Connecticut Statutes

§ 52-367b — Execution against debts due from financial institution. Individual as judgment debtor.

Connecticut § 52-367b
JurisdictionConnecticut
Title 52Civil Actions
Ch. 906Postjudgment Procedures

This text of Connecticut § 52-367b (Execution against debts due from financial institution. Individual as judgment debtor.) is published on Counsel Stack Legal Research, covering Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conn. Gen. Stat. § 52-367b (2026).

Text

(a)Exempt debts. Execution may be granted pursuant to this section against any debts due from any financial institution to a judgment debtor who is an individual, except to the extent such debts are protected from execution by sections 52-352a, 52-352b, 52-352c of the general statutes, revision of 1958, revised to 1983, 52-354 of the general statutes, revision of 1958, revised to 1983, 52-361 of the general statutes, revision of 1958, revised to 1983 and section 52-361a, as well as by any other laws or regulations of this state or of the United States which exempt such debts from execution.
(b)Issuance and service of execution.
(1)If execution is desired against any such debt, the plaintiff requesting the execution shall make application to the clerk of the court. The application shall

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Related

Shrestha v. State Credit Adjustment Bureau, Inc.
117 F. Supp. 2d 142 (D. Connecticut, 2000)
6 case citations
Cadle Co. v. Fletcher
804 F.3d 198 (Second Circuit, 2015)
4 case citations
Dina v. Cuda & Associates
950 F. Supp. 2d 396 (D. Connecticut, 2013)
3 case citations
Lind v. O'Connell (In Re Lind)
223 B.R. 64 (D. Connecticut, 1998)
2 case citations
Gianotti v. Barucci, No. 181644 (Oct. 24, 1990)
1990 Conn. Super. Ct. 2774 (Connecticut Superior Court, 1990)
Zeppieri v. New Haven Provision Co.
163 F. Supp. 2d 126 (D. Connecticut, 2001)

