephone number and address of the Department of
Social Services and shall contain the following language in bold type: "If you are no
longer in arrears or have received this notice in error, please contact the department at
the following address or telephone number." On a monthly basis, the Department of
Social Services shall provide to each consumer reporting agency informed of the original
arrearage of an obligor updated information concerning any such obligor and the status
of payments, including a list of obligors who no longer owe overdue support, in such
acceptable computer format. The department shall designate one or more persons in the
department to receive telephone or other requests from an obligor or a consumer reporting agency regarding verification of information supplied to a consumer reporting
agency. The department shall respond to any such request within five working days of
its receipt. Upon satisfactory verification that an obligor is no longer in arrears, the
department shall send a statement to such obligor, and such statement shall constitute
proof to a creditor that such obligor is no longer in arrears as of the date of the statement.
A participating consumer reporting agency which receives such updated information
from the department that an obligor no longer owes any overdue support shall record
such information within thirty days of receipt of such notification unless the information
was in a format which was unusable by the agency or contained an error which prevented
the agency from matching the updated information to previously supplied data. Any
consumer reporting agency which negligently or wilfully fails to use reasonable efforts
to comply with any requirement imposed under this subsection with respect to an obligor
shall be liable to such obligor in an amount equal to the sum of (1) any actual damages
sustained by the obligor as a result of such failure, and (2) a reasonable attorney's fee
as determined by the court.
(c) When any person redeems a winning lottery ticket worth five thousand dollars
or more at the central office of the Connecticut Lottery Corporation, the Connecticut
Lottery Corporation shall check the name and other identifying information of such
person against a list of obligors supplied by the Commissioner of Social Services. If
such person is included on the list of obligors, the Connecticut Lottery Corporation shall
request confirmation from the Commissioner of Social Services that such person is in
fact an obligor, and upon notification by the Commissioner of Social Services that money
is due from any such person as a result of a claim for support which has been assigned
to the state pursuant to section 17b-77, or is to be paid to the state acting by and through
the IV-D agency, the Connecticut Lottery Corporation shall withhold from any lottery
winnings payable to such person under the provisions of chapter 226 or chapter 229a
the amount of such claim for support owed to an individual for any portion of support
which has not been assigned to the state and then the amount of such claim for support
owed to the state, provided the Connecticut Lottery Corporation shall notify such person
that (1) lottery winnings have been withheld as a result of the amount due for such
support, and (2) such person has the right to a hearing before a hearing officer designated
by the Commissioner of Social Services if such person contests the amount of the alleged
claim for support. The Connecticut Lottery Corporation shall pay any such person in
accordance with any decisions of the hearing officer or the court upon appeal of the
hearing officer's decision.
(d) Whenever an order of the Superior Court or a family support magistrate of this
state, or an order of another state that has been registered in this state, for support of a
minor child or children is issued and such payments have been ordered through the IV-D agency, and the obligor against whom such support order was issued owes overdue
support under such order in the amount of five hundred dollars or more, the IV-D agency,
as defined in subdivision (12) of subsection (b) of section 46b-231, or Support Enforcement Services of the Superior Court may notify (1) any state or local agency with authority to distribute benefits to such obligor including, but not limited to, unemployment
compensation and workers' compensation, (2) any person having or expecting to have
custody or control of or authority to distribute any amounts due such obligor under any
judgment or settlement, (3) any financial institution holding assets of such obligor, and
(4) any public or private entity administering a public or private retirement fund in which
such obligor has an interest that such obligor owes overdue support in a IV-D support
case. Upon receipt of such notice, such agency, person, institution or entity shall withhold delivery or distribution of any such benefits, amounts, assets or funds until receipt
of further notice from the IV-D agency.
(e) In IV-D cases in which a notice is sent pursuant to subsection (d) of this section,
the IV-D agency shall notify the obligor that such benefits, amounts, assets or funds
have been withheld as a result of overdue support in a IV-D support case in accordance
with an order of the Superior Court or family support magistrate of this state, or an order
of another state that has been registered in this state. The IV-D agency shall further
notify the agency, person, institution or entity to whom notice was sent pursuant to
subsection (d) of this section as follows: (1) Upon expiration of the time for requesting a
hearing specified in section 17b-60, to make payment to the state from any such benefits,
amounts, assets or funds withheld in accordance with subsection (d) of this section
provided, in the case of retirement funds, such payment shall only be made in accordance
with a withholding order issued under section 52-362 when the obligor is entitled to
receive retirement benefits from such fund; (2) upon payment of such overdue support
by such obligor, to release or distribute, as appropriate, such benefits, amounts, assets
or funds to such obligor; or (3) upon issuance of a decision by the hearing officer or the
court upon appeal of such officer's decision, to take such other action as may be ordered
by such officer or such court, and such agency, person, institution or entity shall forthwith
comply with such notice received from the IV-D agency.
(f) Support collected pursuant to this section shall be distributed as required by Title
IV-D of the Social Security Act.
(g) The Commissioner of Social Services shall adopt regulations, in accordance
with chapter 54, setting forth procedures providing for adequate notice of (1) the right
to a hearing before a hearing officer, and (2) procedures for a fair hearing for any person
alleged by the commissioner to owe past-due or overdue child support to the state, or
to an individual when the payments have been ordered payable to the state acting by
and through the IV-D agency, if the commissioner has filed a lien on the property of
such person or claimed an offset against money payable by the state to enforce a claim
for payment of such past-due or overdue support, or intends to seize any benefits,
amounts, assets or funds withheld in accordance with subsection (d) of this section or
report such overdue support to a consumer credit agency.
(P.A. 85-548, S. 7; P.A. 86-359, S. 38, 44; P.A. 88-257, S. 1, 2; P.A. 90-206; 90-213, S. 40, 56; P.A. 91-139; P.A. 93-262, S. 1, 87; 93-329, S. 1; June 18 Sp. Sess. P.A. 97-7, S. 29, 38; P.A. 01-91, S. 23; 01-207, S. 9, 10, 12; P.A. 03-109, S.
1; P.A. 04-16, S. 16.)
