CHAPTER 904
ATTACHMENTS

      Sec. 52-279. When attachments may be granted. Attachments may be granted upon all complaints containing a money demand against the estate of the defendant, both real and personal. No attachment shall be made in any action for slander, libel or invasion of privacy except upon order of the court to which the writ is made returnable. No attachment shall be made against the real or personal property of any municipal official in any action against the municipality or its officials acting within the scope of their authority except upon order of the court to which the writ is returnable. No attachment shall be made against the real or personal property of a member of the state or any municipal police force in an action involving his conduct as a policeman except (1) when such policeman has been dismissed from the police force of which he was a member at the time of the incident which gave rise to the action or (2) upon order of the court to which the writ is returnable. No attachment shall be made against the real or personal property of any member, teacher or employee, as defined by section 10-235, of any board of education, the Board of Governors of Higher Education or governing board of any state institution of higher education, in any action against any board or commission as defined by said section or against any such member, teacher or employee involving his conduct as such member, teacher or employee, or against any member of any other appointed or elected municipal board or commission in any action against such board or commission or against such member involving his conduct as such member, except upon order of the court to which the writ is returnable. No attachment shall be made against the real or personal property of any Connecticut canine control officer or regional Connecticut canine control officer, appointed under the provisions of section 22-328, in any action against any such officer involving his conduct as such officer except upon order of the court to which the writ is returnable.

      (1949 Rev., S. 8022; 1951, S. 3192d; 1959, P.A. 172; 1967, P.A. 275, S. 2; 679; 837; 1969, P.A. 505; 1972, P.A. 4; 201, S. 2; P.A. 73-495; P.A. 77-573, S. 24, 30; P.A. 81-410, S. 7; P.A. 82-218, S. 37, 49; P.A. 84-241, S. 2, 5.)

      History: 1959 act added provision re attachment of municipal officials' personal property in actions against municipality or its officials acting within scope of their authority; 1967 acts provided no attachment can be made in libel or invasion of privacy actions, included real property in provision re attachment of municipal officials' property, added provision governing attachment of property of state or municipal police force member and removed provision prohibiting attachment in any action for alienation of affections except upon court order; 1969 act added provision re attachment of property of member, teacher or employee of a board of education; 1972 acts extended 1969 provision to cover members of any other municipal board or commission, the commission for higher education and governing boards of state institutions of higher education; P.A. 73-495 added provision re attachments against property of canine control officers; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 81-410 eliminated provision re body attachment and execution; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      Fraud complaint not amendable by adding count in contract, when. 63 C. 370. Validity of attachment cannot control the judgment to be rendered on the facts alleged and proved. 68 C. 471; 77 C. 347. None allowed in equitable proceeding not claiming damages. 75 C. 191. History and nature of process. 84 C. 622; 85 C. 573; 90 C. 570; 109 C. 434. Offer of stranger to pay debt will not defeat right. 76 C. 515. Colorable or fraudulent transfer of property will not prevent. 68 C. 389; 84 C. 682; 85 C. 698; 101 C. 565. Attachment of body when property put out of reach. 74 C. 671; 81 C. 626; 84 C. 628. Equitable interests as subject to. 71 C. 154; 76 C. 528; 83 C. 355. But not interests so uncertain as not to be salable on execution; 71 C. 149; nor property in the hands of receiver. 66 C. 350; 71 C. 345. Law subjects all property to attachment as far as possible. 85 C. 67. But alimony is not property. 102 C. 708. Public policy does not prevent attachment of property of street railway company. 89 C. 59. Personal property sold but not delivered still subject to attachment against seller; 72 C. 509; 74 C. 146; 86 C. 372; even though sold on condition; 70 C. 505; 77 C. 38; 86 C. 372; or colorable delivery made; 68 C. 389; 86 C. 372; 101 C. 565; but rule applies only to tangible property; 87 C. 601; as to mortgaged personal property. 72 C. 510; 77 C. 370; 101 C. 565. Cited. 71 C. 154; 72 C. 159. Application of state law to procedure in federal court. 73 C. 154. Interest of tenant in common or of partner in goods is attachable. 68 C. 16; 71 C. 698. Attachment where lease gives tenant right to replace property; 80 C. 14; of stock of nonresident in local corporation. 84 C. 618. Attachment of body of one brought wrongfully within the jurisdiction is void. 85 C. 327. In divorce action; effect as regards order for periodic payments of alimony. 94 C. 284. Limitations on attachment of body. 105 C. 683. For review of history of law regarding attachment of real estate, see 109 C. 434. Alimony may not be attached. 102 C. 708. History of statutes re body attachments; limited to tort actions brought under section 52-562 and to contract actions specified in section 52-355. 111 C. 228. Does not limit power to reduce attachments under sections 52-301 and 52-302. 141 C. 176. Cited. Id., 407. See note to section 52-280. The word "estate" renders liable for attachment certain legal and equitable interests in property which are within the debtor's control though legal title may be in another. 142 C. 320. Attachment of joint tenancy with right of survivorship does not in itself produce a severance but the execution levy, at least upon a sale, does. 146 C. 332. Cited. 162 C. 256. Second mortgagee has no standing to challenge the constitutionality of this section in attempt to invalidate attachments prior to his mortgage rights. 168 C. 43.

      Cited. 28 CA 809. Cited. 32 CA 118.

      Cited. 12 CS 106. Cited. 16 CS 95. Where body attachment is made, defendant cannot remain silent and later claim that officer failed to find property open to attachment. Id., 242. No distinction is to be drawn between slander and slander of title. 23 CS 282. Attachment invalid under complaint containing several causes of action, when. 29 CS 324. Distinguished from section 52-369. 35 CS 130. Cited. 36 CS 47.

      Sec. 52-280. Service of writ of attachment. A writ of attachment shall be served by attaching the estate of the defendant, personal or real, or both. The officer serving the process shall leave with the person whose estate was attached, or at his usual place of abode, if within the state, a true and attested copy of the process and of the accompanying complaint, and of his return thereon, describing any estate attached.

      (1949 Rev., S. 8023; P.A. 81-410, S. 8.)

      History: P.A. 81-410 eliminated provision re service of body attachment.

      An attachment of personal property must be consummated by taking possession, if practicable. 3 C. 65, 431; 4 C. 361; 7 C. 273; 8 C. 324; 14 C. 225; 28 C. 512; 40 C. 213; 107 C. 302. See note to section 52-283. Interest of vendee under conditional sale not attachable; 40 C. 148; but see now section 42a-9-301 et seq. Goods subject to a lien may be attached. 16 C. 85. Interest of joint tenant or partner may be attached; 10 C. 37, 44; 14 C. 404; 18 C. 294. Equitable interests. 17 C. 283; 33 C. 379. Property of any or all of several defendants may be taken. 20 C. 486. Successive attachments on different writs. 9 C. 533; 11 C. 25; 20 C. 364; 36 C. 582; 107 C. 302. Body, if taken, may be released and property attached. 1 C. 259. If real estate of a nonresident is attached, his agent in charge of it must be served. 31 C. 396. An attachment of real estate gives no title to it; 5 D. 80; but may grant an equitable right to an injunction. 11 C. 60. Mortgagor's right of redemption is attachable. 43 C. 281. Service at place other than defendant's "usual abode" is nugatory. 44 C. 140. Harmless mistake in copy no ground for equitable relief. 48 C. 25. An attachment of land creates a lien only for the amount directed by the writ to be attached. 52 C. 17. Insufficient description of "estate attached." 62 C. 21. Law must be strictly followed. 75 C. 107; id., 656. Amendment of return. 65 C. 193; 84 C. 618; 85 C. 327. Failure to return makes attaching officer a trespasser. 72 C. 338. Liabilities for wrongful attachment. 68 C. 1; 70 C. 341; 75 C. 107; 77 C. 370; 90 C. 573. Validity determined as of time when made. 76 C. 133. Attaching creditor stands in shoes of debtor. 79 C. 290; Id., 570; 80 C. 389; 91 C. 571. Refusal to give officer property attached but gone from his possession not an obstruction of process. 74 C. 64. Right of officer with writ to break door of dwelling-house. 92 C. 388. Steps necessary for a valid attachment of personal property. 99 C. 376; Id., 591. Officer's receipt does not constitute lien on property attached; property not removed is open to attachment by another creditor even though he has notice of first attachment. 107 C. 302. Cited. 141 C. 407. See notes to sections 51-347, 52-54.

      Cited. 6 CA 622.

      Invalidity in the process of attachment does not make the entire action abatable. 11 CS 261. Cited. 16 CS 95; Id., 241. See note to section 52-279.

      Sec. 52-281. Order for attachment on plaintiff's application during pendency of action. Section 52-281 is repealed.

      (1949 Rev., S. 8069; 1959, P.A. 28, S. 179; P.A. 76-401, S. 6, 7.)

