Title 52 — Title 52: Civil Actions

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 Sections 52-301 to 52-303, inclusive, are repealed.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 …

Sec. 52-329. Process of foreign attachment. When the effects of the defendant in any proposed or pending civil action in which a judgment or decree for the payment of money may be rendered are concealed in the hands of his agent or trustee so that they cannot be found or attached…

Sec. 52-330. Citing garnishee to disclose. The plaintiff may insert in the writ a direction to the garnishee, except if he is described as an executor, administrator or trustee in insolvency, in which case he shall not be so cited in, to appear before the court to which the proce…

Sec. 52-331. Disclosure by garnishee to officer. The officer serving process upon any person or corporation named as garnishee shall, at the time of service, make inquiry as to the amount then owed by such garnishee to the defendant in such action; and, if such garnishee thereupo…

Sec. 52-332. Corporation as garnishee; disclosure; nonappearance. If any corporation made a garnishee and cited in to disclose was not indebted to, and had no effects of, the defendant in its possession when the complaint was served upon it, it need not appear before the court to…

Sec. 52-333. Liability of garnishee for not appearing. If any garnishee, cited in to disclose before a court held in a town other than that in which he resides, was not indebted to the defendant and had no effects of the defendant in his possession when the writ was served upon h…

Sec. 52-334. Disclosure by garnishee. The court may examine upon oath any garnishee cited in to disclose as to whether, at the time of the service of the foreign attachment, he had effects of the defendant in his hands or was indebted to him, and may hear any other proper evidenc…

Sec. 52-335. Service of garnishee process on corporation. When any corporation, engaged in transacting business in any other town than that in which its secretary or clerk resides, is named as agent, trustee or debtor of the defendant, in any action commenced by process of foreig…

Sec. 52-336. Service on disbursing agent or paymaster of garnishee. When any corporation having a disbursing agent or paymaster, with an office or place of business in this state, is named as garnishee, service may be made on it by leaving with such agent or paymaster, or at his …

Sec. 52-337. Service on bank or trust company as garnishee. Whenever a bank, savings bank, trust company or industrial bank is named as garnishee, process shall be served by leaving a copy thereof with any officer or teller at the garnishee's principal office during its regular h…

Sec. 52-337a. Garnishment of checking account. Section 52-337a is repealed. (1963, P.A. 580; P.A. 76-401, S. 6, 7.)

Sec. 52-338. Service on nonresident garnishee. When the garnishee does not reside in this state, but is engaged in the transaction of business therein by an agent or agents, process may be served on such garnishee by leaving a true and attested copy thereof with such agent or age…

Sec. 52-339. Service on partnership garnishees. When a partnership, the business of which is transacted by one or more of the partners exclusively, or by an agent or agents, is named as garnishee, service may be made upon such partnership by leaving a true and attested copy of th…

Sec. 52-340. Subrogation of factorizing creditor. In actions by foreign attachment, the plaintiff shall be entitled to all the security which his debtor had for the debt or property attached. (1949 Rev., S. 8085.) Equity will allow the creditor to maintain a bill for a disclosure…

Sec. 52-341. Attachment of debt evidenced by negotiable note. When a debt evidenced by a negotiable promissory note has been attached by process of foreign attachment and the defendant has had actual notice thereof, he shall not negotiate or transfer such note during the continua…

Sec. 52-342. Presentation of debt by attaching creditor to decedent's or insolvent estate. When any debt due or to become due any person from an estate of a deceased person in settlement as a solvent estate is attached, the attaching creditor may, within the time limited for pres…

Sec. 52-343. Death of garnishee pending attachment. If any executor, administrator or trustee, in whose hands any debt, legacy or distributive share has been so attached, dies or is removed pending the proceedings either on the original writ or on the scire facias, upon proper su…

Sec. 52-344. Levy of execution as a discharge of garnishee. The taking of any effects or debt by judgment of law out of the hands of an agent, trustee or debtor of the owner thereof, by process of foreign attachment, shall forever discharge such garnishee. (1949 Rev., S. 8089.) W…

Sec. 52-345. Judgment debt attached. Stay of execution. If any judgment debt is taken by foreign attachment, the issue of the execution on such judgment, or its levy, if already issued, shall be stayed during the continuance of the lien of such attachment; and the time during whi…

Sec. 52-346. Garnishments of mortgages. The plaintiff in any civil action in which garnishee process is served upon any person in any way obligated or liable under any mortgage or lien upon real estate, garnisheeing a debt or any part thereof secured by such mortgage or lien, sha…

Secs. 52-347 to 52-350. Form of execution. Service and return of execution. Interest on judgments collected on executions. Execution upon unsatisfied judgment of justice. Sections 52-347 to 52-350, inclusive, are repealed. (1949 Rev., S. 8092–8095; 1959, P.A. 28, S. 185, 204; 196…

Sec. 52-350a. Definitions. For the purposes of this chapter and section 49-51, unless the context otherwise requires: (1) “Conspicuous” means conspicuous as defined in section 42a-1-201. (2) “Consumer debt or obligation” means a debt or obligation incurred primarily for personal,…

Sec. 52-350b. Applicability. (a) Sections 49-51, 52-350a, 52-350c to 52-350f, inclusive, 52-351a, 52-351b, 52-352a, 52-352b, 52-353, 52-355a, 52-356a to 52-356d, inclusive, 52-361a, 52-361b, 52-380a, 52-380d to 52-380g, inclusive, and 52-400a to 52-400d, inclusive, as amended or …

Sec. 52-350c. Rules of court. Forms. The judges of the Superior Court may adopt any rules they deem necessary to implement the provisions of sections 49-51, 52-350a, 52-350c to 52-350f, inclusive, 52-351a, 52-351b, 52-352a, 52-352b, 52-353, 52-355a, 52-356a to 52-356d, inclusive,…

Sec. 52-350d. Jurisdiction of Superior Court. (a) For the purposes of postjudgment procedures, the Superior Court shall have jurisdiction over all parties of record in an action until satisfaction of the judgment or, if sooner, until the statute limiting execution has run, except…