History: P.A. 86-359 amended Subsec. (a) to add reference to family support magistrates' orders and to refer to the
child support enforcement "bureau" rather than "unit"; P.A. 88-257 inserted new Subsec. (c) re withholding of order upon
treasurer for payment due from winnings pursuant to chapter 226 as result of amount due for child support and amended
relettered Subsec. (d) to include regulations re notice in cases where commissioner intends to claim offset against money
payable by state; P.A. 90-206 amended Subsec. (b) by providing that (1) on and after November 1, 1990, and annually
thereafter, the department of human resources shall compile a list of obligors who owe overdue support of one thousand
dollars or more and report such list to participating consumer reporting agencies, (2) notice to obligor shall contain telephone
number and address of department and notice to contact department if error, (3) the department shall provide monthly
updated information re arrearages and (4) consumer reporting agencies notified that obligor no longer owes overdue support
shall record information within fifteen days of notification or be liable for damages incurred by obligor for failure to record
such information; P.A. 90-213 changed office to which payments are to be made from the family relations office to the
commissioner of administrative services or through the support enforcement division; P.A. 91-139 amended Subsec. (b)
to provide that on October 1, 1991, and monthly thereafter the department is required to report on computer tape in format
acceptable to the consumer reporting agency, to add "from an obligor or a consumer reporting agency" after "requests",
to increase the time within which a consumer reporting agency is required to record updated information from fifteen to
thirty days after receipt, to add exception to such recording requirement providing "unless the information was in a format
which was unusable by the agency or contained an error which prevented the agency from matching the updated information
to previously supplied data", and to change liability of consumer reporting agency from being liable to obligor for damages
incurred for failure by such agency to record that obligor no longer owes overdue support, to liability to the obligor in an
amount equal to sum of (1) actual damages and (2) reasonable attorney's fee if agency negligently or wilfully fails to use
reasonable efforts to comply with requirements of section; P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-329
amended Subsec. (b) by adding "initial" before "court order", adding "establishing a child support obligation" after "court
order" and adding provision that overdue support in amount of one thousand dollars or more shall be reported unless court
or magistrate makes specific finding that amount of overdue support shall not be reported; June 18 Sp. Sess. P.A. 97-7
amended Subsec. (a) re lien for past-due child support by deleting references to Commissioner of Administrative Services,
Support Enforcement Division of the Superior Court and Child Support Enforcement Bureau of the Department of Social
Services and adding references to the state, acting by and through the IV-D agency and by adding provisions re lien secured
by IV-D agency pursuant to procedures in general statutes, reapplications of lien proceeds and re full faith and credit,
amended Subsec. (c) by making a conforming change, added new Subsecs. (d), (e) and (f) re withholding and seizure of
unemployment and workers' compensation benefits, amounts due under judgment or settlement, retirement funds or assets
held by financial institution of any obligor who owes overdue support of five hundred dollars or more, notice re withholding
and application of overdue support collected and redesignated former Subsec. (d) as Subsec. (g), amended Subsec. (g) to
provide for fair hearing re overdue support if IV-D agency has filed lien for past due support or intends to seize, withhold
assets or benefits and made technical changes, effective July 1, 1997; P.A. 01-91, effective October 1, 2001, and P.A. 01-207, effective July 1, 2001, both amended Subsec. (d) by changing "the Support Enforcement Division" to "Support
Enforcement Services"; P.A. 01-207 also amended Subsec. (a) to require proceeds of the lien to be applied to the family's
current and past-due support first when past-due support is owing both to a family and to the state and to make a technical
change, amended Subsec. (c) to make extensive changes, substituting "Connecticut Lottery Corporation" for "Comptroller", requiring such corporation to withhold from any lottery winnings payable under the provisions of chapter 226 or 229a
the amount of such claim for support provided such corporation notifies such person that lottery winnings have been
withheld as a result of amount due for support, eliminating references to the Treasurer and making technical changes for
purposes of gender neutrality, and amended Subsec. (e)(1) to add "and any current support obligation", effective July 1,
2001; P.A. 03-109 amended Subsec. (a) by deleting requirement that lien proceeds be applied to family's current and past-due support first when past-due support is owing to both a family and the state, amended Subsec. (b) by deleting provision
that allowed a court or family support magistrate to make a finding that overdue support in excess of one thousand dollars
shall not be reported and by making a technical change, amended Subsec. (c) to require Connecticut Lottery Corporation
to check the name and other identifying information of any person redeeming a winning lottery ticket worth five thousand
dollars or more against list of obligors supplied by Commissioner of Social Services and, upon confirming that such person
is an obligor, withhold lottery winnings for support owed, amended Subsecs. (d) and (e) by adding "of this state, or an
order of another state that has been registered in this state" and, in Subsec. (e)(1), deleting "to satisfy such overdue support
and any current support obligation", amended Subsec. (f) by replacing former provisions with provisions requiring collected
support to be "distributed as required by Title IV-D of the Social Security Act", and amended Subsec. (g) by making a
technical change; P.A. 04-16 made technical changes in Subsec. (c).
Section applies when orders of support are to be paid to state by and through the Title IV-D agency and the obligor
owes past due support of five hundred dollars or more; statute is separate and distinct from Sec. 17b-93 and any Sec. 17b-93 lien would be in addition to a lien for past due support obligations. 47 CS 583.
Subsec. (a):
Cited. 234 C. 194, 209.
Subsec. (b):
Cited. 234 C. 194, 210.
Subsec. (c):
Cited. 234 C. 194, 210.
Subsec. (d):
Procedures provided in this subsec. for notice and opportunity for hearing after obligor's assets withheld, rather than
before, not in violation of right to procedural due process. 47 CS 492.
Subsec. (e):
Procedures provided in this subsec. for notice and opportunity for hearing after obligor's assets withheld, rather than
before, not in violation of right to procedural due process. 47 CS 492.
Sec. 52-362e. Withholding federal income tax refunds in amount equal to support arrearage. Procedures. Eligibility. Regulations. (a) Subject to the provisions of
section 52-362h, whenever an order of the Superior Court or a family support magistrate
for support of a minor child or children is issued, and, in TFA cases as defined in subdivision (13) of subsection (b) of section 46b-231, the person against whom such order was
issued owes past-due support of one hundred fifty dollars or more, or in non-TANF IV-D support cases, as defined in subdivision (13) of subsection (b) of said section 46b-231, the person against whom such order was issued owes past-due support of five
hundred dollars or more, the state shall submit to the Internal Revenue Service through
the federal Office of Child Support Enforcement the name of such person and request
the withholding from refunds of federal income taxes owed to such person of an amount
equal to the past-due support, and payment of such withheld amount to the state for
distribution to the state for reimbursement of public assistance in TANF cases and in
non-TANF IV-D support cases for distribution to the guardian or custodial parent of
such minor child or children, after first deducting from the amount payable to such
guardian or custodial parent a collection fee determined by the Secretary of the Treasury
to be sufficient to reimburse the Internal Revenue Service for the cost of the offset
procedure.