      Sec. 52-282. Transferred to Chapter 903a, Sec. 52-278i.

      Sec. 52-283. Certain attachments effective without removal of property. Attachments of machinery, engines or implements, situated and used in any manufacturing or mechanical establishment, or of hay or unthreshed grain deposited in any building, or of any crop deposited in any building, or of brick in kilns, or of wood, sawed lumber, railroad ties or logs when gathered together in piles, which cannot, in the opinion of the officer levying upon the same, be moved without manifest injury, shall be effectual to hold the same without any removal thereof; provided the service of such attachment shall be completed and a copy of the process and of the accompanying complaint, with the officer's return endorsed thereon, particularly describing the property attached, shall be filed in the office of the town clerk of the town in which such property is situated and the office of the Secretary of the State, on a form provided by said Secretary of the State, within forty-eight hours after such attachment has been made; and when the levy has been upon any such hay, unthreshed grain, crops or brick, the officer shall also post a notice of his attachment on the outer door, or other conspicuous place, of the building in which such property is situated. Fees for the filing of such notice and procedures for such filing shall be established by the Secretary of the State.

      (1949 Rev., S. 8028; March, 1958, P.A. 27, S. 68; 1971, P.A. 257, S. 1; P.A. 82-472, S. 164, 183.)

      History: 1971 act required that copy of process be filed in office of secretary of the state, changed filing deadline from 24 to 48 hours after attachment made and added provision authorizing secretary of the state to establish fees and procedures for filing; P.A. 82-472 made a technical change.

      See Sec. 53-130 re concealment or distribution of attached property.

      Cited. 14 C. 226. Cited. 40 C. 222. Officer's return need not state why the machinery was not moved. 62 C. 556. Equipment of stone-quarry; description of machinery; return need not state inability to move; posting notice where no door. 92 C. 11. What steps essential to make valid attachment of machinery. 99 C. 372. In attaching a cage of lions officer must take them into his possession or place a keeper in charge; this statute is not applicable. Id., 591. When personal property need not be removed by officer. 107 C. 302.

      Cited. 3 CS 413. Cited. 4 CS 492. Cited. 11 CS 262. Exception to requirement that attached property be held in custody, discussed. 16 CS 95. Cited. 42 CS 206.

      Sec. 52-283a. Discharge of attachment. Each person who has filed a notice of attachment as provided under section 52-283 shall, after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, within ten days after being requested in writing to do so by any person interested in having the attachment removed, sign and lodge, in the office of the Secretary of the State, a certificate, on a form provided by the Secretary of the State, that such attachment is removed, which, when recorded shall discharge such attachment. If he fails to comply with such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine. Fees for the filing of such certificates and procedures for such filing shall be established by the Secretary of the State.

      (1971, P.A. 257, S. 2.)

      Cited. 238 C. 172.

      Sec. 52-284. Attachment against nonresident. When the defendant is not a resident or inhabitant of this state and has estate within the same which has been attached, a copy of the process and complaint, with a return describing the estate attached, shall be left by the officer with the agent or attorney of the defendant in this state if known; and when land is attached, a like copy shall be left in the office of the town clerk of the town where the land lies. In addition, the court to which such action is returnable, or any judge, clerk or assistant clerk thereof shall make such order of notice to the defendant as is deemed reasonable to apprise him of the institution or pendency of such complaint and attachment. Such notice, having been given and proved, shall be deemed sufficient service of process in such action, and such attachment shall thereupon become effective against such estate and the defendant in such action.

      (1949 Rev., S. 8024; 1953, S. 3193d; 1967, P.A. 514.)

      History: 1967 act deleted provision for service on person in charge of property where defendant has no agent or attorney and substituted provision requiring court, judge, clerk or assistant clerk to make order of notice to defendant as "deemed reasonable to apprise him of the institution or pendency of such complaint and attachment".

      Cited. 31 C. 396. Administrator rather than his tenant should receive a copy of process, when. 56 C. 115. Cited. Id., 343. Cited. 71 C. 152. Statute must be strictly followed. 75 C. 656; 91 C. 571. Does not apply to foreign attachment; 79 C. 17; or attachment of stock of a corporation. 84 C. 625. Appearance as waiving defects; 4 Cranch, 421; or absence of legal service. 90 C. 293; 96 C. 266. Where agent in charge of property and no copy of process is served upon him, attachment is invalid. 139 C. 506. Method of attachment must be followed strictly and facts showing compliance must appear of record. 147 C. 238. Dissenting opinion upholds substantial compliance. Id. Cited. 192 C. 10.

      Cited. 6 CA 591. Under section, claimant is not time-barred until he knows, or should have known, the identity of the negligent person who caused his injury to occur. 75 CA 560.

      Statute being one in derogation of the common law, it is to be strictly interpreted and construed. Waiver of defendant of the formality of process does not validate the attachment. 3 CS 407. Cited. 6 CS 114; 9 CS 521. Although an action for a legal separation is in personam, if the accompanying constructive attachment of property in the court's jurisdiction is properly made at the outset of the action, the action becomes quasi in rem and personal service of process need not be made. 26 CS 284, 290. Where the service of process was made on the plaintiff who initiated the attachment because she was "in charge or possession" of the property involved, the defendant claimed the general assembly did not intend such service to be valid because the person served was not responsible to the defendant. Although such a service might be considered improper on other grounds, under the statute there is nothing to show that the general assembly intended anything other than what the statute provides for. Id., 289. No quasi in rem jurisdiction is obtained over nonresident unless this statute is strictly complied with and, absent an order of notice by court and service on defendant's attorney in this state, jurisdiction was not obtained. 28 CS 233.

      Sec. 52-285. Attachment of real estate. Real estate shall be attached by the officer by leaving in the office of the town clerk of the town in which it is situated a certificate that he has made such attachment, which shall be endorsed by the town clerk with a note of the precise time of its reception and recorded at length in the land records of such town; and such attachment, if completed as hereinafter provided, shall be considered as made when such certificate has been so lodged. The certificate shall be signed by such officer, shall describe the land attached with reasonable certainty and shall specify the parties to the suit, the authority issuing the writ, the court to which the process is returnable and the amount of damages claimed; and, unless the service is so completed, such estate shall not be held against any other creditor or bona fide purchaser. No such certificate left in the town clerk's office for record shall have the effect of the notice of action pending provided for in section 52-325.

      (1949 Rev., S. 8025; 1955, S. 3194d; 1967, P.A. 469.)

      History: 1967 act eliminated leaving copy of process with town clerk and required recording of certificate of attachment rather than keeping it on file.

      Variance in copy not fatal. K. 103. Conveyance pending attachment. 17 C. 283. An attachment of land is an "encumbrance" within covenant against encumbrances. 43 C. 136. Attachment cannot be made before process is placed in officer's hands. Id., 185, 186. A lien exists only for the amount to which the officer is directed by the writ to attach. 52 C. 19. An uncertain interest, incapable of appraisal and possibly of no value, is not attachable. 71 C. 155; 83 C. 346. History of statute. 90 C. 325, 339; 109 C. 434. Effect of outstanding equities in land; 91 C. 571; of unrecorded mortgage or deed. 71 C. 364; 89 C. 59; 91 C. 423. Right of attaching creditor to redeem prior mortgage. 83 C. 514. Equitable interests as subject to attachment. 71 C. 154; 83 C. 355. Mortgagee's interest is not; 81 C. 419; 83 C. 356; nor the interest of an obligee in a bond for sale, who has paid nothing; 70 C. 274; but it is attachable after payments have been made. 90 C. 555. Right of attaching creditor to rely on record title. 92 C. 345. Attachment has priority over deed not recorded in reasonable time. 91 C. 423. Attachment dates from time certificate is lodged with town clerk. 109 C. 436. Town clerk's failure to record or index certificate of attachment does not invalidate attachment otherwise valid. Id., 434. Defective compliance is, at the instance of a creditor or bona fide purchaser, voidable rather than void. 140 C. 464. In a cotenancy with right of survivorship, the death of a cotenant, after attachment but before judgment, extinguishes his interest in the estate attached. 143 C. 427; 145 C. 332. Held that deed to X was insufficient to defeat plaintiff's attachment because it failed to describe the indebtedness it was given to secure. 146 C. 523. See note to section 52-279. Cited. 219 C. 810.

      Cited. 28 CA 809. Cited. 30 CA 52. Cited. 46 CA 399. Incorrect identification of court does not make certificate of attachment defective. 50 CA 671.

      Effect of failure of officer in his return to the town clerk to set forth how and when he served the process on the defendant. 17 CS 439. Although an action for a legal separation is in personam, if the accompanying constructive attachment of property in the court's jurisdiction is properly made at the outset of the action, the action becomes quasi in rem and personal service of process need not be made. 26 CS 284.

