§ 52-350a — Definitions.

Connecticut § 52-350a

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 906: Postjudgment Procedures

Text

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, family or household purposes. (3) “Consumer judgment” means a money judgment of less than five thousand dollars against a natural person resulting from any consumer debt or obligation. (4) “Disposable earnings” means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required to be withheld for payment of federal income and employment taxes, normal retirement contributions, union dues and initiation fees, group life insurance premiums, health insurance premiums, and federal tax levies. (5) “Earnings” means any debt accruing by reason of personal services, including any compensation payable by an employer to an employee for such personal services, whether denominated as wages, salary, commission, bonus or otherwise. (6) “Employer” means any person owing a debt accruing to the judgment debtor by reason of personal services. (7) “Family support judgment” means a judgment, order or decree of the Superior Court or a family support magistrate for payment of a legal obligation for support or alimony to a spouse, former spouse or child and includes any such order for periodic payments whether issued pendente lite or otherwise. (8) “Financial institution” means a financial institution as defined in section 36a-41 . (9) “Installment payment order” means the fixing by the court of a sum to be paid periodically by the judgment debtor until satisfaction of a money judgment. (10) “Judgment creditor” means a person in whose favor a money judgment was rendered, or any person succeeding to such rights. (11) “Judgment debtor” means a person against whom a money judgment was rendered. (12) “Levying officer” means a state marshal or constable acting within such marshal's or constable's geographical jurisdiction or in IV-D cases, any investigator employed by the Commissioner of Social Services. (13) “Money judgment” means a judgment, order or decree of the court calling in whole or in part for the payment of a sum of money, other than a family support judgment. Money judgment includes any such money judgment of a small claims session of the Superior Court, any foreign money judgment filed with the Superior Court pursuant to the general statutes and in IV-D cases, overdue support in the amount of five hundred dollars or more accruing after the entry of an initial family support judgment. (14) “Person” includes an individual, a partnership, an association, a limited liability company or a corporation. (15) “Postjudgment procedure” means any procedure commenced after rendition of a money judgment, seeking or otherwise involving a discovery procedure, a placing of a lien on property, a modification or discharge of a lien, a property execution under section 52-356a , a turnover order, an installment payment order, a wage execution, a modification of a wage execution, a compliance order, a protective order or a determination of exemption rights. (16) “Property” means any real or personal property in which the judgment debtor has an interest which he could assign or transfer, including (A) any present or future right or interest, whether or not vested or liquidated, (B) any debt, whether due or to become due, and (C) any cause of action which could be assigned or transferred.

Legislative History

(P.A. 83-581, S. 1, 40; P.A. 84-527, S. 1; P.A. 95-79, S. 175, 189; P.A. 96-268, S. 11, 34; P.A. 00-99, S. 114, 154; P.A. 01-195, S. 62, 181; P.A. 03-107, S. 8.) History: P.A. 84-527 amended the definition of “postjudgment procedure” to add “a modification of a wage execution” and to replace “protection” with “protective” order; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 96-268 redefined “family support judgment” to add “family support magistrate”, redefined “levying offices” to add “in IV-D cases, any investigator employed by the Commissioner of Social Services” and redefined “money judgment” to add overdue support in the amount of $500 or more in IV-D cases, effective July 1, 1996; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subdiv. (12), effective December 1, 2000; P.A. 01-195 made a technical change in Subdiv. (12) for purposes of gender neutrality, effective July 11, 2001; P.A. 03-107 made a technical change in Subdiv. (4), effective June 18, 2003. Cited. 211 C. 485; 240 C. 35; Id., 343. Cited. 15 CA 718; 33 CA 359. A judgment of foreclosure by sale is not a money judgment and the proceedings following a judgment of foreclosure by sale are not postjudgment proceedings for the purposes of section. 108 CA 134. Although facial inconsistencies exist between this section and Secs. 46b-84(a) and 52-350f, P.A. 03-130 was intended to enable a party to address the default of a final order for child support or alimony through use of the postjudgment procedures in Ch. 906. 146 CA 79. Subdiv. (5): Definition of term “earnings” discussed. 232 C. 216. Although second phrase of definition does not apply to defendant because she is an independent contractor and not an employee, the commissions defendant receive as real estate salesperson are earnings because they are debts accruing by reason of her personal service. 50 CS 460. Subdiv. (13): Marital dissolution judgment regarding child's educational expenses did not order payment of a sum certain and cannot be characterized as a money judgment. 99 CA 347.