(b) Subject to the provisions of subsection (c) of this section, whenever an order of
the Superior Court or a family support magistrate for support of a minor child or children
is issued, and, in TANF cases, the person against whom such support order is issued
owes past-due support of one hundred fifty dollars or more, or in non-TANF IV-D
support cases the person against whom such order is issued owes past-due support of
five hundred dollars or more, the Department of Social Services shall submit to the
Commissioner of Administrative Services the name of such person and request the
withholding from refunds of state income taxes owed to such person of an amount equal
to the past-due support, and payment of such withheld amount by the Commissioner of
Revenue Services to the state for distribution to the state for reimbursement of public
assistance in TANF cases and in non-TANF IV-D support cases for distribution to the
guardian or custodial parent of such minor child or children. Whenever an order of the
Superior Court or family support magistrate is issued against a parent to cover the cost
of health insurance for a child who is eligible for Medicaid and such parent has received
payment from a third party for the costs of services provided under such health coverage
for such child but such parent has not used such payments to reimburse, as appropriate,
either the other parent or guardian or the provider of such services, the Commissioner
of Social Services shall submit to the Commissioner of Administrative Services the
name of such person and request the withholding from refunds of state income taxes
owed to such person of an amount necessary to reimburse the Department of Social
Services for such costs under the Medicaid program, and payment of such amount shall
be withheld by the Commissioner of Revenue Services and distributed to the Department
of Social Services for reimbursement. However, any claims for current or past due child
support shall take priority over any such claims for the costs of such services.
(c) Support collected pursuant to this section shall be distributed as required by
Title IV-D of the Social Security Act.
(d) The Commissioner of Social Services shall adopt regulations, in accordance
with chapter 54, setting forth procedures in compliance with federal law and regulations
under Title IV-D of the Social Security Act providing for adequate notice of (1) the
right to a review by Support Enforcement Services of the Superior Court, (2) the right
to a fair hearing before a hearing officer, (3) a list of available defenses including the
defense described in section 52-362h, and (4) procedures for a fair hearing for any person
who is alleged to owe past-due support and is subject to the provisions of this section.
(P.A. 85-548, S. 10; P.A. 86-359, S. 39, 44; P.A. 90-213, S. 41, 56; P.A. 91-391, S. 11; P.A. 92-253, S. 5; P.A. 93-262,
S. 1, 87; 93-396, S. 19; May Sp. Sess. P.A. 94-5, S. 10, 30; P.A. 95-305, S. 4, 6; June 18 Sp. Sess. P.A. 97-2, S. 110, 165;
June 18 Sp. Sess. P.A. 97-7, S. 30, 38; P.A. 01-91, S. 24; P.A. 03-109, S. 2.)
History: P.A. 86-359 added reference in Subsec. (a) to orders of family support magistrates; P.A. 90-213 changed office
to which payments are to be made from the family relations office to the commissioner of administrative services or through
the support enforcement division in Subsec. (b) and in Subsec. (c) changed family division to the support enforcement
division; P.A. 91-391 amended Subsec. (c) by adding "including the defense described in section 52-362h"; P.A. 92-253
amended section to provide withholding of state and federal income tax refunds in AFDC cases if person owes past-due
support of one hundred fifty dollars or more, and in non-AFDC IV-D support cases, the person owes past-due support of
five hundred dollars or more, and withheld amount shall be paid to the state in AFDC cases and distributed to guardian or
custodial parent in non-AFDC IV-D support cases; P.A. 93-262 authorized substitution of commissioner and department
of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-396 made a
technical change in Subsec. (a); May Sp. Sess. P.A. 94-5 amended Subsec. (b) to require that when an order is issued
against a parent, and the parent has received payment from a third party for such costs of insurance but has failed to
reimburse either the other parent or guardian or the provider of such services, the commissioner of social services shall
submit to the commissioner of administrative services the name of such person to request a withholding from refunds of
state income taxes, effective July 1, 1994; P.A. 95-305 amended Subsec. (b) by replacing the provisions effecting a "child
in an IV-D support case" with provisions effecting a "child who is eligible for Medicaid" and making technical changes,
effective July 1, 1995; June 18 Sp. Sess. P.A. 97-2 replaced references to "AFDC" with "TFA" or TANF" in Subsecs. (a)
and (b), effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 made technical changes in Subsec. (a), added new Subsec. (c)
re application of past-due support collected pursuant to Subsec. (b), redesignated former Subsec. (c) as Subsec. (d) and
made technical changes in Subsec. (d), effective July 1, 1997; P.A. 01-91 amended Subsec. (d) by changing "the Support
Enforcement Division" to "Support Enforcement Services" and making a technical change; P.A. 03-109 amended Subsec.
(c) by replacing former provisions with "Support collected pursuant to this section shall be distributed as required by Title
IV-D of the Social Security Act".
Cited. 234 C. 194, 209.
Sec. 52-362f. Enforcement of child support orders by income withholding. (a)
As used in this section, unless the context requires otherwise:
(1) "Agency" means the Bureau of Child Support Enforcement within the Department of Social Services of this state and, when the context requires, means either the
court or agency of any other jurisdiction with functions similar to those defined in this
section, including the issuance and enforcement of support orders.
(2) "Child" means any child, whether above or below the age of majority, with
respect to whom a support order exists.
(3) "Court" means the Superior Court of this state, including the Family Support
Magistrate Division, or the court or agency of any other jurisdiction with functions
similar to those defined in this section, including the issuance and enforcement of support
orders.
(4) "Income" means earnings as defined in subdivision (3) of subsection (a) of
section 52-362.
(5) "Income derived in this jurisdiction" means any earnings, the payer of which is
subject to the jurisdiction of this state for the purpose of imposing and enforcing an
order for withholding under section 52-362.
(6) "Jurisdiction" means any state or political subdivision, territory or possession
of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(7) "Obligee" means any person or entity which is entitled to receive support under
an order of support and shall include an agency of another jurisdiction to which a person
has assigned his or her right to support.
(8) "Obligor" means any person required to make payments under the terms of a
support order for a child, spouse, or former spouse.
(9) "Payer" means any payer of income.
(10) "Support order" means any order, decree, or judgment for the support, or for
the payment of arrearages on such support, of a child, spouse, or former spouse issued
by a court or agency of another jurisdiction, whether interlocutory or final, whether or
not prospectively or retroactively modifiable, whether incidental to a proceeding for
divorce, judicial or legal separation, separate maintenance, paternity, guardianship, civil
protection, or otherwise.
(b) The remedies herein provided are in addition to and not in substitution for any
other remedies.