      Sec. 52-286. Attachment of leasehold interests. Leasehold interests in real estate, oyster lots or beds, franchises issuing out of real estate, and any interest in buildings owned by one person on the land of another, may be attached in the same manner as real estate.

      (1949 Rev., S. 8027.)

      Sec. 52-287. Attachment of fixtures of telegraph, telephone or electric companies. The fixtures of every telegraph, telephone or electric light or power company, or association engaged in distributing electricity by wires or similar conductors, including its wires, posts, crossbars, lamps, switchboards, piers and abutments, may be attached in the same manner and with the same legal effect as real estate in civil actions, by the officer lodging in the office of the Secretary of the State a certificate that he has made such attachment, which shall be endorsed by said secretary with a note of the precise time of its reception, and kept on file, open to public inspection, in said office. Such attachment, if completed as hereinafter provided, shall be considered as made when such certificate is so lodged. The certificate shall be signed by such officer, shall describe the termini of the line or lines and the location of the switchboards attached, with reasonable certainty, and shall specify the parties to the suit, the court to which the process is returnable and the amount of damages claimed; and such officer shall, within four days thereafter, leave in the office of said secretary a certified copy of the process under which the attachment was made, with an endorsement of his doings thereon; and unless the service is so completed, the property shall not be held against any other creditor or bona fide purchaser.

      (1949 Rev., S. 8029.)

      See Sec. 52-380b re judgment liens on certain public utility property.

      Sec. 52-288. Attachment of railroad cars and motor vehicles. Section 52-288 is repealed.

      (1949 Rev., S. 8030; 1967, P.A. 879; 1969, P.A. 281; P.A. 76-401, S. 6, 7.)

      Sec. 52-289. Attachment of corporate rights or shares. Rights or shares in the stock of any corporation, together with the dividends and profits due and growing due thereon, may be attached and taken on execution. Such attachment shall be made by leaving a true and attested copy of the process and of the accompanying complaint, with the proper endorsement thereon of the officer serving the same, with the defendant or at his usual place of abode, if within the state, and with the secretary, clerk or cashier of such corporation or, if such corporation has no secretary, clerk or cashier or if he is absent from the state, then at the principal place in the state where such corporation transacts its business or exercises its corporate powers. When an officer with a writ of attachment applies to such secretary, clerk or cashier, for the purpose of attaching such rights or shares, the secretary, clerk or cashier shall furnish him with a certificate, under his hand, in his official capacity, specifying the number of rights or shares which the defendant holds in the stock of such corporation, with the encumbrances thereon, if any, and the amount of dividends thereon due, and upon the failure of any secretary, clerk or cashier to furnish such officer with such certificate, he shall be fined not more than two hundred dollars. Such rights or shares, together with the dividends and profits, shall be held to respond to the judgment which may be recovered in such action for sixty days after its rendition; but no attachment of shares of stock for which a certificate is outstanding shall be valid until such certificate is actually seized by the officer making the attachment, or is surrendered to the corporation which issued it.

      (1949 Rev., S. 8031; 1959, P.A. 574, S. 5.)

      History: 1959 act deleted provision which stated as possible condition for valid attachment that attachment of stock shares for which certificate is outstanding is not valid until "its transfer by the holder [is] enjoined".

      Absence of cashier. 17 C. 259. Equitable interests in stock can be taken. 33 C. 379. Equitable interest in stock of foreign corporation, held here as collateral, is not attachable. 53 C. 400. Proceedings to attach shares of stock owned by nonresident in corporation of this state. 84 C. 618. Provision concerning dividends. 242 U.S. 357. Effect of false statement as to amount of stock owned by defendant, made by secretary of corporation to officer; liability of corporation on grounds of estoppel. 100 C. 260.

      Cited. 5 CS 388. Cited. 16 CS 95.

      Secs. 52-290 and 52-291. Attachment of property purchased on condition. Disclosure by vendor of claim on the property. Sections 52-290 and 52-291 are repealed.

      (1949 Rev., S. 8032, 8033; 1959, P.A. 28, S. 181; 133, S. 10-102.)

      Sec. 52-292. Attachment in actions against voluntary associations and their members. The property of a voluntary association, whether held by it or by trustees for its benefit, may be attached and held to respond to any judgment that may be recovered against it; but the individual property of its members shall not be liable to attachment or levy of execution in actions against such association to which such members are not parties. Any judgment obtained in a joint action against such association and its members shall be satisfied first from the personal property of such association, if the same is sufficient, and thereafter the property of any member of such association against whom judgment was rendered jointly with such association may be taken upon execution to satisfy the unpaid portion of such judgment. The attachment lien on the personal property of any member of such voluntary association against whom judgment is rendered in an action so brought shall not expire until two months from the completion of the levy issued upon the personal property of such association; and if real estate of any member has been attached in such action and judgment therein is rendered, the attachment lien thereon shall not expire until four months from the completion of the levy of the execution against the personal property of such association. Nothing herein contained shall be construed as prohibiting the plaintiff in any action of tort from satisfying such judgment out of the real estate of such association.

      (1949 Rev., S. 8035.)

      See Sec. 52-76 re actions by and against voluntary associations.

      Creditor may sue association, or the individuals composing it; in the former case he can levy only on the property of the association. 55 C. 113.

      Failure to return complaint for two and one-half years not diligent as required for application of statute. 50 CA 632.

      Cited. 33 CS 730.

      Sec. 52-293. Sale of attached livestock and perishable property. When any livestock, or other personal property in its nature perishable or liable to depreciation, or the custody and proper preservation of which would be difficult or expensive, is attached, either party to the suit may apply to any judge of the court to which such process is returnable for an order to sell the same, and thereupon, after such reasonable notice to the adverse party as such judge directs, and upon satisfactory proof that such sale is necessary and proper, and payment of the judge's fees by the party making such application, such judge may order such property to be sold by the officer who attached the same, or, in case of such officer's inability, by a state marshal, or any indifferent person requested in writing to do so by such attaching officer, at public auction, at such time and place, and upon such notice, as such judge deems reasonable; and such judge may, at such judge's discretion, order the officer making such sale to deposit the avails with the clerk of such court.

      (1949 Rev., S. 8036; March, 1958, P.A. 27, S. 69; 1959, P.A. 28, S. 122; 152, S. 76; P.A. 00-99, S. 112, 154; P.A. 01-195, S. 60, 181.)

      History: 1959 acts deleted enumeration of courts, etc. to which parties may apply, including town, city and borough courts and county commissioners, which were abolished, substituted statement application be made to court to which process is returnable, and deleted provision that order for deposit be subject to order of court having final jurisdiction of cause; P.A. 00-99 replaced reference to sheriff of the county or any deputy with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.

      "Perishable" and "expensive" defined. 31 C. 495. Cited. 47 C. 577. Cited. 99 C. 591.

      Sec. 52-294. Procedure on sale of attached property. When the plaintiff intends to make application for a sale pursuant to section 52-293, the property shall be appraised by three disinterested property owners of the town where it was taken, one of whom shall be appointed by the plaintiff, one of whom shall be appointed by the defendant, and one of whom shall be appointed by agreement of both the plaintiff and the defendant, provided, if they cannot agree in appointing the third appraiser or if either party neglects to appoint, the attaching officer shall apply to a judge of the superior court for the judicial district in which the property is located, who shall appoint one or more appraisers as the case may require. The appraisers or any two of them, being sworn, shall make a written estimate of the true value of the property, and deliver their appraisal to the attaching officer. A certificate of the appraisal, signed by at least two of them, shall be presented to the judge to whom the plaintiff applies for an order of sale. Before any order is made upon application of the plaintiff, he shall give bond with surety to the adverse party, to the acceptance of the judge, in double the amount of the value of the property, conditioned that he shall prosecute his action to effect and pay all damages which the adverse party may sustain by the sale of such property at less than its appraised value, with interest thereon.

      (1949 Rev., S. 8037; 1959, P.A. 152, S. 77; P.A. 84-527, S. 13.)

      History: 1959 act deleted reference to application made to county commissioner, county government being abolished; P.A. 84-527 replaced provision that appraisers are "to be chosen, appointed and sworn, and to make their return to the officer, in the same manner as appraisers of real estate taken by execution" with provisions specifying the manner of appointment and the procedure if the plaintiff and defendant cannot agree in appointing the third appraiser or if either party neglects to appoint and provided that "the appraisers or any two of them, being sworn, shall make a written estimate of the true value of the property, and deliver their appraisal to the attaching officer".

      Sec. 52-295. Costs and expenses of appraisal. The costs of the appraisal shall be paid by the officer and charged in his fees; and the expenses thus incurred by either party shall be taxed as part of the costs in the cause; and the officer who served such writ shall make return of what has been done in the premises to the court to which such writ is returnable.

      (1949 Rev., S. 8038.)

