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See Connecticut Judgment Enforcement Law below.
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.
Judgments and Enforcement:
A judgment entered in the court of the State of Connecticut generally may be enforced within twenty (20) years from the date the judgment was entered and no action based upon such a judgment may be instituted after the expiration of twenty-five years from the date the judgment was entered. (Section 52-598(a).) A judgment obtained through the small claims procedure may be enforced within ten (10) years, and no action based upon a small claims judgment may be instituted after the expiration of fifteen years from the date the judgment was entered. (Section 52-598(b).)
A money judgment may be enforced against all non-exempt property of the judgment debtor as provided by the Connecticut General Statutes or other provisions of the federal law. A judgment creditor may enforce, by execution or by foreclosure of a real property lien, the amount of the money judgment plus all permitted statutory costs and fees, interest, costs incurred in obtaining the judgment, and any attorney’s fees which may be awarded by the court to the prevailing party. (Section 52-350f.) A judgment lien may be placed on any non-exempt real property of the judgment debtor by recording, in the town clerk’s office in the town where the real property located, a judgment lien certificate as provided under Section 52-380a of the Connecticut General Statutes.
When a lien is placed on any property or when any postjudgment paper, other than a wage execution or property execution levied against property of a natural person, is served on a third person, the judgment creditor must send a copy of the lien, or of the papers so served, together with a statement as to where the lien was filed or on whom the papers were served, to the judgment debtor at his last known address by first class mail, postage prepaid. (Section 52-351a.) Except in the case of a consumer judgment, a judgment lien, securing the unpaid amount of any money judgment, including interest and costs, may be placed on any nonexempt personal property in which, by a filing in the office of the Secretary of the State, a security interest could be perfected under the Uniform Commercial Code. (Section 52-355a.) On application of a judgment creditor or his attorney, stating that a judgment remains unsatisfied and the amount due thereon, and subject to the expiration of any stay of enforcement and expiration of any right of appeal, the clerk of the court in which the money judgment was rendered shall issue an execution pursuant to this section against the nonexempt personal property of the judgment debtor other than debts due from a banking institution or earnings. (Section 52-356a.)
In the case of a consumer judgment, the Connecticut court may require that the judgment creditor or debtor applies for an installment payment order and may not permit execution on a judgment debtor’s wages or other non-exempt personal property unless the debtor is in default of the installment payments. (Section 52-356d, 52-356d.) If a judgment debtor fails to comply with an installment payment order, upon application by the judgment creditor, a wage execution may be issued. (Section 52-361a.) The maximum part of the aggregate weekly earnings of an individual which may be subject to levy or other withholding for payment of a judgment is the lesser of (1) twenty-five per cent (25%) of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed forty times the higher of (A) the minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, USC Title 29, Section 206(a)(1), or (B) the full minimum fair wage established by subsection (j) of section 31-58, in effect at the time the earnings are payable. Unless the court provides otherwise pursuant to a motion for modification, the execution and levy is for the maximum earnings subject to levy and shall not be limited by the amount of the installment payment order. (Section 52-361a(f).)
A confession of judgment or power of attorney therefor, contained in any retail installment contract or installment loan contract or contained in a separate agreement relating thereto, is not valid or enforceable under Section 36a-775 of the Connecticut General Statutes.
Under the Uniform Enforcement Of Foreign Judgments Act of the State of Connecticut, a judgment from other states generally is entitled to full faith and credit for the purpose of enforcement. (Section. 52-604) A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, a certified copy of a foreign judgment, a certification that the judgment was not obtained by default in appearance or by confession of judgment, that it is unsatisfied in whole or in part, the amount remaining unpaid and that the enforcement of such judgment has not been stayed, and setting forth the name and last known address of the judgment debtor. Within thirty days after the filing of the judgment and the certificate, the judgment creditor is required to mail a notice of filing of the foreign judgment to the judgment debtor at his last known address. Execution of the foreign judgment generally may not commenced until thirty (30) days after the proof of service is filed with the appropriate Court. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a court of the State of Connecticut, and may be enforced or satisfied in like manner. (Section 52-605.)
Legal rate: 8% per annum on forbearance of property loaned at a fixed valuation, or for money in the absence of any agreement to the contrary. (Section 37-1.)
Contract rate: No greater than 12% per annum on any written agreement. (Section 37-4.)
Judgment rate: 10% per annum may be recovered and allowed in civil actions or arbitration proceedings, including actions to recover money loaned at a greater rate, as damages for the detention of money after it becomes payable. (Section 37-3a.)
In general, a debtor may claim exemption of his homestead and non-exempt personal property from attachment or execution of a judgment, or in a bankruptcy proceeding.
A judgment debtor generally is entitled to a homestead exemption, up to the market value of seventy-five thousand dollars ($75,000.00), of the real property occupied by him and his dependents as a residence, less the amount of any statutory or consensual lien which encumbers it. (Section 352b(t).)
Personal property which may be subject to exemption as provided under Section 52-352b of the General Statutes include necessary apparel, bedding, foodstuffs, household furniture and appliances; tools, books, instruments, farm animals and livestock feed, which are necessary to the debtor in the course of his or her occupation, profession or farming operation; burial plot for the debtor and his or her immediate family; public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program; health and disability insurance payments; health aids necessary to enable the debtor to work or to sustain health; Workers’ compensation, social security, veterans and unemployment benefits; court approved payments for child support; arms and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States; one motor vehicle up to the market value of $1,500.00 less the amount of all liens and security interests which encumber it; wedding and engagement rings; residential utility deposits for one residence, and one residential security deposit; any assets or interests of the debtor in, or payments received by the debtor from, a plan or arrangement described in section 52-321a; alimony and support, other than child support, but only to the extent that wages are exempt from execution under section 52-361a; an award under a crime reparations act; all benefits allowed by any association of persons in this state towards the support of any of its members incapacitated by sickness or infirmity from attending to his usual business; all moneys due the debtor from any insurance company on any insurance policy issued on exempt property, to the same extent that the property was exempt; any interest of the debtor in any property not to exceed in value $1,000.00; any interest of the debtor not to exceed in value $4,000.00 in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the debtor under which the insured is the debtor or an individual of whom the debtor is a dependent.
Statutes of Limitation:
Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered. When a cause of action accrues is a critical issue and may be different on a case by case basis. A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes. Some of the time limitations relevant to credit and collection matters are as follows:
Written contract 6 years Section 52-576
Oral contract 3 years Section 52-581
Sale of goods 4 years Section 42a-2-725
Negotiable Instrument 6 years Section 42a-3-118
Injury to person, personal or real property 2 year