(c) When a support order has been issued in this state and the obligor has earnings
subject to income withholding in another jurisdiction, (1) the agency shall on application
of a resident of this state, (2) Support Enforcement Services shall on behalf of any client
for whom Support Enforcement Services is providing services, (3) an obligee or obligor
of a support order issued by this state may, or (4) an agency to whom the obligee has
assigned support rights may, promptly request the agency of another jurisdiction in
which the obligor of a support order derives income to enter the order for the purpose of
obtaining income withholding against such income. The agency or Support Enforcement
Services, as the case may be, shall compile and transmit promptly to the agency of the
other jurisdiction all documentation required to enter a support order for this purpose.
The agency or Support Enforcement Services also shall transmit immediately to the
agency of the other jurisdiction a certified copy of any subsequent modifications of the
support order. If the agency or Support Enforcement Services receives notice that the
obligor is contesting income withholding in another jurisdiction, it shall immediately
notify the individual obligee of the date, time and place of the hearings and of the
obligee's right to attend.
(d) When a support order is issued in another jurisdiction and the obligor has income
subject to withholding in accordance with the provisions of section 52-362, Support
Enforcement Services shall, upon receiving a support order of another jurisdiction with
the documentation specified in this subsection from an agency of another jurisdiction,
or from an obligee, an obligor or an attorney for either the obligee or obligor, file such
support order and documents in the registry maintained by Support Enforcement Services. Documentation required for the entry of a support order for another jurisdiction
for the purpose of withholding of income shall comply with the requirements of section
46b-213i. If the documentation received by Support Enforcement Services does not
conform to those requirements, Support Enforcement Services shall remedy any defect
which it can without the assistance of the obligee or requesting agency or person. If
Support Enforcement Services is unable to make such corrections, the requesting agency
or person shall immediately be notified of the necessary additions or corrections. Support
Enforcement Services shall accept the documentation required by this subsection as
long as the substantive requirements of this subsection are met.
(e) A support order registered under subsection (d) of this section shall be enforceable by withholding in the manner and with the effect as set forth for registered support
orders of another jurisdiction pursuant to section 52-362. A support order from another
jurisdiction filed under this section shall not be subject to modification by a court or
other agency of this state except as provided in sections 46b-213o to 46b-213q, inclusive.
Entry of the order shall not confer jurisdiction on any court of this state for any purpose
other than withholding of income.
(f) Upon registration of a support order from another jurisdiction pursuant to subsection (d) of this section, Family Support Magistrate Division or Support Enforcement
Services of the Superior Court acting on its behalf shall proceed as provided in section
46b-213k.
(g) An income withholding order under this section shall direct payment to the
Bureau of Child Support Enforcement or its designated collection agent. The bureau or
its designated agent shall promptly distribute payments received pursuant to an income
withholding order or garnishment based on a support order of another jurisdiction entered under this section to the agency or person designated pursuant to subdivision (5)
of subsection (a) of section 46b-213h. A support order entered pursuant to subsection
(d) of this section does not nullify and is not nullified by a support order made by a court
of this state pursuant to any other section of the general statutes or a support order made
by a court of any other state. Amounts collected by any withholding of income shall be
credited against the amounts accruing or accrued for any period under any support orders
issued either by this state or by another jurisdiction.
(h) The agency or Support Enforcement Services, upon receiving a certified copy
of any amendment or modification to a support order entered pursuant to subsection (d)
of this section, shall file such certified copy with the clerk of Support Enforcement
Services, and Support Enforcement Services shall amend or modify the order for withholding to conform to the modified support order.
(i) If the agency or Support Enforcement Services determines that the obligor has
obtained employment in another state or has a new or additional source of income in
another state, it shall notify the agency which requested the income withholding of the
changes within ten days of receiving that information and shall forward to such agency
all information it has or can obtain with respect to the obligor's new address and the
name and address of the obligor's new employer or other source of income. The agency
or Support Enforcement Services shall include with the notice a certified copy of the
order for withholding in effect in this state.
(j) Any person who is the obligor on a support order of another jurisdiction may
obtain a voluntary income withholding by filing with the agency a request for such
withholding and a certified copy of the support order issued by such jurisdiction. The
agency shall file such request for a voluntary withholding with the certified copy of the
support order from the jurisdiction that entered such order with the clerk of Support
Enforcement Services of the Superior Court and Support Enforcement Services, acting
on behalf of the Family Support Magistrate Division, shall issue an order for withholding. Any order for withholding thus issued shall be subject to all applicable provisions
of this section.
(P.A. 87-483, S. 2, 3; P.A. 89-302, S. 3, 7; P.A. 90-213, S. 42, 56; P.A. 93-262, S. 1, 87; 93-396, S. 10; June 18 Sp.
Sess. P.A. 97-1, S. 72, 75; P.A. 01-91, S. 25; P.A. 03-19, S. 120, 121.)
History: P.A. 89-302 amended Subsec. (a), (d), (e), (f), (g), (h), (k), (l) and (m) by changing "garnishment" to "withholding" or "order for withholding"; P.A. 90-213 replaced bureau of the court with support enforcement division in Subsecs.
(d), (f), (g), (k), (m) and (o), changed family division to bureau of collection services and changed requirement that the
family division make payments to the IV-D agency in Subsec. (j); P.A. 93-262 authorized substitution of commissioner
and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-396 made technical changes; June 18 Sp. Sess. P.A. 97-1 made technical changes in Subsecs. (d), (e) and (f), deleted former
Subsecs. (g), (h), (i), (n) and (o), redesignated former Subsecs. (j) to (m), inclusive, as Subsecs. (g) to (j), inclusive, and
made technical and conforming changes in said Subsecs., effective January 1, 1998; P.A. 01-91 changed "the Support
Enforcement Division" to "Support Enforcement Services" in Subsecs. (c), (d), (f) and (h) to (j), and changed reference
to Sec. 46b-213f(a)(5) to Sec. 46b-213h(a)(5) in Subsec. (g); P.A. 03-19 made technical changes in Subsecs. (d) and (h),
effective May 12, 2003.
Cited. 234 C. 194, 209.
Sec. 52-362g. Notice by IV-D agency for collection of current or past due child
support payments. Any written notice sent by or on behalf of the IV-D agency for the
purpose of collection of current or past due child support payments shall, if such notice
contains possible sanctions for failure to make payments, describe the obligor's right
to (1) move for modification of the court order, (2) a hearing prior to imposition of any
sanctions and (3) appointment of counsel prior to incarceration for contempt if the obligor is indigent.
(P.A. 91-391, S. 12.)