      Sec. 52-296. Disposition of avails of attachment sale. If the suit upon which such property was attached is decided in favor of the defendant, the money accruing from the sale of such property shall be paid to him; but, if decided in favor of the plaintiff, such money, or so much thereof as will satisfy his claim, shall be paid to him; and, if the property attached has been subject to more than one attachment, the money shall be paid to the several attaching creditors, in the same order and proportion as the proceeds would have been payable in case of sale on execution; and the court which renders final judgment in the suit may make the necessary orders therefor.

      (1949 Rev., S. 8039.)

      Sec. 52-297. Avails of attachment sale may be attached. After the money accruing from the sale of the property attached has been paid to the clerk of the court, any creditor may attach it by leaving a copy of his attachment, with an endorsement of the service thereon, with such clerk, and a like copy with the defendant, if within this state; in which case the sum which such creditor recovers shall be paid to him, under the order of the court, out of the surplus left after deducting all previous attachments, in the same manner as if he had attached such property before the sale.

      (1949 Rev., S. 8040; 1959, P.A. 28, S. 182.)

      History: 1959 act deleted references to payment to justice of the peace.

      Sec. 52-298. Defendant may take avails of sale on giving bond. The defendant may, at any time during the pendency of the suit, take to his own use the money raised by such sale, upon giving bond to the plaintiff with surety to the satisfaction of the judge who ordered such sale, or of the court before which the action is pending, if then in session, to refund the same in the event of final judgment rendered against him, to be disposed of in satisfaction of such judgment as hereinbefore provided.

      (1949 Rev., S. 8041; 1959, P.A. 28, S. 183.)

      History: 1959 act deleted references to justice of the peace.

      Sec. 52-299. Attachment of partnership property for partner's debt. When any action is brought to or is pending in the Superior Court, in which partnership property, or any interest therein, is attached to secure a claim against an individual partner only, any party to the action, or any member or members of such partnership, may file a complaint in the nature of a bill in equity in such court, which may, from time to time, make such order in the premises, either by granting an injunction, appointing a receiver, directing as to the disposition of the partnership property, the collection of the partnership debts and the application of the partnership funds, or otherwise, as to equity appertains.

      (1949 Rev., S. 8071; P.A. 76-436, S. 405, 681.)

      History: P.A. 76-436 removed actions in court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978.

      Interest taken by such an attachment. 2 C. 516; 4 C. 542, 543; 10 C. 43; 13 C. 467; 14 C. 408; 21 C. 138. Cited. 58 C. 252; 68 C. 16. Provides a remedy for the attaching creditor to make his security available. 71 C. 706.

      Cited. 21 CA 32.

      Sec. 52-300. Discontinuance of attachment proceedings; security. Any court or judge before whom any proceedings relative to the attachment of partnership property in a suit against one of the partners may be pending may order the same to be discontinued, when security is given to the plaintiff in the original action, satisfactory to such court or judge, for the payment of the judgment that may be recovered in such original action, or for the application thereto of an amount not exceeding the debtor's interest in the whole partnership property.

      (1949 Rev., S. 8072.)

      Secs. 52-301 to 52-303. Statement of claim of plaintiff may be required on defendant's application. Discharge of excessive attachment; cost of proceeding. Sections 52-301 to 52-303, inclusive, are repealed.

      (1949 Rev., S. 8051-8053; 1953, S. 3198d, 3199d; 1957, P.A. 207; 1959, P.A. 28, S. 123; P.A. 74-183, S. 98, 291; P.A. 76-401, S. 6, 7; 76-436, S. 488, 681.)

      Sec. 52-304. Dissolution of attachment by substitution of bond or lien. When any estate is attached, or any debt or effects taken by process of foreign attachment, the defendant may apply in writing to the court in which such action may be pending, or any judge thereof, to dissolve the attachment lien upon the substitution of (a) a bond with surety or (b) a lien on any other property of the defendant which has an equal or greater net equity value than the amount secured by such attachment.

      (1949 Rev., S. 8043; 1953, S. 3196d; 1961, P.A. 517, S. 44; 1971, P.A. 39, S. 1.)

      History: 1961 act deleted obsolete provision for application to justice of the peace or municipal court when debt or damages do not exceed $300; 1971 act allowed dissolution of attachment lien upon substitution of lien on other property of equal or greater net equity value than amount secured by attachment.

      The dissolution of an attachment by the substitution of a bond is a strict statutory proceeding. 58 C. 434. Cited. 72 C. 159. Effect where goods attached were held under conditional sale. 79 C. 572. Any common law bond may be used by consent. 94 C. 91. Bond by two defendants conditioned on payment of any judgment "against them" covers judgment against one. Id. Attachment as duress. 97 C. 131. Provisions of this section are mandatory on court. 102 C. 315. Bond takes place of property; whatever destroys attachment destroys bond. 104 C. 281. In case of bond given to release foreign attachment, demand must be made on surety within sixty days after judgment. Id. Burden is on defendant, in suit on attachment bond, to show value of property was less than amount of attachment. 109 C. 364. Cited. 136 C. 643. Cited. 145 C. 74. Dissolution of attachment governed by statute; no statute authorizes the release of an attachment because it is wrongful or unauthorized. 147 C. 233. Cited. 162 C. 32. Cited. 178 C. 250. Cited. 183 C. 85. Cited. 200 C. 406. Cited. 209 C. 15.

      Cited. 1 CA 368. Provisions of statute are not discretionary; denial of the application for substitution after finding fair market value equaled or exceeded amount of original attachment held to be improper. 6 CA 350. Cited. 32 CA 118. Cited. 46 CA 399.

      Sec. 52-305. Form of application for dissolution. The application may be in form substantially as follows:

To ...., a judge of the court for the ....:

      The application of C.D. of ...., in the judicial district of ...., shows that he is defendant in a certain action demanding .... dollars, debt (or damages), wherein A.B. of .... is plaintiff; in which action, the following estate has been attached, to wit: .... by E.F. (insert the name of the officer), of .... and that he is desirous that said attachment should be dissolved upon the substitution of a bond with surety or upon the substitution of a lien on other property belonging to the defendant, according to the statute.

      Dated at .... the .... day of ...., 20...

C.D.

      Sec. 52-306. Notice of application to dissolve attachment. No attachment shall be dissolved until reasonable notice of the application, in writing, signed by the defendant or his attorney, has been served upon the plaintiff or his attorney and the officer serving the attachment; and such notice may be in form substantially as follows:

      C.D.

      Sec. 52-307. Amount of attachment bond or substitute lien; hearing as to sufficiency. All persons interested may be heard in relation to the amount and sufficiency of the bond or the substitute lien offered by the defendant. Such amount shall equal the value of the estate which the process directed to be attached, unless the action is founded in tort for the recovery of unliquidated damages, and it appears to the authority to whom the application is made that the amount so required to be attached is excessive, in which case he may take a bond or substitute lien for such sum as he deems reasonable.

      (1949 Rev., S. 8046; 1971, P.A. 39, S. 4.)

      History: 1971 act added reference to substitute liens.

      See note to section 52-304. Cited. 130 C. 514. Cited. 178 C. 250. Cited. 200 C. 406. Sec. 52-304 et seq. cited. 209 C. 15.

      Cited. 5 CA 142.

      "And" following "damages" is intended to refer to unliquidated damages and to provide for a reduction if they are excessive. 12 CS 102.

      Sec. 52-308. Form of attachment bond. The bond shall be taken to the plaintiff and be substantially in the following form:

      KNOW ALL MEN BY THESE PRESENTS: That .... of .... as principal, and .... of .... as surety, are holden and firmly bound jointly and severally unto .... of .... in the penal sum of .... dollars, to which payment well and truly to be made, we hereby bind ourselves, our heirs, executors and administrators, firmly by these presents. THE CONDITION of this obligation is such that, whereas the said .... has brought an action against the said ...., said action being returnable to the .... court for .... judicial district on the first Tuesday of ...., 20.., demanding .... dollars damages, the writ being dated at ...., on the .... day of ...., A.D. 20.., and signed by .... as ...., and by direction of said writ an attachment has been placed upon property of the said .... as follows: .... Now, Therefore, if the said .... shall pay any judgment that may be recovered against him in such action not exceeding the amount of .... dollars (the amount of damages demanded by said writ), or in default of such payment, shall pay to the officer having the execution issued on such judgment, on demand, the actual value of the interest, not exempt from attachment and execution, of the said .... in said attached property at the time of said attachment, not exceeding said amount of .... dollars, then his bond shall be void, but otherwise in full force and effect.

      Dated at .... this .... day of ...., 20...

      .... L.S.
.... L.S.

      Sec. 52-309. Return of application, bond or certified copy of lien and proceedings. The authority dissolving the attachment, if it is other than the court to which the writ is returnable, shall certify his doings upon the application, and forthwith return the application, bond or certified copy of the lien and other proceedings to the court to which the writ is returnable, where they shall be kept on file.

