CHAPTER 906*
POSTJUDGMENT PROCEDURES

      Secs. 52-347 to 52-350. Form of execution. Service and return of execution. Interest on judgments collected on executions. Execution upon unsatisfied judgment of justice. Sections 52-347 to 52-350, inclusive, are repealed.

      (1949 Rev., S. 8092-8095; 1959, P.A. 28, S. 185, 204; 1963, P.A. 642, S. 55; P.A. 78-280, S. 107, 127; P.A. 81-410, S. 9; P.A. 83-581, S. 39, 40; June Sp. Sess. P.A. 83-29, S. 44, 82; P.A. 84-546, S. 127, 173.)

      See Sec. 52-350f re enforcement of money judgments, including costs, fees and interest.

      See Sec. 52-356a re execution against certain nonexempt personal property.

      Sec. 52-350a. Definitions. For the purposes of this chapter and section 49-51, unless the context otherwise requires:

      (1) "Conspicuous" means conspicuous as defined in section 42a-1-201.

      (2) "Consumer debt or obligation" means a debt or obligation incurred primarily for personal, family or household purposes.

      (3) "Consumer judgment" means a money judgment of less than five thousand dollars against a natural person resulting from any consumer debt or obligation.

      (4) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required to be withheld for payment of federal income and employment taxes, normal retirement contributions, union dues and initiation fees, group life insurance premiums, health insurance premiums, and federal tax levies.

      (5) "Earnings" means any debt accruing by reason of 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.

      (6) "Employer" means any person owing a debt accruing to the judgment debtor by reason of personal services.

      (7) "Family support judgment" means a judgment, order or decree of the Superior Court or a family support magistrate for payment of a legal obligation for support or alimony to a spouse, former spouse or child and includes any such order for periodic payments whether issued pendente lite or otherwise.

      (8) "Financial institution" means a financial institution as defined in section 36a-41.

      (9) "Installment payment order" means the fixing by the court of a sum to be paid periodically by the judgment debtor until satisfaction of a money judgment.

      (10) "Judgment creditor" means a person in whose favor a money judgment was rendered, or any person succeeding to such rights.

      (11) "Judgment debtor" means a person against whom a money judgment was rendered.

      (12) "Levying officer" means a state marshal or constable acting within such marshal's or constable's geographical jurisdiction or in IV-D cases, any investigator employed by the Commissioner of Social Services.

      (13) "Money judgment" means a judgment, order or decree of the court calling in whole or in part for the payment of a sum of money, other than a family support judgment. Money judgment includes any such money judgment of a small claims session of the Superior Court, any foreign money judgment filed with the Superior Court pursuant to the general statutes and in IV-D cases, overdue support in the amount of five hundred dollars or more accruing after the entry of an initial family support judgment.

      (14) "Person" includes an individual, a partnership, an association, a limited liability company or a corporation.

      (15) "Postjudgment procedure" means any procedure commenced after rendition of a money judgment, seeking or otherwise involving a discovery procedure, a placing of a lien on property, a modification or discharge of a lien, a property execution under section 52-356a, a turnover order, an installment payment order, a wage execution, a modification of a wage execution, a compliance order, a protective order or a determination of exemption rights.

      (16) "Property" means any real or personal property in which the judgment debtor has an interest which he could assign or transfer, including (A) any present or future right or interest, whether or not vested or liquidated, (B) any debt, whether due or to become due, and (C) any cause of action which could be assigned or transferred.

      (P.A. 83-581, S. 1, 40; P.A. 84-527, S. 1; P.A. 95-79, S. 175, 189; P.A. 96-268, S. 11, 34; P.A. 00-99, S. 114, 154; P.A. 01-195, S. 62, 181; P.A. 03-107, S. 8.)

      History: P.A. 84-527 amended the definition of "postjudgment procedure" to add "a modification of a wage execution" and to replace "protection" with "protective" order; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 96-268 redefined "family support judgment" to add "family support magistrate", redefined "levying offices" to add "in IV-D cases, any investigator employed by the Commissioner of Social Services" and redefined "money judgment" to add overdue support in the amount of five hundred dollars or more in IV-D cases, effective July 1, 1996; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subdiv. (12), effective December 1, 2000; P.A. 01-195 made a technical change in Subdiv. (12) for purposes of gender neutrality, effective July 11, 2001; P.A. 03-107 made a technical change in Subdiv. (4), effective June 18, 2003.

      Cited. 232 C. 216. Cited. 240 C. 343.

      Cited. 33 CA 359.

      Subdiv. (5):

      Definition of term "earnings" discussed. 232 C. 216.

      Subdiv. (7):

      Cited. 211 C. 485. Cited. 240 C. 35.

      Cited. 15 CA 718.

      Subdiv. (13):

      Cited. 211 C. 485. Cited. 240 C. 35.

      Cited. 15 CA 718.

      Subdiv. (15):

      Cited. 240 C. 35.

      Sec. 52-350b. Applicability. (a) Sections 49-51, 52-350a, 52-350c to 52-350f, inclusive, 52-351a, 52-351b, 52-352a, 52-352b, 52-353, 52-355a, 52-356a to 52-356d, inclusive, 52-361a, 52-361b, 52-380a, 52-380d to 52-380g, inclusive, and 52-400a to 52-400d, inclusive, as amended or enacted by sections 1 to 27, inclusive, of public act 83-581 apply to all postjudgment proceedings commenced on or after July 14, 1983. Said sections do not invalidate or otherwise affect any lien, property execution or wage execution outstanding on July 14, 1983. A postjudgment proceeding commenced prior to July 14, 1983, is governed by the law in effect when the proceeding was commenced.

      (b) Any execution against earnings issued pursuant to section 52-361 prior to July 14, 1983, which has not been satisfied, otherwise valid except for lack of adequate notice, is validated, subject to the right of the judgment debtor to claim an exemption or seek a modification pursuant to section 52-361b.

      (P.A. 83-581, S. 28, 40; 83-587, S. 68, 96; P.A. 84-226, S. 1, 2.)

      History: P.A. 83-587 added Subsec. (b) re validation of wage executions issued prior to July 14, 1983; P.A. 84-226 amended Subsec. (a) by clarifying that the lien, property execution or wage execution was outstanding "on July 14, 1983" and amended Subsec. (b) by replacing provision which excepted from validation "any execution with respect to which a person claims an exemption or seeks a modification pursuant to Sec. 52-361b within forty-five days of July 14, 1983" with provision that the execution is validated "subject to the right of the judgment debtor to claim an exemption or seek a modification pursuant to Sec. 52-361b".

      Cited (as P.A. 83-581, S. 28). 1 CA 291. Cited. 33 CA 359.

      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.

      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. Cited. 211 C. 485. Cited. 220 C. 643. An execution is to be used to enforce payment of a valid and specific court judgment. 260 C. 766.

      Cited. 15 CA 718. Cited. 34 CA 816.

      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.

      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.

