§ 52-381 — Liability of garnishee; scire facias.

Connecticut § 52-381

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

Text

If judgment is rendered in favor of the plaintiff in any action by foreign attachment, all the effects in the hands of the garnishee at the time of the attachment, or debts then due from him to the defendant, and any debt, legacy or distributive share, due or to become due the defendant from any garnishee as an executor, administrator or trustee, shall be liable for the payment of such judgment. The plaintiff, on praying out an execution, may direct the officer serving the same to make demand of such garnishee for the effects of the defendant in his hands, and for the payment of any debt due the defendant, and such garnishee shall pay such debt or produce such effects, to be taken and applied on such execution. If he has in any manner disposed of the effects of the principal in his hands when the copy of the writ was left with him, or does not expose and subject them to be taken on the execution, or does not pay to the officer when demanded the debt due the defendant at the time the copy of the writ was left with him, such garnishee shall be liable to satisfy such judgment out of his own estate, as his proper debt, if the effects or debt is of sufficient value or amount; if not, then to the value of such effects or to the amount of such debt. A scire facias may be taken out from the clerk of the court where the judgment was rendered, to be served upon such garnishee, requiring him to appear before such court and show cause, if any, to the contrary; and the plaintiff may require the defendant, and the defendant shall have the right, to disclose on oath whether he has any of the effects of the debtor in his hands, or is indebted to him; and the parties may introduce any other proper testimony respecting such facts. If it is found that the defendant has the effects of such debtor in his hands or is indebted to him, or if he makes default of appearance or refuses to disclose on oath, judgment shall be rendered against him, as for his own debt, to be paid out of his own estate with costs; but, if it appears on the trial that the effects are of less value or the debt of less amount than the judgment recovered against the debtor, judgment shall be rendered to the value of the goods or to the amount of the debt; and, if it appears that the defendant has no effects of such debtor in his hands or is not indebted to him, he shall recover costs.

Legislative History

(1949 Rev., S. 8125.) When garnishees are a firm of which only one member resides in this state, demand on execution of him is sufficient; so is service upon him of the scire facias. 32 C. 218. Where a debt is attached, no demand need be made on the debtor, before demand of garnishee. 20 C. 415. Payment on execution forever discharges garnishee; and this although indemnity be taken from creditor and payment made to him. 28 C. 251. Scire facias not barred nor parties concluded by finding of no indebtedness in the original action. 12 C. 392; 26 C. 605. Such scire facias is a mere continuation of the original action. 25 C. 438; 31 C. 349; 32 C. 157. Garnishees not jointly indebted cannot be joined as defendants. 1 R. 474. Form of declaration. 20 C. 393; 35 C. 2. Scire facias may be brought before return of execution. 21 C. 423. No defense that debtor had no notice of original suit. K. 157; 30 C. 197. But, if original attachment was defective, it is a defense under the general issue. 40 C. 401. Garnishee not liable for interest, unless he has made interest. 35 C. 98; 40 C. 467. Garnishee may rely upon the invalidity of the attachment. 49 C. 248. When right of action for failure of officer to make demand of garnishee accrues. 50 C. 526. Remote and uncertain interest cannot be taken on execution. 71 C. 156. Statutory steps must be followed; must be signed by clerk of, and returned to, court where judgment was rendered. 74 C. 89. In scire facias, merits of plaintiff's claim not open to question. 77 C. 630. Taxation of costs to garnishee is discretionary. 67 C. 257; 81 C. 622. Where process is served on executor before probate of will to secure legacy, scire facias cannot issue till legacy due. 67 C. 81. Scire facias will not lie unless demand on execution is made within 60 days, even though garnishee within that time disposed of the goods; nor will it lie for a debt not garnished. 97 C. 387. So, where bond is given to release foreign attachment, demand must be made within 60 days. 104 C. 281. What is final judgment. 105 C. 427. Cited. 115 C. 198; 122 C. 171; 145 C. 74. Issue before court is whether garnishee at time of process of foreign attachment was indebted to defendant in the original action in light of prior liens on property. 146 C. 37. Cited. 153 C. 588; 159 C. 368; 181 C. 125; 182 C. 329; 205 C. 604. Cited. 14 CA 579. Cited. 10 CS 345; 37 CS 877. Cited. 6 Conn. Cir. Ct. 287.