      (1949 Rev., S. 8048; 1953, S. 3197d; 1971, P.A. 39, S. 5.)

      History: 1971 act added reference to return of "certified copy of the lien".

      Defect in certificate. 74 C. 171. Failure of judge to perform clerical acts cannot invalidate judgment. 123 C. 382. See note to section 52-304. Sec. 52-304 et seq. cited. 209 C. 15.

      Sec. 52-310. Certificate of dissolution of attachment. The defendant, if the attachment dissolved is of real estate, may file with the town clerk of the town where the real estate is situated a certificate of such dissolution signed by the plaintiff of record or by his attorney of record or by the authority making the same; if the attachment is of shares in any corporation, he may leave a like certificate with the officer of the corporation with whom a copy of the attachment was left in service; and, if the attachment is of debts or effects in the hands of a garnishee, he may leave a like certificate with the garnishee; and no such corporation shall be held liable to the defendant for refusing to transfer the shares attached or to pay the dividends due thereon, and no such garnishee shall be held liable to the defendant for refusing to pay the debt or to return the effects attached in his hands, until such certificate has been so left.

      (1949 Rev., S. 8049.)

      See notes to sections 52-304 and 52-309. Cited. 123 C. 382. Sec. 52-304 et seq. cited. 209 C. 15.

      Sec. 52-311. Attachment; new bond or lien may be required. The court before which any action may be pending, in which such a bond or substitute lien has been given, shall, on application of either party and notice to the other, order that a new bond of a licensed surety company or some responsible inhabitant of this state or a new lien be substituted in lieu and discharge of the original one; and, if such order is made on application of the plaintiff, shall render judgment in his favor by default, if such substitution is not made within such time as the court may appoint.

      (1949 Rev., S. 8050; 1971, P.A. 39, S. 6.)

      History: 1971 act added reference to substitute liens.

      Sec. 52-304 et seq. cited. 209 C. 15.

      Secs. 52-312 to 52-320. Discharge from arrest on mesne process. Bail when person arrested on civil process. Special bail required in order to plead. Taking of bail after term or session of court. Liability of surety on bail bond. Actions on bail bond. Assignment of bail bond. Rights of surety. Recognizance of surety in absence of principal. Sections 52-312 to 52-320, inclusive, are repealed.

      (1949 Rev., S. 8042; 8061-8068; 1961, P.A. 289; 1963, P.A. 642, S. 54; 1967, P.A. 656, S. 42-44; 1969, P.A. 512; P.A. 74-183, S. 99, 291; P.A. 76-436, S. 489, 681; P.A. 81-410, S. 14.)

      Sec. 52-321. Liability of income of trust fund to creditors. Expenses of trustee. Except as provided in sections 52-321a and 52-352b:

      (a) If property has been given to trustees to pay over the income to any person, without provision for accumulation or express authorization to the trustees to withhold the income, and the income has not been expressly given for the support of the beneficiary or his family, the income shall be liable in equity to the claims of all creditors of the beneficiary.

      (b) Any creditor of the beneficiary who has secured a judgment against the beneficiary may bring an action against him and serve the trustees with garnishee process, and the court to which the action is returnable may direct the trustees to pay over the net income derived from the trust estate to the judgment creditor, as the income may accrue, until the creditor's debt is satisfied.

      (c) The court having jurisdiction over the fund may make such an order for payment pursuant to subsection (b) when the beneficiary is a nonresident of this state, as well as when the beneficiary is a resident, but in the case of a nonresident beneficiary notice shall be given to the nonresident of the action against him as provided in section 52-87. The nonresidence of the beneficiary shall not deprive the court of authority to make such an order.

      (d) If any such trust has been expressly provided to be for the support of the beneficiary or his family, a court of equity having jurisdiction may make such order regarding the surplus, if any, not required for the support of the beneficiary or his family, as justice and equity may require.

      (e) The defendant trustee in any such action shall be entitled to charge in the administration account of the trust such expenses and disbursements as the court to which the action is brought determines to be reasonable and proper.

      (1949 Rev., S. 8034; 1953, S. 3195d; P.A. 82-160, S. 223; P.A. 91-239, S. 1, 4.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 91-239 added "Except as provided in sections 52-321a and 52-352b".

      Cited. 72 C. 45. Cited. 96 C. 70. Cited. 147 C. 561. Does not apply to trust where trustees are to hold and expend income. 80 C. 237. Statute alone does not give jurisdiction of nonresident. 90 C. 299; 127 C. 112. Only method to create spendthrift trust; requisites. 95 C. 216; 107 C. 13; 108 C. 425. If any one of conditions is present, income is exempt from attachment; trust held a spendthrift trust. 107 C. 13; 108 C. 425. Spendthrift trust; income not assignable or attachable. 119 C. 141; Id., 508. No title to income passes to beneficiary unless and until appropriated to him by trustee. Id., 512. Trustee in determining whether to make expenditures under discretionary trust for support is entitled to take into consideration other means of support available to beneficiary. 119 C. 138; 133 C. 39. Statute does not protect trust created by settlor from his own property for his own benefit. 129 C. 222. Trustee's discretion subject to control of court only to extent abused. 133 C. 37. Fact that trust was not explicitly a spendthrift trust held not to mean that protection of the beneficiary was not a purpose of the trust. 145 C. 634. Agreement of children of settlor of an irrevocable inter vivos trust, which was to be set up at settlor's death as spendthrift trusts for their benefit, to assign incomes therefrom to pay father's debts after his decease was unenforceable by executrix of father's estate. Income of spendthrift trusts cannot be assigned by beneficiaries. 157 C. 315. Spendthrift trusts to benefit children of settlor after his decease not changed by letter of children to third party lender who never relied thereon in making loans to settlor. Spendthrift character of trust prevailed once irrevocable inter vivos trust was set up. Id. Although this section clearly permits court to order payment by trustee of creditor's claim only after claim is reduced to judgment, it does not bar equitable relief short of actual payment during pendency of action. 173 C. 276. Cited. Id., 276. Sec. 52-304 et seq. cited. 209 C. 15.

      Cited. 32 CA 152.

      Statute contemplates existing trust. 7 CS 308. Statute does not contemplate trusts where settlor is beneficiary or where settlor is one beneficiary and payments to him are interwoven with payments to the others; here the entire provision for payment was held invalid. 10 CS 147. Cited. 37 CS 566.

      Burden is on plaintiff to show spendthrift trust was intended. 4 Conn. Cir. Ct. 402.

      Sec. 52-321a. Trust or retirement income and certain retirement, education and medical savings accounts unavailable to creditors. Exceptions for qualified domestic relations order, recovery of costs of incarceration and recovery of damages by victim of crime. (a) Except as provided in subsection (b) of this section, any interest in or amounts payable to a participant or beneficiary from (1) any trust, custodial account, annuity or insurance contract established as part of a Keogh plan or a retirement plan established by a corporation which is qualified under Section 401, 403, 404 or 409 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, (2) any individual retirement account which is qualified under Section 408 of said internal revenue code to the extent funded, including income and appreciation, (A) as a roll-over from a qualified retirement plan, as provided in subdivision (1) of this section, pursuant to Section 402(a)(5), 403(a) or 408(d)(3) of said internal revenue code or (B) by annual contributions which do not exceed the maximum annual limits set forth in Section 219(b) of said internal revenue code, determined without regard to any reduction or limitation for active participants required by Section 219(g) of said internal revenue code, (3) (A) any simple retirement account established and funded pursuant to Section 408(p) of said internal revenue code, (B) any simple plan established and funded pursuant to Section 401(k)(11) of said internal revenue code, (C) any Roth IRA established and funded pursuant to Section 408A of said internal revenue code, (D) any education individual retirement account established and funded pursuant to Section 530 of said internal revenue code, (E) any account established pursuant to any qualified tuition program, as defined in Section 529(b) of the Internal Revenue Code, or (F) any simplified employee pension established under Section 408(k) of said internal revenue code to the extent such pension is funded by annual contributions within the limits of Section 408(j) of said internal revenue code or roll-over contributions from a qualified plan, as provided in subdivision (1) of this subsection, pursuant to Section 402(a)(5), 403(a) or 408(d)(3) of said internal revenue code, (4) any medical savings account established under Section 220 of said internal revenue code, to the extent such account is funded by annual deductible contributions or a roll-over from any other medical savings account as provided in Section 220(f)(5) of said internal revenue code, or (5) any pension plan, annuity or insurance contract or similar arrangement not described in subdivision (1) or (2) of this subsection, established by federal or state statute for federal, state or municipal employees for the primary purpose of providing benefits upon retirement by reason of age, health or length of service, shall be exempt from the claims of all creditors of such participant or beneficiary. Any such trust, account, contract, plan or other arrangement shall be (A) conclusively presumed to be a restriction on the transfer of a beneficial interest of the debtor in a trust that is enforceable under the laws of this state, and (B) considered a trust which has been created by or which has proceeded from a person other than such participant or beneficiary, even if such participant or beneficiary is a self-employed individual, a partner of the entity sponsoring the Keogh plan or a shareholder of the corporation sponsoring the retirement plan.

