Title 52, Title 52: Civil Actions

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 af…

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 wi…

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…

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.,…

Sec. 52-287. Attachment of fixtures of telephone or electric distribution company or association. The fixtures of every telephone or electric distribution company, or association engaged in distributing electricity by wires or similar conductors, including its wires, posts, cross…

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 Section 52-288 is repealed.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 …

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 Sections 52-290 and 52-291 are repealed.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 individua…

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 su…

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 …

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 o…

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…

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 c…

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, …

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…

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…

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.…

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 dissol…

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 .... …

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; …

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 t…

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 ..…

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…

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 o…

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 o…

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. Rig…

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 th…

Sec. 52-321a. Trust or retirement income and certain retirement, education and medical savings accounts and group annuity contracts unavailable to creditors. Exceptions for qualified domestic relations order, recovery of costs of incarceration and recovery of damages by victim of…

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 p…

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 be…

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…

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 …

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 a…

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 …

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…

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 expiratio…

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 Re…

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 …

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 …