      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 Subdivs. (j) to (o), formerly Sec. 52-352c, and added Subdivs. (p) and (q), formerly Sec. 52-354; P.A. 91-239 amended Subdiv. (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 Subdiv. (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 Subdiv. (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. Cited. 222 C. 361. Cited. 238 C. 778. P.A. 91-239 cited. Id.

      Cited. 22 CA 260. Trial court improperly created an exemption not provided by statute. 49 CA 503.

      Subdiv. (n):

      Cited. 33 CA 365.

      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.

      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.

      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. Liability of judgment creditor who directs wrongful levy. 72 C. 243. Effect of levying where judgment has been discharged but not released or where judgment creditor is dead. 79 C. 682. Demand where attachment has been dissolved by bond. 86 C. 615. Demand on execution against a corporation may be made on its secretary wherever he is found. Id., 621. 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.

      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.

      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) of this section, on a showing of need for the order. If the order is to be directed against a third person, such person shall be notified of his right pursuant to section 52-356c to a determination of any interest claimed in the property.

      (c) The court may issue a turnover order against a judgment debtor, without notice or hearing, upon affidavit by the judgment creditor or another competent affiant stating facts from which the court concludes that there is a reasonable likelihood that the judgment debtor is about to remove the property from the state or is about to fraudulently dispose of the property with intent to hinder, delay or defraud his creditors. The court shall expeditiously hear and determine any motion by the judgment debtor to dissolve such an ex parte order.

      (d) Unless directed to a person who is before the court, any turnover order shall be personally served and shall contain a notice that failure to comply therewith may subject the person served to being held in contempt of court.

      (P.A. 83-581, S. 10, 40; P.A. 84-527, S. 7; P.A. 97-86, S. 2; P.A. 05-288, S. 178.)

      History: P.A. 84-527 amended Subsec. (b) to provide for the issuance of a turnover order "after notice and hearing or as provided in Subsec. (c)" and to require a third person against whom an order is to be directed to be notified of his right to a determination of any interest claimed in the property, added a new Subsec. (c) to authorize the court to issue an ex parte turnover order, and redesignated former Subsec. (c) as Subsec. (d) and provided that a turnover order need not be personally served if directed to a person before the court; P.A. 97-86 amended Subsec. (a) to replace "If an execution is issued, the judgment creditor may apply to the court for an order in aid of the execution" with "If a judgment is unsatisfied, the judgment creditor may apply to the court for an execution and an order in aid of the execution"; P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005.

      Cited. 217 C. 507. Cited. 240 C. 343.

      Cited. 38 CA 44.

      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. Cited. 217 C. 507. Cited. 222 C. 793. Cited. 240 C. 343.

      Cited (as P.A. 83-581, S. 11(a)). 1 CA 291. Cited. 4 CA 319.

      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.

      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.

      Cited. 37 CS 566.

      Annotation to present section:

      Cited. 22 CA 260. Cited. 33 CA 395.

      Subsec. (f):

      Cited. 33 CA 365.

      Subsec. (g):

      Cited. 34 CA 816.

      Subsec. (h):

      Power to modify pursuant to the section does not include the power to vacate. 33 CA 395.

      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.

      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.

      Cited. 33 CA 395.

      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. Cited. Id., 840.

      Subsec. (b):

      Cited. 28 CA 794. 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.

      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.

      Sec. 52-362d. Lien against property of obligor for unpaid child support. Securing, releasing or foreclosing lien. Notice of lien and opportunity for hearing. 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. Hearings re alleged arrearages. 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. 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. After securing the lien, the IV-D agency shall provide such person with notice of the lien and an opportunity for a hearing before a hearing officer of the Department of Social Services pursuant to section 17b-60 to contest the lien. The IV-D agency shall file a release of such lien if a hearing officer determines that the conditions for the existence of a lien are not satisfied. 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; P.A. 06-149, S. 25.)

      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); P.A. 06-149 amended Subsec. (a) to substitute requirement that agency provide notice and opportunity for hearing after securing lien, and that lien be released if hearing officer determines conditions for existence of lien are not satisfied, for prior requirement that agency first provide notice and hearing prior to having lien, effective June 6, 2006.

      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.

      Subsec. (b):

      Cited. 234 C. 194.

      Subsec. (c):

      Cited. 234 C. 194.

      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.

      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.

      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.

      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.

      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.

      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. Cited. 230 C. 486. Cited. 232 C. 167. 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.

      (q) Financial institution's rights re uncollected funds. Nothing in this section shall in any way affect any rights of the financial institution with respect to uncollected funds credited to the account of the judgment debtor, which rights shall be superior to those of the judgment creditor.

      (r) Deposits of public assistance or Title IV-D child support payments. For the purposes of this subsection, "exempt" shall have the same meaning as provided in subsection (c) of section 52-352a. Funds deposited in an account that has been established for the express purpose of receiving electronic direct deposits of public assistance or of Title IV-D child support payments from the Department of Social Services shall be exempt.

      (P.A. 81-352, S. 2; P.A. 83-384, S. 2; P.A. 84-546, S. 118, 173; P.A. 85-140, S. 5; P.A. 87-9, S. 2, 3; P.A. 87-569, S. 2; P.A. 94-141; P.A. 95-356, S. 2; P.A. 96-268, S. 12, 34; P.A. 01-196, S. 1, 2; June Sp. Sess. P.A. 01-9, S. 12, 131; P.A. 02-93, S. 1; P.A. 03-2, S. 49; 03-62, S. 23; 03-84, S. 41; 03-224, S. 13; P.A. 04-257, S. 81; P.A. 06-149, S. 26.)

