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