Senate Bill No. 1078
Senate Bill No. 1078
PUBLIC ACT NO. 97-86
AN ACT CONCERNING POSTJUDGMENT PROCEDURES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (c) of section 52-351b
of the general statutes is repealed and the
following is substituted in lieu thereof:
(c) On failure of a person served with
interrogatories to RETURN, within the thirty days,
[return] 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. [and
(2) an order for production or for examination of
the judgment debtor or third person, provided any
such examination shall be conducted before the
court.] 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.
Sec. 2. Subsection (a) of section 52-356b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) If [an execution is issued] 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.
Approved May 29, 1997