Legislative History

(P.A. 81-352, S. 2; P.A. 83-384, S. 2; P.A. 84-546, S. 118, 173; P.A. 85-140, S. 5; P.A. 87-9, S. 2, 3; P.A. 87-569, S. 2; P.A. 94-141; P.A. 95-356, S. 2; P.A. 96-268, S. 12, 34; P.A. 01-196, S. 1, 2; June Sp. Sess. P.A. 01-9, S. 12, 131; P.A. 02-93, S. 1; P.A. 03-2, S. 49; 03-62, S. 23; 03-84, S. 41; 03-224, S. 13; P.A. 04-257, S. 81; P.A. 06-149, S. 26; P.A. 07-111, S. 4; June Sp. Sess. P.A. 09-3, S. 139; P.A. 12-89, S. 7, 14; P.A. 14-7, S. 17, 18; 14-9, S. 1; 14-122, S. 188; 14-217, S. 260; P.A. 16-26, S. 8; P.A. 19-41, S. 2; P.A. 21-104, S. 47; 21-131, S. 1; 21-161, S. 5; P.A. 22-26, S. 23; P.A. 23-23, S. 1.) History: P.A. 83-384 amended Subsec. (b) to provide that service of an execution may be made upon an employee of a branch office when the main office of the banking institution is not within the serving officer's precincts; P.A. 84-546 made technical changes in Subsec. (a); P.A. 85-140 amended Subsec. (k) by replacing “pursuant to section 51-14” after “judges of the superior court” with “or their designee”; (Revisor's note: Pursuant to P.A. 87-9 “banking commissioner” was changed editorially by the Revisors to “commissioner of banking”); P.A. 87-569 substituted “county” for “precincts”; P.A. 94-141 amended Subsec. (f) to provide that the notice shall state that the disputed assets are being held for 45 days, rather than 20 days, and that the assets are being held for said 45 days “or until a court order is entered regarding the disposition of the funds, whichever occurs earlier,” amended Subsec. (g) to increase from 20 to 45 days the time period that the banking institution shall hold the funds, and amended Subsec. (i) to require the clerk of the court to forthwith send a copy of the order to the banking institution; P.A. 95-356 added Subsec. (r) exempting funds in account established for the express purpose of receiving electronic direct deposits of public assistance payments for the Department of Social Services; P.A. 96-268 amended Subsec. (b) to require that request for execution in a IV-D case be accompanied by an affidavit signed by the levying officer attesting to an overdue support amount of $500 or more, effective July 1, 1996; P.A. 01-196 amended Subsec. (b) by making technical changes, amended Subsec. (c) to add provisions re treatment of electronic direct deposits of exempt funds, amended Subsec. (d) to add reference to removal of funds pursuant to Subsec. (c) and make a technical change, amended Subsec. (f) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re nonexempt funds affidavit and hearing, amended Subsec. (h) to make a technical change, amended Subsec. (n) to add provisions re exclusion of funds accessed pursuant to Subsec. (c) and re waiver of charges and fees assessed as a result of payment of exempt moneys, and amended Subsec. (o) to add provision re commission of bona fide error, effective January 1, 2002; June Sp. Sess. P.A. 01-9 amended Subsec. (b) to add provisions re levying officer making additional demands and make technical changes, effective July 1, 2001; P.A. 02-93 amended Subsec. (c) by adding provision re child support payments processed and received pursuant to Title IV-D and by changing amount to be left in judgment debtor's account from $800 to $1,000, amended Subsec. (n) by changing amount of excluded funds from $800 to $1,000 and made technical changes throughout section, effective January 1, 2003; P.A. 03-2 amended Subsec. (b) to require a plaintiff requesting execution to “make application to” rather than “notify” the clerk of the court and add provision requiring the application be accompanied by a fee of $35 payable to the clerk of the court for administrative costs of compliance and authorizing the recovery of such fee by the judgment creditor as a taxable cost of the action, effective February 28, 2003; P.A. 03-62 amended Subsec. (d) to require the banking institution to mail copies of the execution and exemption claim form “to any secured party that is party to a control agreement between the banking institution and such secured party under article 9 of title 42a” and add references to “any such secured party”, amended Subsec. (e) to add provision requiring any such secured party to give notice of its claim of a prior perfected security interest in deposit account by delivering written notice to the banking institution and add reference to “a secured party claim notice”, amended Subsec. (f)(1) to add reference to the appearance of “such secured party” and add references to “a secured party claim notice”, amended Subsec. (f)(2) to require the judgment creditor to send a copy of the application and affidavit “to any secured party shown on a secured party claim notice sent to the judgment creditor pursuant to subdivision (1) of this subsection” and require the court clerk to give written notice to “any secured party shown on a secured party claim notice received by the clerk of the court”, amended Subsec. (g) to make provisions applicable if “a secured party claim notice is given” and add reference to “a secured party claim notice”, amended Subsec. (h) to add reference to “secured party claim notice” and “any secured party”, amended Subsec. (i) to add reference to the “claim by a secured party of a prior perfected security interest in such deposit account” and amended Subsec. (p) to add reference to “any such secured party”; P.A. 03-84 changed “Commissioner of Banking” to “Banking Commissioner” in Subsec. (b), effective June 3, 2003; P.A. 03-224 replaced references to “banking institution” with references to “financial institution” and made a technical change, effective July 2, 2003; P.A. 04-257 made a technical change in Subsecs. (d) and (e), effective June 14, 2004; P.A. 06-149 amended Subsec. (r) to reference deposits of Title IV-D child support