House Bill No. 6510
House Bill No. 6510
PUBLIC ACT NO. 97-158
AN ACT CONCERNING EXECUTION AGAINST DEBTS DUE FROM
BANKING INSTITUTIONS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 52-367a of the general statutes is
repealed and the following is substituted in lieu
thereof:
As used in this section and section 52-367b,
the term "banking institution" means [a state bank
and trust company, national banking association,
savings bank, industrial bank, credit union,
federal credit union, savings and loan association
and federal savings and loan association] 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. Execution may be granted
pursuant to this section against any debts due
from any banking 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 so notify the
clerk, and the clerk shall issue such execution
containing a direction that the officer serving
the same shall make demand (1) upon the main
office of any banking institution having its main
office within the county of such officer or (2) if
such main office is not within such officer's
county and such banking 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
banking institution in accordance with regulations
adopted by the Commissioner of Banking 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 his actions thereon endorsed,
with the banking institution officer upon whom
such demand is made. If any such banking
institution upon which such execution is served
and upon which such demand is made is indebted to
the judgment debtor, it shall pay to such officer,
in the manner and at the time hereinafter
described, the amount of such indebtedness not
exceeding the amount due on such execution, to be
received and applied on such execution by such
officer. Such banking institution shall act upon
such execution according to section 42a-4-303
before its midnight deadline, as defined in
section 42a-4-104. If such banking institution
fails or refuses to pay over to such officer the
amount of such debt, not exceeding the amount due
on such execution, such banking 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.
Approved June 24, 1997