      History: P.A. 83-384 amended Subsec. (b) to provide 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 changes in Subsec. (a); P.A. 85-140 amended Subsec. (k) by replacing "pursuant to section 51-14" after "judges of the superior court" with "or their designee"; (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. 94-141 amended Subsec. (f) to provide that the notice shall state that the disputed assets are being held for forty-five days, rather than twenty days, and that the assets are being held for said forty-five days "or until a court order is entered regarding the disposition of the funds, whichever occurs earlier," amended Subsec. (g) to increase from twenty to forty-five days the time period that the banking institution shall hold the funds, and amended Subsec. (i) to require the clerk of the court to forthwith send a copy of the order to the banking institution; P.A. 95-356 added Subsec. (r) exempting funds in account established for the express purpose of receiving electronic direct deposits of public assistance payments for the Department of Social Services; P.A. 96-268 amended Subsec. (b) to require that request for execution in a IV-D case be accompanied by an affidavit signed by the levying officer attesting to an overdue support amount of five hundred dollars or more, effective July 1, 1996; P.A. 01-196 amended Subsec. (b) by making technical changes, amended Subsec. (c) to add provisions re treatment of electronic direct deposits of exempt funds, amended Subsec. (d) to add reference to removal of funds pursuant to Subsec. (c) and make a technical change, amended Subsec. (f) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re nonexempt funds affidavit and hearing, amended Subsec. (h) to make a technical change, amended Subsec. (n) to add provisions re exclusion of funds accessed pursuant to Subsec. (c) and re waiver of charges and fees assessed as a result of payment of exempt moneys, and amended Subsec. (o) to add provision re commission of bona fide error, effective January 1, 2002; June Sp. Sess. P.A. 01-9 amended Subsec. (b) to add provisions re levying officer making additional demands and make technical changes, effective July 1, 2001; P.A. 02-93 amended Subsec. (c) by adding provision re child support payments processed and received pursuant to Title IV-D and by changing amount to be left in judgment debtor's account from eight hundred to one thousand dollars, amended Subsec. (n) by changing amount of excluded funds from eight hundred to one thousand dollars and made technical changes throughout section, effective January 1, 2003; P.A. 03-2 amended Subsec. (b) to require a plaintiff requesting execution to "make application to" rather than "notify" the clerk of the court and add 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 amended Subsec. (d) to require the banking institution to mail copies of the execution and exemption claim form "to any secured party that is party to a control agreement between the banking institution and such secured party under article 9 of title 42a" and add references to "any such secured party", amended Subsec. (e) to add provision requiring any such secured party to give notice of its claim of a prior perfected security interest in deposit account by delivering written notice to the banking institution and add reference to "a secured party claim notice", amended Subsec. (f)(1) to add reference to the appearance of "such secured party" and add references to "a secured party claim notice", amended Subsec. (f)(2) to require the judgment creditor to send a copy of the application and affidavit "to any secured party shown on a secured party claim notice sent to the judgment creditor pursuant to subdivision (1) of this subsection" and require the court clerk to give written notice to "any secured party shown on a secured party claim notice received by the clerk of the court", amended Subsec. (g) to make provisions applicable if "a secured party claim notice is given" and add reference to "a secured party claim notice", amended Subsec. (h) to add reference to "secured party claim notice" and "any secured party", amended Subsec. (i) to add reference to the "claim by a secured party of a prior perfected security interest in such deposit account" and amended Subsec. (p) to add reference to "any such secured party"; P.A. 03-84 changed "Commissioner of Banking" to "Banking Commissioner" in Subsec. (b), effective June 3, 2003; P.A. 03-224 replaced references to "banking institution" with references to "financial institution" and made a technical change, effective July 2, 2003; P.A. 04-257 made a technical change in Subsecs. (d) and (e), effective June 14, 2004; P.A. 06-149 amended Subsec. (r) to reference deposits of Title IV-D child support payments, effective June 6, 2006.

      Cited. 240 C. 343.

      Cited. 22 CA 260. Trial court improperly created an exemption not provided by statute. 49 CA 503.

      Subsec. (i):

      Cited. 240 C. 623.

      Court required to enter order determining issues raised by exemption claim. 22 CA 260.

      Sec. 52-367c. Execution against lottery and pari-mutuel winnings. (a) Notwithstanding any other provision of the general statutes, 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 against any winnings of the judgment debtor pursuant to chapter 226 or 229a, as the case may be. The execution shall be directed to (1) the State Comptroller who shall withhold any order of the State Treasurer, or (2) the president of the Connecticut Lottery Corporation, as the case may be, for payment due from winnings pursuant to chapter 226 or 229a to such judgment debtor until the judgment is satisfied.

      (b) The Connecticut Lottery Corporation may establish a reasonable fee for any administrative expenses associated with executions made pursuant to subsection (a) of this section, including the cost to the Connecticut Lottery Corporation of any fee that may be imposed by the clerk of the court. The amount of the fee shall reflect the direct and indirect costs of processing the executions by said corporation.

      (P.A. 98-137, S. 55, 56, 62; 98-219, S. 33, 34.)

      History: P.A. 98-219 changed the effective date of P.A. 98-137 from October 1, 1998, to July 1, 1998, effective July 1, 1998.

      Secs. 52-368 to 52-380. Levy on: Interest of one railroad in property of another railroad; body execution; body for want of bail; real estate; real estate of voluntary association. Return and record of levy on real estate. Levy on: Equity in real and personal estate; lands in different towns. Appointment of appraisers when town is interested. Levy on equity of redemption in different towns. Charge of illegal fees not to vitiate levy. Levy on: Oyster beds; leases and franchises. Sections 52-368 to 52-380, inclusive, are repealed.

      (1949 Rev., S. 8111-8113, 8115-8124; 1959, P.A. 28, S. 187; 1961, P.A. 517, S. 47; 1967, P.A. 656, S. 45, 46; P.A. 74-183, S. 102, 103, 291; P.A. 76-436, S. 491, 492, 681; P.A. 78-280, S. 1, 127; P.A. 81-410, S. 14; P.A. 82-472, S. 142, 183; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)

      Sec. 52-380a. Judgment lien on real property. (a) A judgment lien, securing the unpaid amount of any money judgment, including interest and costs, may be placed on any real property by recording, in the town clerk's office in the town where the real property lies, a judgment lien certificate, signed by the judgment creditor or his attorney or personal representative, containing: (1) A statement of 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 (2) a description, which need not be by metes and bounds, of the real property on which a lien is to be placed, and a statement that the lien has been placed on such property.

      (b) From the time of the recording of the judgment lien certificate, the money judgment shall be a lien on the judgment debtor's interest in the real property described. If, within four months of judgment, the lien is placed on real property which was previously attached in the action, the lien on that property shall hold from the date of attachment, provided the judgment lien certificate contains a clause referring to and identifying the attachment, substantially in the following form: "This lien is filed within four months after judgment in the action was rendered and relates back to an attachment of real property recorded on (month) (day) (year), at Volume              Page              of the              land records."

      (c) A judgment lien on real property may be foreclosed or redeemed in the same manner as mortgages on the same property. In the case of a consumer judgment, the complaint 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 allege any default on an installment payment order which is a precondition to foreclosure. No action to foreclose a judgment lien filed pursuant to this section may be commenced unless an execution may issue pursuant to section 52-356a. The judgment lien shall expire twenty years after the judgment was rendered unless the party claiming the lien commences an action to foreclose it within that period of time and records a notice of lis pendens in evidence thereof on the land records of the town in which the real property is located.

      (P.A. 83-581, S. 14, 40; P.A. 84-527, S. 10.)

      History: P.A. 84-527 amended Subsec. (c) to require the complaint in the case of a consumer judgment to indicate whether pursuant to an installment payment order the court has entered a stay of execution and to prohibit the commencement of an action to foreclose a judgment lien unless an execution may issue pursuant to Sec. 52-356a.