payments, effective June 6, 2006; P.A. 07-111 amended Subsec. (b) to delete provision authorizing serving officer to make additional demands upon main office of other financial institutions or employees of other branch offices if officer has made initial demand within 7-day period, and to provide that serving officer shall not serve more than one financial institution execution per judgment debtor at a time, and that after service of execution on one financial institution, serving officer shall not serve the same execution or copy thereof upon another financial institution until receiving confirmation from preceding financial institution that judgment debtor had insufficient funds at preceding financial institution available for collection to satisfy execution; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase application fee from $35 to $75, effective September 9, 2009; P.A. 12-89 amended Subsec. (b) to increase application fee from $75 to $100, effective July 1, 2012, and decrease such fee from $100 to $75, effective July 1, 2015; P.A. 14-7 amended Subsec. (b) to add provision prohibiting serving officer from subsequently serving execution on a financial institution if, after serving the same execution on the financial institution, an electronic deposit was made from a readily identifiable source, amended Subsec. (c) to add provisions re exempt benefits paid by the federal Railroad Retirement Board or Office of Personnel Management and certain unemployment compensation benefits, replace “thirty-day period” with “look-back period of either the sixty-day period” and add “full and customary” re access to funds left in judgment debtor's account, amended Subsec. (d) to add provision re financial institution to mail notice to judgment debtor as required by 31 CFR 212.6 and 212.7, and made conforming changes in Subsecs. (d) and (j); P.A. 14-9 amended Subsec. (c) to designate existing provisions re readily identifiable electronic direct deposits as Subdiv. (1) and add Subdiv. (2) re wages; P.A. 14-122 made a technical change in Subsec. (r); P.A. 14-217 repealed P.A. 12-89, S. 14; P.A. 16-26 amended Subsec. (b) to increase application fee from $100 to $105, effective July 1, 2016; P.A. 19-41 amended Subsec. (b) by adding Subdiv. (3) re making demand by certified mail, return receipt requested, on financial institution which does not have any main office or branch office in this state, replacing “financial institution officer” with “financial institution” and making a technical change; P.A. 21-104 amended Subsec. (f) to replace provision re automatically schedule matter for short calendar hearing with provision re promptly schedule matter for hearing, effective June 28, 2021; P.A. 21-131 amended Subsec. (b) to replace “from a readily identifiable source described in subsection (c) of this section” with “that is readily identifiable as exempt from execution”, amended Subsec. (c) to designate existing provision re financial institution to remove certain amount from judgment debtor's account as new Subdiv. (1) and amend same by replacing “If” with “Except as provided in subdivision (2) of this subsection, if”, designate existing provision re financial institution to leave certain amounts in judgment debtor's account as new Subdiv. (2) and substantially revise same, and designate existing provision re construction of subsection as Subdiv. (3), and made technical and conforming changes; P.A. 21-161 amended Subsec. (r) to redefine “exempt”; P.A. 22-26 amended Subsec. (c)(2) to replace Subsec. (r) of Sec. 52-352b with Subdiv. (18) of Sec. 52-352b; P.A. 23-23 amended Subsec. (a) by replacing “a natural person” with “an individual”, amended Subsec. (b) by redesignating existing provisions as Subdiv. (1), redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C), adding provision in Subdiv. (1) re serving officer's ability to recover actual postage costs of certified mail and adding new Subdiv. (2) re procedures to be followed by financial institution following service of an execution upon such institution, amended Subsec. (d) by redesignating existing provision as Subdiv. (1), redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B), adding provision in Subdiv. (1) re financial institution's ability to note on records available to judgment debtor that funds have been removed from account and adding new Subdiv. (2) re process for financial institution to respond to questions from judgment debtor concerning the execution, amended Subsec. (e) by adding provision re financial institution's responsibilities upon receipt of judgment debtor's claim of exemption, amended Subsec. (h) re costs owing to serving officer being subtracted from amount owed to judgment creditor, and amended Subsec. (m) by adding Subdiv. (1) re fee deducted by financial institution from amount paid to serving officer, designating as Subdiv. (2) provision re such fee is recoverable by judgment creditor and providing that such fee shall not be a deposit account charge pursuant to Sec. 36a-316. Cited. 240 C. 343; Id., 623. Postjudgment execution statutes do not provide specific exemption from further execution of a judgment debtor's residual, postgarnishment wages held in third party's bank account, and this section does not extend Sec. 52-361a execution exemption to wages disbursed to the debtor. 324 C. 228. Trial court improperly created an exemption not provided by statute. 49 CA 503. Hearing during which each party was given an opportunity to argue their position was sufficient to satisfy statutory requirements. 226 CA 211. Subsec. (i): Court required to enter order determining issues raised by exemption claim. 22 CA 260.

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Connecticut § 52-367b, Counsel Stack Legal Research, https://law.counselstack.com/statute/ct/52-367b.