      (b) Nothing in this section shall impair the rights of an alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended. Nothing in this section or in subsection (m) of section 52-352b shall impair the rights of the state to proceed under section 52-361a to recover the costs of incarceration under section 18-85a and regulations adopted in accordance with section 18-85a from any federal, state or municipal pension, annuity or insurance contract or similar arrangement described in subdivision (5) of subsection (a) of this section, provided the rights of an alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall take precedence over any such recovery. Nothing in this section or in subsection (m) of section 52-352b shall impair the rights of a victim of crime to proceed under section 52-361a to recover damages awarded by a court of competent jurisdiction from any federal, state or municipal pension, annuity or insurance contract or similar arrangement described in subdivision (5) of subsection (a) of this section when such damages are the result of a crime committed by a participant or beneficiary of such pension, annuity or insurance contract or similar arrangement, provided the rights of an alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall take precedence over any such recovery.

      (c) Nothing in this section shall affect the status of additions or contributions to a trust, account, contract, plan or other arrangement described in subsection (a) of this section if (1) (A) the debtor-participant or the debtor-beneficiary is a self-employed individual, partner of the entity sponsoring the Keogh plan or a one per cent or more shareholder of the corporation sponsoring the retirement plan, or in the opinion of a court of competent jurisdiction, exercises dominion and control over such proprietorship, partnership, corporation or other entity and (B) the addition or contribution is made less than ninety days before the filing of the claim on which the judgment is thereafter entered or (2) such additions or contributions are determined to be a fraudulent conveyance under applicable federal or state law.

      (P.A. 91-239, S. 2, 4; P.A. 92-215; P.A. 98-202, S. 1, 2; P.A. 00-113; P.A. 01-195, S. 61, 181; P.A. 03-19, S. 119; P.A. 04-234, S. 21; P.A. 07-166, S. 14.)

      History: P.A. 92-215 amended Subsec. (a) by adding provision re exemption of payments from individual retirement accounts qualified under Section 408 of the Internal Revenue Code from the claims of creditors; P.A. 98-202 amended Subsec. (a) by adding Subdivs. (3) and (4) re simple retirement accounts or plans, Roth IRAs, education individual retirement accounts, simplified employee pensions, medical savings accounts and renumbered former Subdiv. (3) as (5), effective June 8, 1998 (Revisor's note: In Subsec. (a)(4) a reference to "said internal code" was changed editorially by the Revisors to "said internal revenue code"); P.A. 00-113 amended Subsec. (b) by adding provisions re rights of state to recover costs of incarceration, rights of victim to recover damages awarded by court as result of crime and rights of alternate payee under qualified domestic relations order; P.A. 01-195 made a technical change in Subsec. (b), effective July 11, 2001; P.A. 03-19 made a technical change in Subsec. (b), effective May 12, 2003; P.A. 04-234 amended Subsec. (b) to replace "costs of incarceration" with "costs of incarceration under section 18-85a and regulations adopted in accordance with section 18-85a" and to make a technical change, effective June 8, 2004; P.A. 07-166 amended Subsec. (a)(3) by adding new Subpara. (E) re exemption of payments from any qualified tuition program, as defined in Section 529(b) of the Internal Revenue Code, and redesignating existing Subpara. (E) as Subpara. (F).

      Subsec. (a):

      Cited. 238 C. 778. P.A. 92-215 cited. Id.

      Sec. 52-322. Certificate of plaintiff dissolving attachment and removing lien upon happening of certain events or attachment becoming ineffective. When the estate of any person has been attached in any proceeding wherein a certificate of such attachment or a copy of the writ or proceeding is required by law to be filed in the office of the town clerk, and the plaintiff therein has received satisfaction for the plaintiff's claim, or final judgment has been rendered against the plaintiff thereon, or when for any reason such attachment has become of no effect, such plaintiff or the plaintiff's attorney, at the request of any person interested in the estate attached or in having the attachment lien removed, shall file a certificate with such town clerk that such attachment is dissolved and such lien removed. Each such certificate shall be recorded by such town clerk in the land records of the town wherein the property affected by the release is located or wherein the certificate of attachment was filed.

      (1949 Rev., S. 8054; P.A. 09-213, S. 9.)

      History: P.A. 09-213 replaced requirement that certificate be recorded "at length in a book kept for that purpose by such clerk as a part of the land records" with requirement that certificate be recorded "by such town clerk in the land records", replaced "lodge" with "file" and made technical changes.

      Inequitable release of lis pendens, when. 162 C. 26. Cited. 180 C. 501. Sec. 52-304 et seq. cited. 209 C. 15.

      Cited. 36 CA 206.

      Cited. 4 Conn. Cir. Ct. 14. Cited. 6 Conn. Cir. Ct. 456.

      Sec. 52-323. Penalty for not filing certificate. Section 52-323 is repealed.

      (1949 Rev., S. 8055; 1969, P.A. 595, S. 5.)

      Sec. 52-324. Certificate of court clerk upon happening of certain events or attachment becoming ineffective. If an attachment, such as is set forth in section 52-322, has been made and the plaintiff has withdrawn the plaintiff's suit or has been nonsuited or final judgment has been rendered against the plaintiff, or if such suit has not been returned, or if for any reason such attachment has become of no effect, the clerk of the court to which such suit has been made returnable shall, upon the request of any person interested, issue a certificate in accordance with the facts, which certificate may be filed in the office of the town clerk, and such town clerk shall record such certificate in the land records.

      (1949 Rev., S. 8056; 1959, P.A. 28, S. 184; P.A. 09-213, S. 10.)

      History: 1959 act deleted reference to suits returnable to justices of the peace; P.A. 09-213 replaced requirement that certificate "shall by such town clerk be noted on the margin of the record where such attachment is recorded" with requirement that "such town clerk shall record such certificate in the land records" and made technical changes.

      Certificate of dissolution denied since one count of the complaint remained to be litigated. 146 C. 739. Inequitable release of lis pendens, when. 162 C. 26. Cited. 180 C. 501. Sec. 52-304 et seq. cited. 209 C. 15.

      Cited. 36 CA 206.

      Cited. 4 Conn. Cir. Ct. 14. Cited. 6 Conn. Cir. Ct. 456.

      Sec. 52-325. Notice of lis pendens. (a) In any action in a court of this state or in a court of the United States (1) the plaintiff or his attorney, at the time the action is commenced or afterwards, or (2) a defendant, when he sets up an affirmative cause of action in his answer and demands substantive relief at the time the answer is filed, if the action is intended to affect real property, may cause to be recorded in the office of the town clerk of each town in which the property is situated a notice of lis pendens, containing the names of the parties, the nature and object of the action, the court to which it is returnable and the term, session or return day thereof, the date of the process and the description of the property, except that no such notice may be recorded in an action that alleges an illegal, invalid or defective transfer of an interest in real property unless the complaint or affirmative cause of action contains the date of the initial illegal, invalid or defective transfer of an interest in real property and such transfer has occurred less than sixty years prior to the commencement of such action. Such notice shall, from the time of the recording only, be notice to any person thereafter acquiring any interest in such property of the pendency of the action; and each person whose conveyance or encumbrance is subsequently executed or subsequently recorded or whose interest is thereafter obtained, by descent or otherwise, shall be deemed to be a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the recording of such notice, to the same extent as if he were made a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of the recording of such notice; provided such notice shall be of no avail unless service of the process is completed within the time provided by law. This section shall be construed to apply to mechanics' liens and all other inchoate liens, certificates of which are recorded subsequent to the recording of the notice of the pendency of the action; and, in suits to foreclose mortgages or other liens, the persons whose conveyances or encumbrances are subsequently executed or subsequently recorded shall forfeit their rights thereunder, unless they apply to the court in which such action is brought to be made parties thereto, prior to the date when the judgment or decree in such action is rendered.

      (b) As used in this section, actions "intended to affect real property" means (1) actions whose object and purpose is to determine the title or rights of the parties in, to, under or over some particular real property; (2) actions whose object and purpose is to establish or enforce previously acquired interests in real property; (3) actions which may affect in any manner the title to or interest in real property, notwithstanding the main purpose of the action may be other than to affect the title of such real property.