      Annotations to former section 49-44:

      Judgment lien is not dissolved by insolvency proceedings. 47 C. 408. Nonsuit, set aside at same term, does not dissolve attachment. 52 C. 17. Where judgment exceeded amount attached, judgment lien on land attached cannot be foreclosed for sum greater than the attachment. Id. Creditor having mortgage on one parcel of real estate and a judgment lien on another for the same debt may foreclose both together. 54 C. 101. Creditor of deceased debtor cannot, upon a judgment against the administrator, put a judgment lien on land of the estate. 55 C. 130. A judgment lien is a mortgage, and the lienor has all the rights of a mortgagee. 60 C. 343. Validity of judgment lien not affected by the fact that when it was filed there was a stay of execution on the judgment. 61 C. 235. Superfluous signatures do not invalidate certificate. 75 C. 153. Liens are creatures of statutes; none lies in action where money damages not sought. Id., 191. Four months' period begins to run from date of judgment in trial court; appeal proceedings do not extend time. 103 C. 736. Error in certificate in describing court did not make attachment invalid. 114 C. 83. This rule qualified in determining status of parties to partition suit. 133 C. 429. Cited. 137 C. 94. Cited. 140 C. 464. Interest of joint tenant with right of survivorship can be attached and taken on execution. 145 C. 332. Failure to state rate of interest in mortgage deed does not result in failure to meet requirement of notice of nature and amount of encumbrance thereby giving judgment lien priority. 151 C. 388. See section 37-1. Cited. 166 C. 195. Cited. 168 C. 43.

      Nature of a judgment lien. It is not an instrument susceptible of reformation upon the prayer of the creditor; by it he gives up nothing. Equity will not reform an instrument created solely by statute. 3 CS 249. Judgment not for entire sum but directing periodical payments furnished a proper basis for the filing of such a lien. 10 CS 319. But in 17 CS 474 the court said that liens were limited to judgments for a definite and certain amount of money due at the time of the entry of judgment.

      Annotations to former section 49-46:

      Cited. 61 C. 235. See note to Sec. 49-44. Property not open to attachment in the suit, cannot be taken by judgment lien and foreclosure. 62 C. 430. An obligee in a bond for a deed, who has paid no part of the purchase money, has no interest in the land to which a judgment lien can attach. 70 C. 277. Effect, where property secured is worth less than judgment. 73 C. 197. Parties; joinder; administrator d.b.n. necessary party to foreclosure of judgment secured by his predecessor. 75 C. 153. Pleadings where plaintiff bases right on fraudulent conveyance by debtor. Id., 667. Lien may fail as to some property described; does not determine interest of debtor. Id., 564. Assignee of judgment may file. 82 C. 212; 102 C. 435. Equivalent to levy of execution; lienor gets debtor's interest; life use. 83 C. 346. Meaning of words "in the same manner". 84 C. 133. Plaintiff has burden of proving defendant's interest in property attached; evidence showing no such interest is admissible under general denial; application to attachment of interest under a bond for a deed where contract for conveyance was broken. 90 C. 559. Equitable interests of third person in land are not affected. 91 C. 571. See 54 C. 101; assignee of judgment lien gets all rights of foreclosure and redemption which assignor had. 102 C. 435.

      Compliance with order of payments on judgment does not prevent action to foreclose judgment lien, but is to be considered re equities in foreclosure action. Foreclosure of judgments discussed. 31 CS 226.

      Annotations to present section:

      Cited. 238 C. 172.

      Cited. 8 CA 512. Cited. 30 CA 52. Legislative intent of section is to achieve the conformity necessary to make procedures for recording of state judgment liens applicable to in-state federal judgment liens under 28 USC 1962. 78 CA 305.

      Subsec. (a):

      Cited. 220 C. 643.

      Subsec. (b):

      Cited. 210 C. 221. Cited. 219 C. 620; Id., 810. Creditor seeking to assert priority rights pursuant to section and Sec. 52-328(b) must file a judgment lien within four months of a trial court's final judgment in creditor's favor, regardless of the possible pendency of an appeal. 238 C. 172.

      Cited. 28 CA 809. Cited. 39 CA 518.

      Subsec. (c):

      Cited. 220 C. 643. Deficiency judgment rendered pursuant to Sec. 49-14 may be obtained in judgment lien foreclosure actions brought pursuant to this section. 255 C. 379.

      Sec. 52-380b. (Formerly Sec. 49-54). Judgment lien on certain public utility property. Any property of any telegraph, telephone, electric or electric distribution company, or association engaged in distributing electricity by wires or similar conductors, attached or liable to attachment under the provisions of section 52-287, may be subjected to a lien by any person holding the legal title to an unsatisfied judgment, whether by assignment or otherwise, against the company or association, provided the creditor shall file a certificate in writing in the office of the Secretary of the State in the form provided in section 52-380a. If the lien is placed upon the property attached in the suit upon which the judgment was predicated and within four months after the judgment was rendered, it shall hold from the date of the attachment. Any such lien may be foreclosed or redeemed in the same manner as mortgages upon real property.

      (1949 Rev., S. 7233; P.A. 79-602, S. 104; P.A. 83-581, S. 32, 40; P.A. 98-28, S. 113, 117.)

      History: P.A. 79-602 substituted "the" for "such" where appearing; P.A. 83-581 replaced a reference to "section 49-44" with "section 52-380a" and replaced "real estate" with "real property"; Sec. 49-54 transferred to Sec. 52-380b in 1985; P.A. 98-28 added electric distribution companies and deleted reference to "light or power" companies, effective July 1, 1998.

      Sec. 52-380c. (Formerly Sec. 49-40b). Judgment liens expired by limitation of time. Any judgment lien which has expired for failure to comply with the time limitations of section 52-380a is automatically extinguished and the continued existence of the lien unreleased of record in no way affects the record owner's title nor the marketability of the same.

      (P.A. 79-602, S. 108; P.A. 83-581, S. 31, 40.)

      History: P.A. 83-581 replaced reference to "section 49-46" with "section 52-380a"; Sec. 49-40b transferred to Sec. 52-380c in 1985.

      Cited. 238 C. 172.

      Sec. 52-380d. (Formerly Sec. 49-46a). Release of judgment lien on real or personal property. Form. (a) A judgment lien on real or personal property may be released by an instrument in writing signed by the lienholder or his attorney or by any personal representative who signed the certificate of lien, setting forth that the judgment lien is discharged.

      (b) A release of a judgment lien on real property is sufficient if (1) it specifies the names of the judgment creditor and judgment debtor, the date of the lien, and the town and volume and page where the judgment lien certificate is recorded, and (2) the signature of the lienholder, attorney or personal representative is acknowledged and witnessed in the same manner as a deed on real property. The town clerk with whom the lien was recorded shall note such release as by law provided and shall index the record of each such release under the name of the judgment creditor and judgment debtor.

      (c) A release of a judgment lien filed on personal property pursuant to section 52-355a is sufficient if it contains a description of the property released, the name and address of the judgment creditor and judgment debtor, and the file number of the judgment lien certificate in the office of the Secretary of the State. On presentation of such a statement of release to the filing officer in the office of the Secretary of the State, the filing officer shall mark the statement with the hour and date of filing and shall note the same on the index. The release shall be on a form prescribed by the Secretary of the State. On filing, the Secretary of the State may charge the fee prescribed by section 42a-9-525 for filing and indexing a termination statement.