Sec. 52-362h. Defense re withholding support arrearage from federal and
state income tax refunds. For the purpose only of submission to the Internal Revenue
Service for the withholding from federal income tax refunds or submission to the Commissioner of Administrative Services for the withholding from state income tax refunds,
beginning with the tax year 1992, past-due support for a minor child shall not be considered owing to the state if the person against whom such withholding is sought at the
time of the withholding (1) is the legal guardian of the minor child and resides with the
child or (2) is not the legal guardian of the minor child but has resided with the child
either for six months immediately preceding the withholding or for at least six months
of the tax year in question. Any notice given to an obligor shall inform him of the
circumstances in which a submission for such withholding from a federal or state tax
refund shall not be made and shall permit the obligor to obtain a hearing at which he
may attempt to demonstrate the existence of such circumstances.
(P.A. 91-391, S. 13; P.A. 92-253, S. 6.)
History: P.A. 92-253 added phrase "or submission to the commissioner of administrative services for the withholding
from state income tax refunds".
Sec. 52-362i. Court may require cash deposit of support to be held in escrow
by Connecticut Child Support Enforcement Bureau or Support Enforcement Services, when. If the court or family support magistrate finds that (1) an obligor is delinquent on payment of child support, and (2) future support payments are in jeopardy, or
(3) the obligor has exhibited or expressed an intention not to pay any such support, the
court or family support magistrate may order the obligor to provide a cash deposit not
to exceed the amount of four times the current monthly support and arrearage obligation,
to be held in escrow by the Connecticut Child Support Enforcement Bureau or Support
Enforcement Services. Any funds from such cash deposit may be disbursed by the Connecticut Child Support Enforcement Bureau or Support Enforcement Services to the
custodial parent upon a determination by said support enforcement bureau or Support
Enforcement Services that the obligor has failed to pay the full amount of the monthly
support obligation. Payment shall be in an amount that, when combined with the obligor's payment, would not exceed the monthly support obligation. Payment from such
cash deposit shall not preclude a finding of delinquency during the period of time in
which the obligor failed to pay current support.
(P.A. 93-329, S. 6; P.A. 01-91, S. 26.)
History: P.A. 01-91 added references to Support Enforcement Services and made a technical change.
Cited. 234 C. 194, 210.
Sec. 52-362j. "Past-due support", "overdue support", defined. For the purposes of sections 52-362d, 52-362e, 52-362g, and 52-362h:
(1) "Past-due support" means any one or a combination of the following: (A) Court-ordered current support or arrearage payments which have become due and payable and
remain unpaid; (B) unpaid support which has been reduced to a judgment or otherwise
found to be due by a court of competent jurisdiction, whether or not presently payable;
(C) support due for periods prior to an action to establish a child support order.
(2) "Overdue support" means a delinquency accruing after the entry of an initial
court order establishing a child support obligation.
(June 18 Sp. Sess. P.A. 97-7, S. 31, 38; P.A. 03-258, S. 5.)
History: June 18 Sp. Sess. P.A. 97-7 effective July 1, 1997; P.A. 03-258 amended Subdiv. (1) defining "past-due
support" by deleting ", provided such amounts are based upon the obligor's ability to pay during the prior periods if known
or, if not known, on the obligor's current ability to pay if known, or, if not known, upon assistance rendered to the obligor's
child" in Subpara. (C).
Sec. 52-363. Levy on machinery, implements and crops. Removal. Section 52-363 is repealed.
(1949 Rev., S. 8106; March, 1958, P.A. 27, S. 72; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
Sec. 52-364. Levy against partnership. No execution upon a judgment rendered
against copartners shall be levied upon any other than the partnership property or the
individual property of such defendants as are particularly named in the complaint.
(1949 Rev., S. 8107.)
Cited. 21 C. 60. Cited. 192 C. 497, 501-503.
Sec. 52-365. Demand on execution against voluntary association. Demand on
execution, upon a judgment rendered against a voluntary association, may be made on
its presiding officer, secretary or treasurer.
(1949 Rev., S. 8108.)
See Sec. 52-57 (e) re service of process against presiding officer, secretary or treasurer of voluntary association.
Cited. 70 C. 637.
Cited. 42 CS 336, 342, 346.
Secs. 52-366 and 52-367. Levy of execution against oyster-bed association.
Levy on corporate stock. Sections 52-366 and 52-367 are repealed.
(1949 Rev., S. 8109, 8110; 1959, P.A. 574, S. 6; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
Sec. 52-367a. Execution against debts due from financial institution. Judgment debtor other than natural person. (a) As used in this section and section 52-367b, "financial institution" means any bank, savings bank, savings and loan association
or credit union organized, chartered or licensed under the laws of this state or the United
States and having its main office in this state, or any similar out-of-state institution
having a branch office in this state.
(b) Execution may be granted pursuant to this section against any debts due from
any financial institution to a judgment debtor which is not a natural person. If execution
is desired against any such debt, the plaintiff requesting the execution shall make application to the clerk of the court. The application shall be accompanied by a fee of thirty-five dollars payable to the clerk of the court for the administrative costs of complying
with the provisions of this section which fee may be recoverable by the judgment creditor
as a taxable cost of the action. The clerk shall issue such execution containing a direction
that the officer serving such execution shall make demand (1) upon the main office of
any financial institution having its main office within the county of the serving officer,
or (2) if such main office is not within the serving officer's county and such financial
institution has one or more branch offices within such county, upon an employee of
such a branch office, such employee and branch office having been designated by the
financial institution in accordance with regulations adopted by the Banking Commissioner, in accordance with chapter 54, for the payment of any debt due to the judgment
debtor, and, after having made such demand, shall serve a true and attested copy thereof,
with the serving officer's actions thereon endorsed, with the financial institution officer
upon whom such demand is made.
(c) If any such financial institution upon which such execution is served and upon
which such demand is made is indebted to the judgment debtor, the financial institution
shall remove from the judgment debtor's account the amount of such indebtedness not
exceeding the amount due on such execution. Except as provided in subsection (d) of
this section, the financial institution shall immediately pay to such serving officer the
amount removed from the judgment debtor's account, which amount shall be received
and applied on such execution by such serving officer. Such financial institution shall
act upon such execution according to section 42a-4-303 before its midnight deadline,
as defined in section 42a-4-104. Nothing in this subsection shall be construed to affect
any other rights or obligations of the financial institution with regard to funds in the
judgment debtor's account.
(d) If the deposit account is subject to a security interest of a secured party, other
than the financial institution upon which such execution is served and upon which such
demand is made, pursuant to a control agreement between the financial institution and
such secured party under article 9 of title 42a, and if any funds are removed from the
judgment debtor's account pursuant to subsection (c) of this section, the financial institution shall forthwith mail a copy of the execution when received from the serving officer,
postage prepaid, to the judgment debtor and to such other secured party at the last known
address of such parties with respect to the affected accounts on the records of the financial
institution. The financial institution shall hold the amount removed from the judgment
debtor's account pursuant to subsection (c) of this section for twenty days from the date
of the mailing to the judgment debtor and such other secured party, and during such
period shall not pay the serving officer.