      (c) Notwithstanding the provisions of subsection (a) of this section, in any action except a suit to foreclose a mortgage or other lien, no recorded notice of lis pendens shall be valid or constitute constructive notice thereof unless the party recording such notice, not later than thirty days after such recording, serves a true and attested copy of the recorded notice of lis pendens upon the owner of record of the property affected thereby. The notice shall be served upon the owner, if the owner resides in the same town in which the real property is located, by any proper officer or indifferent person, by leaving a true and attested copy of such recorded notice with the owner or at the owner's usual place of abode. If the property owner does not reside in such town, such copy may be served by any proper officer or indifferent person, by mailing such copy, by registered or certified mail, to the owner at the place where the owner resides. If such copy is returned unclaimed, notice to such property owner shall be given by publication in accordance with the provisions of section 1-2. If the property owner is a nonresident individual or foreign partnership, or the executor or administrator of the nonresident individual or foreign partnership, the notice may be served upon the Secretary of the State as provided in subsection (c) of section 52-59b and if the property owner is a foreign corporation, the notice may be served as provided in section 33-519 or 33-929. When there are two or more property owners of record, a true and attested copy of such recorded notice shall be so served on each property owner. A certified copy of the recorded notice of lis pendens, with the return of the person who served it, endorsed thereon, shall be returned to the party who recorded the notice who shall file a copy of the return with the clerk of the court in which the action is brought. The clerk shall include the copy in the record.

      (1949 Rev., S. 8057; 1961, P.A. 145; P.A. 81-8, S. 1, 9; P.A. 90-58; P.A. 93-431, S. 9, 10; Oct. Sp. Sess. P.A. 93-4, S. 1, 4; P.A. 96-271, S. 218, 254; P.A. 05-247, S. 2.)

      History: 1961 act added language at beginning of section specifying applicability to actions "in any court of this state or in a district court of the United States"; P.A. 81-8 added Subsecs. (b) and (c) defining "actions intended to affect real property" and requiring that, in order for a recorded notice of lis pendens to be valid or constitute constructive notice, the party recording the notice shall serve a copy of the notice upon the owner of record of the property; P.A. 90-58 amended Subsec. (c) to add provision re the manner of service of the notice if the property owner is a nonresident individual, foreign partnership or foreign corporation; P.A. 93-431 amended Subsec. (c) to authorize any "proper officer" to serve a copy of the recorded notice, effective January 1, 1994; Oct. Sp. Sess. P.A. 93-4 amended Subsec. (a) to prohibit the recording of a notice in an action alleging an illegal, invalid or defective transfer of an interest in real property unless the complaint or affirmative cause of action contains the date of the initial illegal, invalid or defective transfer and such transfer occurred less than 60 years prior to the commencement of such action, effective November 12, 1993, and applicable to any notice of lis pendens recorded before, on or after said date; P.A. 96-271 amended Subsec. (c) to replace reference to Sec. 33-411 with Sec. 33-929, effective January 1, 1997; P.A. 05-247 amended Subsec. (c) to exempt suits to foreclose a mortgage or other lien, add requirements that party who recorded notice file a copy of the return with the clerk of the court in which the action is brought and that the clerk include the copy in the record, and make technical changes.

      Application for the appointment of a partnership receiver is not an action "intended to affect real estate". 66 C. 359. Necessity of pleading to take advantage of statute. 91 C. 165. No lis pendens required where attachment made on mesne process prior to 1929 amendment to section 52-285; effect of dissolution of real estate attachment by substitution of bond. 104 C. 289. Cited. 114 C. 92. Effect of deed executed after lis pendens filed. 122 C. 412. Cited. 146 C. 237. Cited. 162 C. 26. Application for appointment of receiver, in cases like the present, is not an action to affect real estate, within the meaning of the statute. 165 C. 675. Cited. 169 C. 638. Statute unconstitutional in that it fails to provide for notice to property owners and a hearing at a meaningful time and in a meaningful manner to challenge the lis pendens. 180 C. 501. Unconstitutionality of statute has no effect since judgment has been entered. 181 C. 141. Cited. 183 C. 117. Statute as amended by public act 81-8 meets minimum requirements of procedural due process. 189 C. 471. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 213 C. 676. Cited. 217 C. 24. Cited. 226 C. 773. P.A. 93-431 cited. Id.

      Cited. 10 CA 166. Cited. 11 CA 211; Id., 653. Cited. 21 CA 32. Cited. 31 CA 15; judgment reversed, see 230 C. 807. Cited. 32 CA 627. Cited. 36 CA 206. Cited. 37 CA 698. Section is prospective and does not affect prior interests. 63 CA 164.

      Time provisions of statute cannot as matter of law bar court from exercising its discretion under section 49-15 (opening foreclosure judgment), must be read in light of said section and does not preclude opening to make lienor a party. 27 CS 201. Purpose is to avoid harshness of common law rule that every man deemed attentive to pending litigation; related Sec. 49-39 held not condition precedent or jurisdictional, satisfied by actual notice. 34 CS 84. Action for dissolution of marriage is not akin to actions for the breach of ordinary contract, or foreclosure of mortgage or other liens. 36 CS 56. Cited. Id. Cited. 38 CS 70. Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

      Cited. 4 Conn. Cir. Ct. 13.

      Subsec. (a):

      Cited. 36 CA 469.

      Cited. 40 CS 312.

      Subsec. (b):

      Subdiv. (3): A lease comes within provision of this statute. 39 CS 195.

      Sec. 52-325a. Application for discharge. Forms. Hearing. (a) Whenever a notice of lis pendens is recorded against any real property pursuant to subsection (a) of section 52-325, the property owner, if the action has not then been returned to court, may make application, together with a proposed order and summons, to the superior court for the judicial district to which the action is made returnable, or to any judge thereof, that a hearing or hearings be held to determine whether such notice of lis pendens should be discharged. The court or judge shall thereupon order reasonable notice of such application to be given to the plaintiff and shall set a date or dates for the hearing or hearings to be held thereon. If such plaintiff is not a resident of this state such notice shall be given by personal service, registered or certified mail, publication or such other method as the court or judge shall direct. At least seven days notice shall be given to the plaintiff prior to the date of such hearing.

      (b) The application, order and summons shall be substantially in the following form:

APPLICATION FOR DISCHARGE OF
NOTICE OF LIS PENDENS

      ....
(Name of Applicant)
By: ....
His Attorney

ORDER

      ....
(Clerk of the Court)

SUMMONS

      ....

(Commissioner of the Superior Court)

      Sec. 52-325b. Burden of proof at hearing. Order of court. (a) Upon the hearing held on the application or motion set forth in section 52-325a, the plaintiff shall first be required to establish that there is probable cause to sustain the validity of his claim and, if the action alleges an illegal, invalid or defective transfer of an interest in real property, that the initial illegal, invalid or defective transfer of an interest in real property occurred less than sixty years prior to the commencement of the action. Any property owner entitled to notice under subsection (c) of section 52-325 may appear and be heard on the issue.

      (b) Upon consideration of the facts before it, the court or judge may: (1) Deny the application or motion if (A) probable cause to sustain the validity of the claim is established or (B) in an action that alleges an illegal, invalid or defective transfer of an interest in real property, probable cause to sustain the validity of the claim is established and the initial illegal, invalid or defective transfer of an interest in real property occurred less than sixty years prior to the commencement of the action, or (2) order such notice of lis pendens discharged of record if (A) probable cause to sustain the validity of the plaintiff's claim is not established or (B) in an action that alleges an illegal, invalid or defective transfer of an interest in real property, the initial illegal, invalid or defective transfer of an interest in real property occurred sixty years or more prior to the commencement of the action.

      (P.A. 81-8, S. 3, 9; Oct. Sp. Sess. P.A. 93-4, S. 3, 4.)

      History: Oct. Sp. Sess. P.A. 93-4 amended Subsec. (a) to require the plaintiff in an action that alleges an illegal, invalid or defective transfer of an interest in real property to establish that the initial illegal, invalid or defective transfer occurred less than 60 years prior to the commencement of the action and amended Subsec. (b)(1) and (2) to add Subpara. (B) re the grounds for denying or granting an application or motion to discharge a recorded notice of lis pendens in an action that alleges an illegal, invalid or defective transfer of an interest in real property, effective November 12, 1993, and applicable to any notice of lis pendens recorded before, on or after said date.

      Cited. 189 C. 471. Cited. 209 C. 15. Sec. 52-304 et seq. cited. Id. Cited. 217 C. 24.

      Cited. 18 CA 16. Cited. 32 CA 627.

      Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s), Sec. 52-325 et seq. cited. Id.

      Subsec. (a):

      Cited. 11 CA 211.

      Sec. 52-325c. Appeal. (a) Any order entered as provided in subsection (b) of section 52-325b shall be deemed a final judgment for the purpose of appeal.