      (1967, P.A. 120, S. 2; P.A. 78-280, S. 63, 127; P.A. 79-602, S. 105; P.A. 83-581, S. 15, 40; P.A. 96-180, S. 161, 166; P.A. 01-132, S. 175.)

      History: P.A. 78-280 added references to judicial districts in release form; P.A. 79-602 substituted "the" or "that" for "such" where appearing; P.A. 83-581 replaced "executed, attested and acknowledged" with "signed", provided that the release may be signed by "any personal representative" who signed the certificate of lien, deleted a provision that the "instrument shall vest in the person or persons entitled thereto such legal title as is held by virtue of the lien", deleted suggested language for the release instrument, added Subsec. (b) re the information required in a release of a judgment lien on real property and the town clerk's responsibilities in connection therewith and added Subsec. (c) re the information required in a release of a judgment lien on personal property and the secretary of the state's responsibilities in connection therewith; Sec. 49-46a transferred to Sec. 52-380d in 1985; P.A. 96-180 made technical corrections in Subsec. (c), effective June 3, 1996; P.A. 01-132 amended Subsec. (c) to replace reference to Sec. 42a-9-403 with Sec. 42a-9-525.

      Sec. 52-380e. Discharge of judgment lien on substitution of bond or lien on other property. When a lien is placed on any real or personal property pursuant to section 52-355a or 52-380a, the judgment debtor may apply to the court to discharge the lien on substitution of (1) a bond with surety or (2) a lien on any other property of the judgment debtor which has an equal or greater net equity value than the amount secured by the lien. The court shall order such a discharge on notice to all interested parties and a determination after hearing of the sufficiency of the substitution. The judgment creditor shall release any lien so discharged by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor.

      (P.A. 83-581, S. 16, 40.)

      Cited. 37 CA 764.

      Sec. 52-380f. (Formerly Sec. 49-50). Discharge of judgment lien from property not needed to secure judgment. Any person interested, as a subsequent encumbrancer or otherwise, in any real or personal property covered by a judgment lien may apply to the court for discharge of the lien as to a portion of the property, alleging that the lien covers more than sufficient property to reasonably secure the judgment. The court may, on notice to all interested parties and on proof of such allegation, discharge from the lien any of the property which is not needed for the reasonable security of the judgment debt. The judgment creditor shall release any property so discharged by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor.

      (1949 Rev., S. 7231; P.A. 79-602, S. 107; P.A. 83-581, S. 17, 40.)

      History: P.A. 79-602 rephrased section and deleted provision whereby jurisdiction of court is determined by the amount of the judgment debt as stated in certificate of lien; P.A. 83-581 replaced "real estate" with "real or personal property", replaced the provision that a person may "bring a complaint" with "apply to the court for discharge of the lien as to a portion of the property", required "notice to all interested parties" prior to discharge and added provision that the judgment creditor shall release any property discharged by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor; Sec. 49-50 transferred to Sec. 52-380f in 1985.

      Sec. 52-380g. Release of judgment lien on satisfaction of judgment. On satisfaction of a judgment, the judgment creditor shall release any judgment liens of record based thereon by sending a release sufficient under section 52-380d by first class mail, postage prepaid, to the judgment debtor and to any other interested person requesting a release. If, on the written request of any interested person, the judgment creditor fails within ten days to so release a lien, the judgment creditor shall be liable to the aggrieved person pursuant to section 49-51 for any damages resulting therefrom, such damages not to exceed one-half the amount of the lien.

      (P.A. 83-581, S. 19, 40.)

      Sec. 52-380h. (Formerly Sec. 49-47). Form of judgment lien foreclosure certificates. Certificates of foreclosure of judgment liens shall be, as far as possible, of the same form as is prescribed for certificates of foreclosure of mortgages.

      (1949 Rev., S. 7228; P.A. 79-602, S. 106.)

      History: P.A. 79-602 deleted certificates of foreclosure of mechanics' liens from purview of section; Sec. 49-47 transferred to Sec. 52-380h in 1985.

      Sec. 52-380i. (Formerly Sec. 49-48). Foreclosure of lien when plaintiff holds mortgage. Upon proceedings for the foreclosure of any judgment lien, when the judgment creditor holds a mortgage upon real estate in this state as security for the debt, or any part of it, that has gone into the judgment, which mortgage is a first charge upon the property mortgaged, the court shall, upon the motion of the judgment debtor or any later encumbrancer on the property covered by the judgment lien, order such mortgaged property to be first applied to the debt secured by it, at its cash value, to be ascertained by the court; and a foreclosure of the judgment lien shall be granted only as to the portion of such judgment that remains unsatisfied.

      (1949 Rev., S. 7229.)

      History: Sec. 49-48 transferred to Sec. 52-380i in 1985.

      Annotations to former section 49-48:

      Unpaid taxes not a "first charge" within meaning of statute. 112 C. 652. Cited. 120 C. 671. Where plaintiff brought action to recover principal and interest of notes secured by mortgage but did not seek to foreclose, this section did not apply and contention of defendants that cash value of mortgaged premises must be determined by court and applied to amount of indebtedness was without merit. 157 C. 44. Cited. 185 C. 579.

      Sec. 52-381. Liability of garnishee; scire facias. If judgment is rendered in favor of the plaintiff in any action by foreign attachment, all the effects in the hands of the garnishee at the time of the attachment, or debts then due from him to the defendant, and any debt, legacy or distributive share, due or to become due the defendant from any garnishee as an executor, administrator or trustee, shall be liable for the payment of such judgment. The plaintiff, on praying out an execution, may direct the officer serving the same to make demand of such garnishee for the effects of the defendant in his hands, and for the payment of any debt due the defendant, and such garnishee shall pay such debt or produce such effects, to be taken and applied on such execution. If he has in any manner disposed of the effects of the principal in his hands when the copy of the writ was left with him, or does not expose and subject them to be taken on the execution, or does not pay to the officer when demanded the debt due the defendant at the time the copy of the writ was left with him, such garnishee shall be liable to satisfy such judgment out of his own estate, as his proper debt, if the effects or debt is of sufficient value or amount; if not, then to the value of such effects or to the amount of such debt. A scire facias may be taken out from the clerk of the court where the judgment was rendered, to be served upon such garnishee, requiring him to appear before such court and show cause, if any, to the contrary; and the plaintiff may require the defendant, and the defendant shall have the right, to disclose on oath whether he has any of the effects of the debtor in his hands, or is indebted to him; and the parties may introduce any other proper testimony respecting such facts. If it is found that the defendant has the effects of such debtor in his hands or is indebted to him, or if he makes default of appearance or refuses to disclose on oath, judgment shall be rendered against him, as for his own debt, to be paid out of his own estate with costs; but, if it appears on the trial that the effects are of less value or the debt of less amount than the judgment recovered against the debtor, judgment shall be rendered to the value of the goods or to the amount of the debt; and, if it appears that the defendant has no effects of such debtor in his hands or is not indebted to him, he shall recover costs.

