52-353
This article points out a few Connecticut judgment-related statues
, that are part of the Connecticut Annotated General Statutes and Code Series, occasionally abbreviated as ANN. My articles are my opinions and are not, legal advice. I am a judgment referral expert, and not a lawyer. If you ever want a strategy to use or legal advice, please contact an attorney. Laws change over time, so please confirm any statutes mentioned in this or any of my articles.
37-3A (General Statues) - Rates recoverable as damages. Use the web to search for "Connecticut 37-3A interest" to see the complete text of this statute, or any Connecticut (CT) statutes mentioned in this article. This statute details that Connecticut judgments earn an interest rate of ten percent each year. Although not defined in this law, I'm fairly sure the interest rates for judgments in CT is simple and non-compounded. When judgments get domesticated into CT, the original state's judgment interest rate applies.
52-350E (Chapter 906) - Service of process. Search on the web for "52-350E (Chapter 906)" to see the full text of this statute. This law specifies the way post-judgment procedure paperwork must be served by authorized people, onto parties with return receipt requested certified mail, to a last known address; or served with proper personal service. This law doesn't apply when servicing contempt-related proceedings.
52-350F (Chapter 906) - Enforcement of money judgments. Costs, fees and interest. Search on the web for "52-350F (Chapter 906)" to see the full text of this law. This law specifies that all of a judgment debtor's non-exempt property can be recovered, by execution or with foreclosure of a real property lien, for the total sum owed on the judgment, including interest and allowable costs.
52-351A (Chapter 906) - Notice of enforcement action to be given to judgment debtors. Search on the web for "52-351A (Chapter 906)" to see the full text of this statute. This statute seems to apply to debtor notices on bank garnishments only, as it specifies "other than a wage execution or property execution". For bank levies, it states that when a 3rd party garnishee gets served, a copy of the papers served must be also served on the debtor at their last-known address by first class mail.
52-351B (Chapter 906) - Discovery for judgment creditors. Search on the web for "52-351B (Chapter 906)" to see the complete text of this law. This law specifies how judgment creditors can do post-judgment discovery. Connecticut post judgment discovery must begin with interrogatories served on the judgment debtor, which needs to be returned to the judgment creditor within thirty days. When the interrogatories aren't completed and returned, the judgment owner can then ask the court for supplemental discovery orders, with contempt orders possible for those that don't comply with court orders.
52-353 (Chapter 906) - Execution on wages after judgment. Search on the web for "52-353 (Chapter 906)" to see the complete text of this statute. This statute specifies that debtors get an opportunity to successfully pay their judgment using an installment plan first. When they do not pay, the judgment owner may purchase a writ of execution for $75 from the court, and that expense gets added to the judgment debt. The court then creates a wage execution garnishment, and gives it to the garnishment officer, who then serves it on the debtor's employer. Notice of all paperwork then is served on the debtor.
Connecticut execution writs need to be used before one year or they will expire and need to be returned if the judgment gets satisfied. Wage levies are limited to 25%, and may be thwarted with judgment debtor exemption statutes or pre-existing wage levies. Certain other types of liens, and child support, and certain other kinds of liens, and even union dues; can push aside and outrank typical civil judgment garnishments. Employers cannot punish or fire levied employees, and not even VIPs can avoid judgment creditor wage levies.
52-361A (Chapter 906) - Notification of judgment debtor rights. Claim for exemption or modification. Search on the web for "52-361A (Chapter 906)" to see the complete text of this law. This statute specifies how notices are sent to all parties in post-judgment proceedings. Every garnishment action requires a notice of it to be served on the debtor, with the pertinent info, potential exemptions, the way to pay with installments to halt the levy, and a reminder that the debtor might be able to vacate the judgment. This law restricts wage levies to twenty five percent of the employee's weekly available earnings. This statute also specifies the use of interrogatories, and the way hearings for other claims and exemptions get scheduled and handled.
52-361B (Chapter 906) - Notification of judgment debtor rights. Claim for exemption or modification. Search on the web for "52-361B (Chapter 906)" to see the complete text of this law. This law is very similar to 52-361A above.
52-367B (Chapter 906) - Execution against debtors and financial institutions. Debtors needs to be a natural person. Use the web to search for "52-367B (Chapter 906)" to see the complete text of this law. This statute specifies how garnishments are executed on judgment debtor's bank accounts. The court charges judgment owners $75 for a execution writ. The statute describes in a complex way, the requirements for all parties, particularly banks, needs to follow; and the way notices needs to be served on the debtor. Also detailed, is how that subpoenaed bank records can be ordered and paid for by the judgment creditor.
When you need to find a judgment collection lawyer in Connecticut, contact a judgment broker, or visit the Connecticut Bar Association web site at: www.ctbar.org
by: Mark Shapiro
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