      (b) No appeal shall be taken from such order except within seven days thereof. The effect of such order shall be automatically stayed for such seven-day period. If an appeal is taken within such seven-day period, the party taking such appeal may, within such period, file an application with the clerk of the court in which such order was issued, requesting a stay of the effect of such order pending such appeal, which application shall set forth the reasons for such request. A copy of such application shall be sent to the adverse party by the applicant. Upon the filing of such application, the effect of such order shall be further stayed until a decision is rendered thereon. A hearing on such application shall be held promptly. Such order shall be stayed if the party taking such appeal posts a bond, as provided in subsection (c) of this section.

      (c) Upon the hearing on such application, the court shall: (1) Upon motion of the party taking the appeal set an amount of bond with surety for the stay of such order as provided in subsection (b) of this section, which amount shall be as the court deems sufficient to indemnify the adverse party for any damages which may result from the stay. If the party taking the appeal gives such bond the order shall be stayed; or (2) grant the stay; or (3) deny the stay; or (4) condition the granting of the stay upon the giving of such a bond.

      (d) Any order of discharge or any order of any stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such notice of lis pendens was recorded. The clerk of the court in which any such order is issued shall not deliver any certified copies thereof until the time for taking an appeal has elapsed or, if an appeal is taken and an application for a stay of such order is filed, until such time as a decision granting or denying such stay has been rendered.

      (e) When a certified copy of such order of discharge of notice of lis pendens has been recorded, such discharged notice of lis pendens shall not be deemed to constitute constructive notice of the claim of the party recording such notice to any third party who acquires his interest in the particular property either before or after the recording of such discharge.

      (P.A. 81-8, S. 4, 9.)

      Cited. 189 C. 471. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 217 C. 24.

      Cited. 36 CA 206; Id., 469. Cited. 41 CA 737. Cited. 42 CA 617. Cited. 45 CA 324.

      Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s), Sec. 52-325 et seq. cited. Id.

      Subsec. (a):

      Cited. 18 CA 16.

      Subsec. (b):

      Cited. 10 CA 166.

      Sec. 52-325d. Motion for discharge of invalid notice of lis pendens. In any action in which (1) a notice of lis pendens was recorded which is not intended to affect real property, or (2) the recorded notice does not contain the information required by subsection (a) of section 52-325 or section 46b-80, as the case may be, or (3) service of process or service of the certified copy of the notice of lis pendens was not made in accordance with statutory requirements, or (4) when, for any other reason, the recorded notice of lis pendens never became effective or has become of no effect, any interested party may file a motion requesting the court to discharge the recorded notice of lis pendens. If the court finds that such notice never became effective or has become of no effect, it shall issue its order declaring that such notice of lis pendens is invalid and discharged, and that the same does not constitute constructive notice. A certified copy of such order may be recorded in the land records of the town in which the notice of lis pendens was recorded.

      (P.A. 81-8, S. 6, 9.)

      Cited. 189 C. 471. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 217 C. 24.

      Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

      Sec. 52-325e. Duration of notice of lis pendens. Rerecording. (a) No notice of lis pendens recorded against any real property shall continue in force for a longer period than fifteen years after the date such notice was recorded unless within the five years prior to the expiration of said fifteen-year period such notice of lis pendens is rerecorded and a notice of such rerecording is served upon the owner of record of the property affected thereby in accordance with subsection (c) of section 52-325. The record owner of such property may thereafter make application for discharge of such notice of lis pendens in accordance with section 52-325a. No such rerecorded notice of lis pendens shall continue in force for a longer period than ten years after the date such notice was rerecorded.

      (b) No notice of lis pendens which has expired by the provisions of this section shall constitute constructive notice to any third party of the interest, claim or cause of action of the person who caused such notice of lis pendens to be recorded.

      (P.A. 87-360, S. 1, 2.)

      Cited. 217 C. 24.

      Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

      Sec. 52-326. Discharge of lis pendens and invalid liens. The provisions of sections 52-322 and 52-324 shall apply, mutatis mutandis, to any lis pendens recorded according to the provisions of section 52-325 or any invalid lien sought to be discharged under section 49-51.

      (1949 Rev., S. 8058; 1961, P.A. 299; 1969, P.A. 595, S. 4; P.A. 87-589, S. 16, 87.)

      History: 1961 act added provision for invalid lien sought to be discharged under section 49-51; 1969 deleted reference to applicability of Sec. 52-323, repealed by the same act; P.A. 87-589 deleted reference to Sec. 52-323.

      See Secs. 49-8, 49-13 re release or discharge of mortgages or ineffective attachment, lis pendens or lien and re damages.

      Cited. 162 C. 26. Cited. 180 C. 501. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 217 C. 24.

      Cited. 36 CA 206.

      Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

      Court has no nonstatutory power to act on application for discharge of lis pendens. 4 Conn. Cir. Ct. 12, 14. Cited. 6 Conn. Cir. Ct. 456.

      Sec. 52-327. Duration of attachment lien on real estate. Discharge upon expiration. No attachment of real estate shall continue in force as a lien for a longer period than fifteen years after the date thereof unless within said period the action in which such attachment was made has been prosecuted to effect and a judgment lien filed according to law. All attachments of real estate which have expired as a lien by the provisions of this section shall be deemed dissolved and the real estate shall be free from any lien or encumbrance by reason of the same and the town clerk of the town in which such real estate is situated shall, upon the request of any person interested, discharge such attachment lien by recording a discharge of lien in the land records.

      (1949 Rev., S. 8026; P.A. 09-213, S. 11.)

      History: P.A. 09-213 replaced requirement that town clerk "endorse on the record of such attachment the words `discharged by operation of law'" with requirement that town clerk "discharge such attachment lien by recording a discharge of lien in the land records".

      Sec. 52-304 et seq. cited. 209 C. 15.

      Cited. 17 CS 475. Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

      Sec. 52-328. Duration of attachment liens after judgment. (a) Except as provided in subsection (c) of this section, no personal estate which has been attached may be held to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor takes out an execution and has it levied on the personal estate attached, or has demand made on the garnishee in cases of foreign attachment, within sixty days after final judgment, or, if such personal estate is encumbered by any prior attachment, unless the execution is so levied within sixty days after such encumbrance has been removed.

      (b) No real estate that has been attached may be held subject to the attachment to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment.

      (c) In case of a foreign attachment against an executor, administrator or trustee in insolvency, demand shall be made within the times limited in sections 52-389, 52-390 and 52-391.

      (d) In determining the periods within which the attaching creditor is so required to take out and levy execution, any time during which the issue or levy of an execution may be prevented or stayed by the pendency of a writ of error, or by an injunction or other legal stay of execution, shall be excluded from the computation.

      (1949 Rev., S. 8073; P.A. 84-527, S. 14; P.A. 05-288, S. 177.)

      History: P.A. 84-527 rephrased provisions prohibiting the holding of attached real estate to respond to a judgment unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment and inserted Subsec. Indicators; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.

      These periods enure successively to the benefit of each of several attaching creditors. 36 C. 582. Rights under second attachment, when lien of first is waived or lost. 3 C. 445; 9 C. 536; 16 C. 545; Id., 573. "Final judgment" defined. 17 C. 72; 1 R. 483; 105 C. 427. Return of execution to clerk of court need not be within four months. 13 C. 11. Gives attachment effect of lien. 85 C. 577. Lien exists from date of service. 74 C. 616. Is a lien as regards effect of foreclosure proceedings. 83 C. 514. Exception in last sentence refers to actual legal stays, not mere possibilities; hence extension of time which might have been given for perfecting appeal not included, if not actually secured; demand necessary to support scire facias, despite fact that garnishee has disposed of property within sixty-day period, and only debts attached can be reached by that process. 97 C. 387. This section does not apply to filing of judgment lien certificate. 103 C. 739. Applies where bond substituted for foreign attachment; necessity for demand within sixty days. 104 C. 281. Demand on garnishee within period must be alleged in action of scire facias; "final judgment" is one upon which execution could be based; effect of appeal from city court of Norwalk as stay of execution. 105 C. 427. Compensation award becomes final judgment only at end of compensation period or when so modified as to fix a definite sum due and presently payable, and sixty-day limitation begins to run from that date. 112 C. 370. Surety on the bond succeeds to and occupies the position of the garnishee and seasonable demand on the surety is a prerequisite to action against him on the bond even if a notice of lien on the property of the surety has been filed under section 49-86. 147 C. 189. Cited. 159 C. 368. Cited. 187 C. 128. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 238 C. 172.

      Execution may issue in all actions in personam whether or not there has been an attachment. 11 CS 263. Cited. 17 CS 475. Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

      Subsec. (a):

      Cited. 238 C. 778.

      Subsec. (b):

      Creditor seeking to assert priority rights pursuant to section and Sec. 52-380a(b) must file a judgment lien within four months of a trial court's final judgment in creditor's favor, regardless of possible pendency of an appeal. 238 C. 172.

      Cited. 39 CA 518.