      (1949 Rev., S. 8125.)

      When garnishees are a firm of which only one member resides in this state, demand on execution of him is sufficient; 32 C. 218; and so is service upon him of the scire facias. Id. Where a debt is attached, no demand need be made on the debtor, before demand of garnishee. 20 C. 415. Payment on execution forever discharges garnishee. 28 C. 251. And this although indemnity be taken from creditor and payment made to him. Id. Scire facias not barred nor parties concluded by finding of no indebtedness in the original action. 12 C. 392; 26 C. 605. Such scire facias is a mere continuation of the original action. 25 C. 438; 31 C. 349; 32 C. 157. Garnishees not jointly indebted cannot be joined as defendants. 1 R. 474. Form of declaration. 20 C. 393; 35 C. 2. Scire facias may be brought before return of execution. 21 C. 423. No defense that debtor had no notice of original suit. K. 157; 30 C. 197. But, if original attachment was defective, it is a defense under the general issue. 40 C. 401. Garnishee not liable for interest, unless he has made interest. 35 C. 98; 40 C. 467. Garnishee may rely upon the invalidity of the attachment. 49 C. 248. Right of action for failure of officer to make demand of garnishee, accrues when. 50 C. 526. Remote and uncertain interest cannot be taken on execution. 71 C. 156. Statutory steps must be followed; must be signed by clerk of, and returned to, court where judgment was rendered. 74 C. 89. In scire facias, merits of plaintiff's claim not open to question. 77 C. 630. Taxation of costs to garnishee is discretionary. 67 C. 257; 81 C. 622. Where process is served on executor before probate of will to secure legacy, scire facias cannot issue till legacy due. 67 C. 81. Scire facias will not lie unless demand on execution is made within sixty days, even though garnishee within that time disposed of the goods; nor will it lie for a debt not garnished. 97 C. 387. So, where bond is given to release foreign attachment, demand must be made within sixty days. 104 C. 281. What is final judgment. 105 C. 427. Cited. 115 C. 198. Cited. 122 C. 171. Cited. 145 C. 74. Issue before court is whether garnishee at time of process of foreign attachment was indebted to the defendant in the original action in light of prior liens on property. 146 C. 37. See note to section 52-329. Cited. 153 C. 588. Cited. 159 C. 368. Cited. 181 C. 125. Cited. 182 C. 329. Cited. 205 C. 604.

      Cited. 14 CA 579.

      Cited. 10 CS 345. Cited. 37 CS 877.

      Cited. 6 Conn. Cir. Ct. 287.

      Sec. 52-382. Levy on nonresident garnishee. In an action by foreign attachment in which the garnishee is described as a nonresident and service has been made upon his agent transacting business in his behalf in this state, the plaintiff, on taking out an execution, may direct the officer serving the same to make demand of such agent or of such garnishee for the effects of the defendant in such agent's hands at the time of the attachment and for the payment of any debt then due from such garnishee to the defendant, and the person upon whom such demand is made shall produce or pay the same, to be taken and applied on such execution. If such agent of such garnishee has disposed of the effects of the principal which were in his hands when the copy of the writ was left with him or does not expose them to be taken on the execution or does not pay the officer, when demanded, the debt due the defendant at the time the copy of the writ was left with him, such judgment may be satisfied out of the estate of such garnishee which he may own in this state, as his proper debt, if the effects or debt is of sufficient value or amount, if not, then to the value of such effects or to the amount of such debt; and a scire facias may be taken out from the court where the judgment was rendered, as in other cases, on which the estate of the garnishee may be attached, and which shall be served on the agent of such garnishee, requiring such garnishee to appear personally or by his agent, before such court, and show cause, if any, to the contrary. The plaintiff may require the defendant, who shall have the right, by himself or his agent, to disclose on oath whether he has any of the goods of the debtor in his hands, or in the hands of such agent, or whether he is indebted to him; and the parties may introduce any other proper testimony respecting such facts. If it is found that the defendant has the effects of such debtor in the hands of his agent or is indebted to him or if he makes default of appearance or refuses to disclose on oath, judgment may be rendered against him, as for his own debt, to be paid out of his own estate, with costs, and execution shall be granted accordingly. If it appears on the trial that the effects are of less value, or the debt of less amount, than the judgment recovered against the debtor, judgment shall be rendered to the value of the goods or to the amount of the debt; and, if it appears that the defendant has no effects of such agent or is not indebted to him, he shall recover costs.

      (1949 Rev., S. 8126.)

      Cited. 121 C. 315. Cited. 153 C. 588.

      Sec. 52-383. Levy when garnishee has left the state. When the garnishee in any action of foreign attachment has removed from this state prior to the issuing of the execution in such action, so that no demand can be made of him in person by the officer serving the same, the clerk of the court issuing such execution shall, at the request of the creditor or his attorney, endorse thereon an order signed by such clerk, requiring the officer to whom such execution is directed to make such demand by letter forwarded by mail, postage paid, addressed to such garnishee, or in such other manner as such clerk directs; and such demand, when so made, shall be as effectual as if made of the garnishee personally; but if such garnishee has lodged with the clerk of such court a written notice, under his hand, of the appointment of an agent or attorney on whom such demand may be made, such officer shall make the like demand of such agent or attorney, if within his precincts, and make return thereof on such execution.

      (1949 Rev., S. 8127.)

      Sec. 52-384. Scire facias against garnishee who has left state. If, after demand made as provided in section 52-383, a writ of scire facias is issued against such garnishee, and he still remains without this state, service of such writ shall be made in such manner as the judge or clerk of the court rendering judgment in the original suit, by a written order thereon by him subscribed, directs, and by leaving with his agent or attorney, if any has been appointed by him in the manner provided in section 52-383, a true and attested copy of the writ; and process so issued and served shall be as effectual against such garnishee as if served upon him personally.

      (1949 Rev., S. 8128.)

      Sec. 52-385. Scire facias founded on justice judgment. Section 52-385 is repealed.

      (1949 Rev., S. 8129; 1959, P.A. 28, S. 204.)

      Sec. 52-386. Stay of execution when debt is not payable. When it appears on the hearing of any scire facias, founded on a foreign attachment, that the debt due the principal is not yet payable, the court shall direct the execution to be stayed until the time the debt would have become payable; and when the debt was not payable at the time the demand was made on the execution, the court shall allow the garnishee his reasonable costs for defending against such scire facias, to be deducted out of the debt so due.

      (1949 Rev., S. 8130.)

      Cited. 120 C. 270.