(e) To prevent the financial institution from paying the serving officer, as provided
in subsection (h) of this section, such other secured party shall give notice of its prior
perfected security interest in such deposit account, by delivering to the clerk of the
court that issued the execution a written claim for determination of interests in property
pursuant to section 52-356c and by delivering a copy of such claim to the financial
institution upon which such execution is served.
(f) Upon receipt of a written claim for determination of interests in property made
pursuant to subsection (e) of this section, the clerk of the court shall enter the appearance
of the secured party with the address set forth in the written claim. The clerk shall
forthwith send file-stamped copies of the written claim to the judgment creditor, the
judgment debtor and the financial institution upon which such execution was served
with a notice stating that the disputed funds are being held until a court order is entered
regarding the disposition of the funds.
(g) If a written claim for determination of interests in property is made pursuant to
subsection (e) of this section, the financial institution shall continue to hold the amount
removed from the judgment debtor's account until a court order is received regarding
disposition of the funds.
(h) If no written claim for determination of interests in property is made pursuant
to subsection (e) of this section, the financial institution shall, upon demand, forthwith
pay the serving officer the amount removed from the judgment debtor's account, and
the serving officer shall thereupon pay such sum, less such serving officer's fees, to the
judgment creditor, except to the extent otherwise ordered by a court.
(i) If a written claim for determination of interests in property is made pursuant to
subsection (e) of this section, the clerk of the court, after a judgment or order is entered
pursuant to section 52-356c, shall forthwith send a copy of such judgment or order to
the financial institution. Such judgment or order shall be deemed to be a final judgment
for the purposes of appeal. No appeal shall be taken except within seven days of the
rendering of the judgment or order. The judgment or order of the court may be implemented during such seven-day period, unless stayed by the court.
(j) If records or testimony are subpoenaed from a financial institution in connection
with a hearing conducted pursuant to section 52-356c on a written claim for determination of interests in property made pursuant to subsection (e) of this section, the reasonable
costs and expenses of the financial institution in complying with the subpoena shall be
recoverable by the financial institution from the party requiring such records or testimony, provided the financial institution shall be under no obligation to attempt to obtain
records or documentation relating to the account executed against that are held by any
other financial institution. The records of a financial institution as to the dates and
amounts of deposits into an account in the financial institution shall, if certified as true
and accurate by an officer of the financial institution, be admissible as evidence without
the presence of the officer in any hearing conducted pursuant to section 52-356c to
determine the legitimacy of a claim of an interest in property made under subsection
(e) of this section.
(k) If such financial institution fails or refuses to pay over to such serving officer
the amount of such debt, not exceeding the amount due on such execution, such financial
institution shall be liable in an action therefor to the judgment creditor named in such
execution, and the amount so recovered by such judgment creditor shall be applied
toward the payment of the amount due on such execution.
(l) Except as provided in subsection (k) of this section, no financial institution or
any officer, director or employee of such financial institution shall be liable to any person
with respect to any act done or omitted in good faith or through the commission of a
bona fide error that occurred despite reasonable procedures maintained by the financial
institution to prevent such errors in complying with the provisions of this section.
(m) Nothing in this section shall in any way restrict the rights and remedies otherwise available to a judgment debtor or to any such secured party at law or in equity.
(1963, P.A. 44; February, 1965, P.A. 63, S. 1; P.A. 78-121, S. 78, 113; P.A. 81-352, S. 1; P.A. 83-384, S. 1; P.A. 84-546, S. 117, 173; P.A. 87-9, S. 2, 3; 87-569, S. 1; P.A. 97-158; P.A. 03-2, S. 48; 03-62, S. 22; 03-84, S. 40; 03-224, S. 12;
P.A. 04-257, S. 80.)
History: 1965 act added provision in third sentence for leaving copy with banking institution officer; P.A. 78-121
removed private bankers and referred to savings and loan associations rather than to "building or" savings and loan associations in definition of "banking institution"; P.A. 81-352 included "federal credit union" in the definition of banking institution and made the definition applicable to Sec. 52-367a, made the provisions of the section applicable only to judgment
debtors who are not natural persons, and made certain minor language changes; P.A. 83-384 provided that service of an
execution may be made upon an employee of a branch office when the main office of the banking institution is not within
the serving officer's precincts; P.A. 84-546 made technical change, substituting "actions" for "doings"; (Revisor's note:
Pursuant to P.A. 87-9 "banking commissioner" was changed editorially by the Revisors to "commissioner of banking");
P.A. 87-569 substituted "county" for "precincts"; P.A. 97-158 redefined "banking institution"; (Revisor's note: In 2003
commas were inserted editorially by the Revisors before "or (2)" and after "Commissioner of Banking" for consistency
and proper form); P.A. 03-2 required a plaintiff requesting execution to "make application to the clerk of the court" rather
than "so notify the clerk" and added provision requiring the application be accompanied by a fee of thirty-five dollars
payable to the clerk of the court for administrative costs of compliance and authorizing the recovery of such fee by the
judgment creditor as a taxable cost of the action, effective February 28, 2003; P.A. 03-62 designated existing definitional
provision as Subsec. (a), designated existing provisions authorizing execution against debts due from banking institution to
judgment debtor and prescribing the procedure for requesting, issuing and serving such execution as Subsec. (b), designated
existing provisions re obligations of banking institution upon being served such execution as Subsec. (c) and amended
said Subsec. to rephrase provisions, add exception re Subsec. (d) to requirement of immediate payment to the officer and
add provision that nothing shall be construed to affect any other rights or obligations of the banking institution with regard
to funds in the judgment debtor's account, added new Subsec. (d) re banking institution's obligations when the deposit
account is subject to a security interest of a secured party pursuant to a control agreement under article 9 of title 42a, added
new Subsec. (e) re procedure for such other secured party to give notice of its prior perfected security interest, added new
Subsec. (f) re obligations of court clerk when a written claim for determination of interests in property is received, added
new Subsec. (g) re obligation of banking institution to continue to hold the amount removed from judgment debtor's
account if a written claim for determination of interests in property is made, added new Subsec. (h) re obligation of banking
institution to pay the serving officer and obligation of serving officer to pay the judgment creditor if no written claim for
determination of interests in property is made, added new Subsec. (i) re obligation of court clerk after a judgment or order
is entered pursuant to Sec. 52-356c and the finality, appeal and implementation of such judgment or order, added new
Subsec. (j) re recovery of costs and expenses of banking institution in complying with a subpoena and admissibility of the
records of a banking institution as to dates and amounts of deposits into an account, designated existing provision re liability
of banking institution that fails or refuses to pay over the amount of the debt as Subsec. (k), added new Subsec. (l) re
immunity from liability for good faith acts or omissions or commission of bona fide errors occurring despite reasonable
procedures to prevent such errors, and added Subsec. (m) re no restriction of the rights and remedies otherwise available
to a judgment debtor or any such secured party at law or in equity; P.A. 03-84 changed "Commissioner of Banking" to
"Banking Commissioner" and made technical changes, effective June 3, 2003; P.A. 03-224 replaced references to "banking
institution" with references to "financial institution" and made technical changes, effective July 2, 2003; P.A. 04-257 made
technical changes in Subsecs. (c) to (j) and (l), effective June 14, 2004.
