Title 52, Title 52: Civil Actions

Sec. 52-278d. Hearing on prejudgment remedy application. Determination by the court. Service of process. Stay of order. Posting of bond by plaintiff. (a) The defendant shall have the right to appear and be heard at the hearing. The hearing shall be limited to a determination of (…

Sec. 52-278e. Allowance of prejudgment remedy without hearing. Notice to defendant. Claim form. Subsequent hearing and order. Attachment of real property of municipal officers. (a) The court or a judge of the court may allow the prejudgment remedy to be issued by an attorney with…

Sec. 52-278f. Issuance of prejudgment remedy when defendant in commercial transaction has waived notice and hearing. In an action upon a commercial transaction, as defined in section 52-278a, wherein the defendant has waived his right to a notice and hearing under sections 52-278…

Sec. 52-278g. Motion to preserve existing prejudgment remedies. A plaintiff who has secured a prejudgment remedy prior to May 30, 1973, may make a motion to the court in which such action is pending for a hearing as set forth in section 52-278d with notice thereof to the defendan…

Sec. 52-278h. Application for prejudgment remedy filed by the plaintiff. The provisions of this chapter shall apply to any application for prejudgment remedy filed by the plaintiff at any time after the institution of the action, and the forms and procedures provided therein shal…

Sec. 52-278i. (Formerly Sec. 52-282). Order for prejudgment remedy on set-off or counterclaim. Any defendant in any civil action, upon filing a set-off or counterclaim containing a claim for money damages, may, at any time during the pendency of such action, apply in writing to t…

Sec. 52-278j. Dismissal or withdrawal of prejudgment remedy. (a) If an application for a prejudgment remedy is granted but the plaintiff, within thirty days thereof, does not serve and return to court the writ, summons and complaint for which the prejudgment remedy was allowed, t…

Sec. 52-278k. Modification of prejudgment remedy. The court may, upon any application for prejudgment remedy under section 52-278c, 52-278e, 52-278h or 52-278i, modify the prejudgment remedy requested as may be warranted by the circumstances. The court may, upon motion and after …

Sec. 52-278l. Appeal. (a) An order (1) granting or denying a prejudgment remedy following a hearing under section 52-278d or (2) granting or denying a motion to dissolve or modify a prejudgment remedy under section 52-278e or (3) granting or denying a motion to preserve an existi…

Sec. 52-278m. When personal service not required. Whenever a prejudgment remedy is sought under the provisions of sections 52-278h or 52-278i against a party who has previously filed a general appearance in such action, personal service of any application or order upon such party…

Sec. 52-278n. Motion to disclose property. Order for disclosure. Substitution of surety. (a) The court may, on motion of a party, order an appearing defendant to disclose property in which he has an interest or debts owing to him sufficient to satisfy a prejudgment remedy. The ex…

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 orde…

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 t…

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. 52-283. 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 bu…

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.)