      Sec. 52-387. Scire facias; defense by assignee or claimant. When a scire facias is brought to recover a debt or effects taken by a foreign attachment, if any person or persons, either jointly or severally, claim such debt as assignee or assignees thereof, or such effects as owner or owners thereof, the defendant in such scire facias, having notice or knowledge of such assignment, ownership or claim, may give notice in writing, signed by proper authority and duly served, to such claimant or claimants, or his or their attorney, that such scire facias is pending, and that he or they may appear, if they see cause, and defend against it; which notice, when the claimant or claimants reside out of the state, shall be given in such time and manner as the court, before which such action is pending, directs; and thereupon, unless such claimant or claimants, within such time as such court may direct, give to such defendant sufficient security, to the approval of the court, to indemnify him against all costs, he may suffer judgment to be given against him on such scire facias, which shall be a bar to the claim of the assignee or assignees of the debt, or the owner or owners of the effects, against him for the same. If such assignee or assignees or owner or owners give such security and make effectual defense against the scire facias, he or they shall be entitled to the costs recovered against the plaintiff; but if he or they fail to make an effectual defense, the judgment rendered on the scire facias against the defendant shall be a bar to any claim against him by them for such debt or effects. If, after such security has been given, the defendant, on due notice given him, neglects to appear and disclose on oath, if required, on the trial of such scire facias, or, if a commission is issued, neglects to make disclosure before the commissioners, he shall take no benefit by the provisions of this section, nor of such security.

      (1949 Rev., S. 8131.)

      Cited. 48 C. 413. Interpleader will not lie for successive garnishments. 94 C. 194. Premature bringing of scire facias; successive garnishments of same debt. 99 C. 676. Cited. 121 C. 315. Ordinarily garnishees cannot maintain actions of interpleader as they are protected under provisions of this section. 146 C. 37. See note to section 52-484.

      Scire facias proceeding discussed. 1 CA 291.

      Cited. 10 CS 345.

      Sec. 52-388. Commission to take disclosure of garnishee. The court before which any scire facias is pending may issue a commission to take the disclosure of the defendant on oath, when, on account of his living or being about to go out of the state, or being unable to travel through age or infirmity, the court judges it to be reasonable.

      (1949 Rev., S. 8132.)

      Sec. 52-389. Attachment lien on debt due from solvent estate. When any debt due or which may become due from the estate of a deceased person which is settled as a solvent estate is attached, the lien created by such attachment shall not continue unless demand is made of the garnishee upon the execution within sixty days after the rendition of the judgment, or within sixty days after the expiration of the time limited for the defendant to present his claim against the estate.

      (1949 Rev., S. 8133.)

      Cited. 50 C. 526.

      Sec. 52-390. Execution; demand for legacy or distributive share. When any legacy or distributive share due or which may become due from the estate of a deceased person is attached, the attachment shall not continue unless demand is made of the garnishee upon the execution within sixty days after the rendition of the judgment, or within sixty days after the time when, if such attachment had not been made, it would have become the duty of the executor or administrator, in the settlement of the estate, to deliver to the defendant the legacy or distributive share to which he is entitled.

      (1949 Rev., S. 8134.)

      Sec. 52-391. Execution; demand for debt due from insolvent estate. When any debt due or which may become due from the estate of a deceased person which is settled as an insolvent estate, or from the estate of any insolvent debtor, is attached, the attachment lien shall not continue unless demand is made of the garnishee upon the execution within sixty days after the rendition of the judgment, or within sixty days after the report of the commissioners allowing the claim of the defendant has been returned to and accepted by the Court of Probate; or, if an appeal has been allowed on such claim, within sixty days after the final allowance of such claim.

      (1949 Rev., S. 8135.)

      Sec. 52-392. Execution; payment by executor, administrator or trustee. When demand is made of the garnishee upon the execution, in any of the cases mentioned in sections 52-389, 52-390 and 52-391, within the periods therein specified, the garnishee may pay the debt, or deliver the legacy or distributive share, so attached, to the officer making the demand, to be applied on such execution; and if, at the time of such payment or delivery, the garnishee would have been required by law to make such payment or delivery to the defendant, if there had been no attachment, or would have been justified in so doing, he shall be credited for such payment or delivery to the officer, in his administration account.

      (1949 Rev., S. 8136.)

      Cited. 91 C. 447.

      Sec. 52-393. Scire facias against executor, administrator or trustee. If, upon demand so made, the garnishee neglects or refuses to make such payment or delivery, the plaintiff in the foreign attachment may maintain a scire facias against him as executor, administrator or trustee, as aforesaid. If the plaintiff recovers judgment, no execution shall be issued, but the defendant may pay upon the same the whole, or so much of the moneys or of the value of the effects attached, and for which he would otherwise have been liable to the original defendant, as may be necessary to satisfy the judgment; which payment shall be credited to such executor, administrator or trustee in his administration account; but he shall not be credited with the costs recovered on such scire facias, unless the Court of Probate is of the opinion that he was justified in incurring the same. If he does not so pay such judgment, so much of the same, including interest thereon from the date when such judgment was rendered, as does not exceed the whole of the moneys or of the value of the effects attached, and for which he would otherwise have been liable to the original defendant, and no more, may be recovered by the attaching creditor in an action on the probate bond, and not otherwise.

      (1949 Rev., S. 8137.)

      Cited. 47 C. 1. Scire facias does not lie until legacy is due. 67 C. 81. Cited. 91 C. 447. Definition of "spendthrift trust" and conditions required for its existence. 95 C. 221; 107 C. 13; 108 C. 425.

      Secs. 52-394 to 52-396. Officer to give items of fees to execution debtor. Completion of levy by officer not reelected or reappointed. Satisfaction of judgment to be entered on record. Sections 52-394 to 52-396, inclusive, are repealed.

      (1949 Rev., S. 8138-8140; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)

      See Sec. 52-356a (e)-(g) re statement of officer's fees required before return of execution, record of satisfaction and completion of levy.

      Sec. 52-397. Examination of judgment debtor. Any judgment debtor, an execution against whom has been returned unsatisfied in whole or in part or who has failed to respond within thirty days to any postjudgment interrogatories served pursuant to section 52-351b, may be examined on oath, in the court location where the judgment was rendered, concerning his property and means of paying such judgment, before any judge of the Superior Court or before a committee appointed by such judge. Such examination shall be on questions put by the judgment creditor or his attorney, and may be ordered, on the application of the judgment creditor on a form prescribed by the Office of the Chief Court Administrator, (1) by any such judge, to be had before himself or some other such judge or such a committee, at such time and place as such judge appoints and on such reasonable notice to the debtor as such judge prescribes or (2) by the clerk, provided if the clerk finds the application to be in proper form, the clerk shall fix the time and place for the examination and sign the order for hearing and notice. The order for hearing and notice shall be served in accordance with the provisions of sections 52-46 and 52-46a. The judgment creditor or his attorney may provide for the service of a subpoena or subpoena duces tecum on the judgment debtor for appearance at such time and place. Failure of the judgment debtor to so appear in response to such subpoena shall subject him to the provisions of section 52-143, concerning fine, damages and capias.

      (1949 Rev., S. 8141; 1959, P.A. 28, S. 188; February, 1965, P.A. 301; P.A. 74-183, S. 104, 291; P.A. 75-217; P.A. 76-436, S. 493, 681; P.A. 78-280, S. 1, 2, 127; P.A. 93-207, S. 1.)