Cited. 181 C. 125, 127. Cited. 230 C. 486, 490-493, 495, 497-503, 507, 508, 510, 519, 521, 524. Cited. 232 C. 167,
168, 170, 172. Cited. 240 C. 343.
Requirements and obligations imposed by statute do not apply to any portion of depositor's account that does not
represent a debt due from bank to the depositor. 67 CA 588.
Sec. 52-367b. Execution against debts due from financial institution. Natural
person as judgment debtor. (a) Exempt debts. Execution may be granted pursuant
to this section against any debts due from any financial institution to a judgment debtor
who is a natural person, except to the extent such debts are protected from execution
by sections 52-352a, 52-352b, 52-352c of the general statutes, revision of 1958, revised
to 1983, 52-354 of the general statutes, revision of 1958, revised to 1983, 52-361 of the
general statutes, revision of 1958, revised to 1983 and section 52-361a, as well as by
any other laws or regulations of this state or of the United States which exempt such
debts from execution.
(b) Issuance and service of execution. If execution is desired against any such
debt, the plaintiff requesting the execution shall make application to the clerk of the
court. The application shall be accompanied by a fee of thirty-five dollars payable to
the clerk of the court for the administrative costs of complying with the provisions of
this section which fee may be recoverable by the judgment creditor as a taxable cost of
the action. In a IV-D case, the request for execution shall be accompanied by an affidavit
signed by the serving officer attesting to an overdue support amount of five hundred
dollars or more which accrued after the entry of an initial family support judgment. If
the papers are in order, the clerk shall issue such execution containing a direction that
the officer serving such execution shall, within seven days from the receipt by the serving
officer of such execution, make demand (1) upon the main office of any financial institution having its main office within the county of the serving officer, or (2) if such main
office is not within the serving officer's county and such financial institution has one
or more branch offices within such county, upon an employee of such a branch office,
such employee and branch office having been designated by the financial institution in
accordance with regulations adopted by the Banking Commissioner, in accordance with
chapter 54, for payment of any such nonexempt debt due to the judgment debtor and,
after having made such demand, shall serve a true and attested copy of the execution,
together with the affidavit and exemption claim form prescribed by subsection (k) of this
section, with the serving officer's actions endorsed thereon, with the financial institution
officer upon whom such demand is made. If the officer serving such execution has made
an initial demand pursuant to this subsection within such seven-day period, the serving
officer may make additional demands upon the main office of other financial institutions
or employees of other branch offices pursuant to subdivision (1) or (2) of this subsection,
provided any such additional demand is made not later than forty-five days from the
receipt by the serving officer of such execution.
(c) Removal of funds from judgment debtor's account. If any such financial
institution upon which such execution is served and upon which such demand is made is
indebted to the judgment debtor, the financial institution shall remove from the judgment
debtor's account the amount of such indebtedness not exceeding the amount due on
such execution before its midnight deadline, as defined in section 42a-4-104. Notwithstanding the provisions of this subsection, if electronic direct deposits that are readily
identifiable as exempt federal veterans' benefits, Social Security benefits, including,
but not limited to, retirement, survivors' and disability benefits, supplemental security
income benefits or child support payments processed and received pursuant to Title IV-D of the Social Security Act were made to the judgment debtor's account during the
thirty-day period preceding the date that the execution was served on the financial institution, then the financial institution shall leave the lesser of the account balance or one
thousand dollars in the judgment debtor's account, provided nothing in this subsection
shall be construed to limit a financial institution's right or obligation to remove such
funds from the judgment debtor's account if required by any other provision of law or
by a court order. The judgment debtor shall have access to such funds left in the judgment
debtor's account pursuant to this subsection. The financial institution may notify the
judgment creditor that funds have been left in the judgment debtor's account pursuant
to this subsection. Nothing in this subsection shall alter the exempt status of funds which
are exempt from execution under subsection (a) of this section or under any other provision of state or federal law, or the right of a judgment debtor to claim such exemption.
Nothing in this subsection shall be construed to affect any other rights or obligations of
the financial institution with regard to the funds in the judgment debtor's account.
(d) Notice to judgment debtor and secured party. If any funds are removed from
the judgment debtor's account pursuant to subsection (c) of this section, upon receipt of
the execution and exemption claim form from the serving officer, the financial institution
shall forthwith mail copies thereof, postage prepaid, to the judgment debtor and to any
secured party that is party to a control agreement between the financial institution and
such secured party under article 9 of title 42a at the last known address of the judgment
debtor and of any such secured party with respect to the affected accounts on the records
of the financial institution. The financial institution shall hold the amount removed from
the judgment debtor's account pursuant to subsection (c) of this section for fifteen days
from the date of the mailing to the judgment debtor and any such secured party, and
during such period shall not pay the serving officer.
(e) Claim of exemption and claim of prior perfected security interest. To prevent
the financial institution from paying the serving officer, as provided in subsection (h)
of this section, the judgment debtor shall give notice of a claim of exemption by delivering to the financial institution, by mail or other means, the exemption claim form or
other written notice that an exemption is being claimed and any such secured party shall
give notice of its claim of a prior perfected security interest in such deposit account by
delivering to the financial institution, by mail or other means, written notice thereof.
The financial institution may designate an address to which the notice of a claim of
exemption, or a secured party claim notice, shall be delivered. Upon receipt of such
notice, the financial institution shall, within two business days, send a copy of such
notice to the clerk of the court which issued the execution.
(f) Hearing. (1) Upon receipt of an exemption claim form or a secured party claim
notice, the clerk of the court shall enter the appearance of the judgment debtor or such
secured party with the address set forth in the exemption claim form or secured party
claim notice. The clerk shall forthwith send file-stamped copies of the exemption claim
form or secured party claim notice to the judgment creditor and judgment debtor with
a notice stating that the disputed funds are being held for forty-five days from the date
the exemption claim form or secured party claim notice was received by the financial
institution or until a court order is entered regarding the disposition of the funds, whichever occurs earlier, and the clerk shall automatically schedule the matter for a short
calendar hearing. The claim of exemption filed by such judgment debtor shall be prima
facie evidence at such hearing of the existence of the exemption.
(2) Upon receipt of notice from the financial institution pursuant to subsection (c)
of this section, a judgment creditor may, on an ex parte basis, present to a judge of the
Superior Court an affidavit sworn under oath by a competent party demonstrating a
reasonable belief that such judgment debtor's account contains funds which are not
exempt from execution and the amount of such nonexempt funds. Such affidavit shall
not be conclusory but is required to show the factual basis upon which the reasonable
belief is based. If such judge finds that the judgment creditor has demonstrated a reasonable belief that such judgment debtor's account contains funds which are not exempt
from execution, such judge shall authorize the judgment creditor to submit a written
application to the clerk of the court for a hearing on the exempt status of funds left in
the judgment debtor's account pursuant to subsection (c) of this section. The judgment
creditor shall promptly send a copy of the application and the supporting affidavit to
the judgment debtor and to any secured party shown on a secured party claim notice
sent to the judgment creditor pursuant to subdivision (1) of this subsection. Upon receipt
of such application, the clerk of the court shall automatically schedule the matter for a
short calendar hearing and shall give written notice to the judgment creditor, the judgment debtor and any secured party shown on a secured party claim notice received by
the clerk of the court. The notice to the judgment creditor pursuant to subsection (c) of
this section shall be prima facie evidence at such hearing that the funds in the account
are exempt funds. The burden of proof shall be upon the judgment creditor to establish
the amount of funds which are not exempt.
(g) Disposition if exemption or prior perfected security interest is claimed. If
an exemption claim is made or a secured party claim notice is given pursuant to subsection (e) of this section, the financial institution shall continue to hold the amount removed
from the judgment debtor's account for forty-five days or until a court order is received
regarding disposition of the funds, whichever occurs earlier. If no such order is received
within forty-five days of the date the financial institution sends a copy of the exemption
claim form or notice of exemption or a secured party claim notice to the clerk of the
court, the financial institution shall return the funds to the judgment debtor's account.
(h) Disposition if no exemption or prior perfected security interest is claimed.
If no claim of exemption or secured party claim notice is received by the financial
institution within fifteen days of the mailing to the judgment debtor and any secured
party of the execution and exemption claim form pursuant to subsection (d) of this
section, the financial institution shall, upon demand, forthwith pay the serving officer
the amount removed from the judgment debtor's account, and the serving officer shall
thereupon pay such sum, less such serving officer's fees, to the judgment creditor, except
to the extent otherwise ordered by a court.
(i) Court order. The court, after a hearing conducted pursuant to subsection (f) of
this section, shall enter an order determining the issues raised by the claim of exemption
and claim by a secured party of a prior perfected security interest in such deposit account.
The clerk of the court shall forthwith send a copy of such order to the financial institution.
Such order shall be deemed to be a final judgment for the purposes of appeal. No appeal
shall be taken except within seven days of the rendering of the order. The order of the
court may be implemented during such seven-day period, unless stayed by the court.
(j) Determination of exempt moneys. If both exempt and nonexempt moneys have
been deposited into an account, for the purposes of determining which moneys are
exempt under this section, the moneys most recently deposited as of the time the execution is served shall be deemed to be the moneys remaining in the account.
(k) Forms. The execution, exemption claim form and clerk's notice regarding the
filing of a claim of exemption shall be in such form as prescribed by the judges of the
Superior Court or their designee. The exemption claim form shall be dated and include
a checklist and description of the most common exemptions, instructions on the manner
of claiming the exemptions and a space for the judgment debtor to certify those exemptions claimed under penalty of false statement.
(l) Records of financial institution. If records or testimony are subpoenaed from
a financial institution in connection with a hearing conducted pursuant to subsection (f)
of this section, the reasonable costs and expenses of the financial institution in complying
with the subpoena shall be recoverable by the financial institution from the party requiring such records or testimony, provided, the financial institution shall be under no obligation to attempt to obtain records or documentation relating to the account executed
against which are held by any other financial institution. The records of a financial
institution as to the dates and amounts of deposits into an account in the financial institution shall, if certified as true and accurate by an officer of the financial institution, be
admissible as evidence without the presence of the officer in any hearing conducted
pursuant to subsection (f) of this section to determine the legitimacy of a claim of exemption made under this section.
(m) Fee for financial institution's costs. If there are moneys to be removed from
the judgment debtor's account, prior to the removal of such moneys pursuant to subsection (c) of this section, the financial institution shall receive from the serving officer as
representative of the judgment creditor a fee of eight dollars for the financial institution's
costs in complying with the provisions of this section which fee may be recoverable by
the judgment creditor as a taxable cost of the action.
(n) Liability of financial institution. If the financial institution fails or refuses to
pay over to the serving officer the amount of such debt, not exceeding the amount due
on such execution, such financial institution shall be liable in an action therefor to the
judgment creditor named in such execution for the amount of nonexempt moneys which
the financial institution failed or refused to pay over, excluding funds of up to one
thousand dollars which the financial institution in good faith allowed the judgment
debtor to access pursuant to subsection (c) of this section. The amount so recovered by
such judgment creditor shall be applied toward the payment of the amount due on such
execution. Thereupon, the rights of the financial institution shall be subrogated to the
rights of the judgment creditor. If such financial institution pays exempt moneys from
the account of the judgment debtor over to the serving officer contrary to the provisions
of this section, such financial institution shall be liable in an action therefor to the judgment debtor for any exempt moneys so paid and such financial institution shall refund
or waive any charges or fees by the financial institution, including, but not limited to,
dishonored check fees, overdraft fees or minimum balance service charges and legal
process fees, which were assessed as a result of such payment of exempt moneys. Thereupon, the rights of the financial institution shall be subrogated to the rights of the judgment debtor.
(o) Good faith immunity. Except as provided in subsection (n) of this section, no
financial institution or any officer, director or employee of such financial institution
shall be liable to any person with respect to any act done or omitted in good faith or
through the commission of a bona fide error that occurred despite reasonable procedures
maintained by the financial institution to prevent such errors in complying with the
provisions of this section.
(p) Rights of judgment debtor and secured party. Nothing in this section shall
in any way restrict the rights and remedies otherwise available to a judgment debtor or
any such secured party at law or in equity.