      History: 1959 act substituted circuit court for municipal court; 1965 act added alternative provision for examination of judgment debtor within the county where judgment was rendered; P.A. 74-183 removed circuit court judges from purview of section reflecting reorganization of judicial system, effective December 31, 1974; P.A. 75-217 added provisions re subpoena of judgment debtor and penalty for failure to appear in response to subpoena; P.A. 76-436 removed judges of common pleas court from purview of section, reflecting transfer of all trial jurisdiction to superior court, and added references to judicial districts, effective July 1, 1978; P.A. 78-280 deleted references to counties; P.A. 93-207 added phrase "or who has failed to respond within thirty days to any postjudgment interrogatories served pursuant to section 52-351b," added provision re form of application to be prescribed by office of chief court administrator and permitted clerk to set time and place for examination and sign order for hearing and notice.

      Cited. 12 CS 157.

      Sec. 52-398. Scope of inquiry; debtor not excused from answering. The debtor shall not be excused from answering any question on the ground that his answer might tend to convict him of fraud or show that he has been party to any fraudulent or illegal conveyance, but his answers shall not be used against him in any criminal proceeding except in a prosecution for perjury.

      (1949 Rev., S. 8142.)

      Cited. 12 CS 157.

      Sec. 52-399. Commitment of debtor for contempt. Any judge before whom any such examination is ordered may commit the judgment debtor for contempt in case of his neglect or refusal to attend or be sworn at the examination or to answer any question put to him during the examination, and any such neglect or refusal, if the examination is ordered or had before a committee, may be by such committee reported to the judge by whom he was appointed, which judge may thereupon proceed for the contempt as fully as if the examination had been ordered or had before himself.

      (1949 Rev., S. 8143.)

      Cited. 12 CS 157.

      Sec. 52-400. Costs of examination. The costs of such examination shall be taxed by the judge ordering the same and may include an attorney fee not exceeding ten dollars, and the fees of the committee not exceeding eight dollars a day, if the judge is of the opinion that such fees or either of them should be taxed, or, if the examination is before a judge, his necessary traveling expenses. If the examination results in the discovery of property or means of paying the judgment in full or to the extent of fifty dollars, such judge may order such costs to be added to and become a part of the sums collectible in such execution. The costs of service of process shall be taxed as part of the costs of the examination.

      (1949 Rev., S. 8144; P.A. 93-207, S. 2.)

      History: P.A. 93-207 specified that costs of service of process shall be taxed as part of costs of examination.

      Cited. 12 CS 157.

      Sec. 52-400a. Protective order by court. Execution against specified property. (a) On motion of a judgment debtor or third person from whom discovery is sought, and for good cause shown, or on its own motion, the court may make any order which justice requires to protect such debtor or third person from annoyance, embarrassment, oppression or undue burden or expense.

      (b) On motion of a judgment debtor alleging that the judgment creditor is engaged in any illegal levy or in any other practices for the purpose of collecting his judgment which violate state or federal law, or on its own motion, the court may render such protective order as justice requires.

      (c) On motion of the judgment debtor or an interested third person, the court may direct the order of execution against specified property of the judgment debtor.

      (P.A. 83-581, S. 20, 40; P.A. 84-527, S. 11.)

      History: P.A. 84-527 amended Subsec. (b) by adding "any illegal levy or in any other" and deleting language restricting a protective order to one "restraining the judgment creditor".

      Cited. 240 C. 623.

      Sec. 52-400b. Penalty for failure to comply with certain court orders. (a) On the continued and wilful failure of a person to comply with a discovery order pursuant to section 52-351b, or to comply with a turnover order pursuant to section 52-356b, or to comply with a protection order pursuant to section 52-400a, the court may, after hearing, commit the person for contempt and may further find such person personally liable for such damages as may have been sustained as a result of the contempt.

      (b) No capias shall issue against a person who has failed to comply with a discovery, turnover or protection order unless the court finds that such person has been served with a subpoena ordering him to appear in court and he has failed to so appear.

      (P.A. 83-581, S. 21, 40; P.A. 84-527, S. 16.)

      History: P.A. 84-527 added Subsec. (b) prohibiting the issuance of a capias unless the person has failed to appear in court in response to a subpoena.

      Sec. 52-400c. Attorney's fees. In the discretion of the court, a reasonable attorney's fee may be allowed to the prevailing party (1) for counsel at any contempt hearing reasonable and necessary for the enforcement of a court order, pursuant to section 52-256b, (2) for counsel at any discovery hearing reasonable and necessary for the enforcement of disclosure rights, and (3) for counsel at any other hearing that is reasonable and necessary for the enforcement of rights pursuant to a postjudgment procedure that is held on a claim or defense that the court determines was made for the purpose of harassment or solely for the purpose of delay.

      (P.A. 83-581, S. 22, 40.)

      Determination of whether a claim or defense was made for the purpose of harassment or solely for delay is a question of fact, so due process requires that evidentiary hearing be held on a motion for fees pursuant to this section. 54 CA 121.

      Sec. 52-400d. Appeal of certain court decisions. (a) Any court decision on a determination of interest in property under section 52-356c, or on an exemption claim, or on a contempt proceeding, or on any stay ordered pursuant to an installment payment order, shall be a final decision for the purpose of appeal.

      (b) An appeal under subsection (a) of this section shall not act as a stay unless so ordered by the court. Any such stay shall be granted if the party taking the appeal posts a bond, with surety, in a sum determined by the court to be sufficient to indemnify the adverse party for any damages which may accrue as a result of such stay or if otherwise deemed reasonable.

      (P.A. 83-581, S. 27, 40.)

      Sec. 52-400e. Failure to pay judgment as basis for revocation, suspension or refusal to grant or renew license of licensed business. Whenever a judgment in a civil action which relates to activities for which a license is required has been rendered against a business which is licensed by a state or local licensing authority and which remains unpaid for one hundred eighty days after receipt by the judgment debtor of notice of its entry and the judgment has not been stayed or appealed, the state or local licensing authority shall consider such failure to pay, if deliberate or part of a pattern of similar conduct indicating recklessness, as a basis for the revocation, suspension or conditioning of, or refusal to grant or renew such license. Nothing herein shall be construed to preempt an authority's existing policy if it is more restrictive.

      (P.A. 83-349; P.A. 84-546, S. 123, 173.)

      History: P.A. 84-546 made technical change.

      Sec. 52-400f. Priority of claims for deposits for consumer goods and services. In the event of (1) the termination of the existence of an entity, (2) the insolvency of a person or entity or (3) the inability of a person or entity to pay all creditors in full, every debt due to any individual from such person or entity for a deposit made in connection with the purchase, lease or rental of goods or the purchase of services for the personal, family or household use of such individual, where such goods were not received or such services were not provided, shall be first paid in full, to the amount of nine hundred dollars, before the general liabilities, except taxes or wages, of such person or entity are paid.

      (P.A. 93-314, S. 3.)