§ 52-605 — Filing of foreign judgment; certification; effect; notice.

Connecticut § 52-605

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 928: Uniform Enforcement of Foreign Judgments

Text

(a) A judgment creditor shall file, with a certified copy of a foreign judgment, in the court in which enforcement of such judgment is sought, 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. (b) Such foreign judgment shall be treated in the same manner as a judgment of a court of this state. 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 this state and may be enforced or satisfied in like manner. (c) Within thirty days after the filing of the judgment and the certificate, the judgment creditor shall mail notice of filing of the foreign judgment by registered or certified mail, return receipt requested, to the judgment debtor at such judgment debtor's last-known address. The proceeds of an execution shall not be distributed to the judgment creditor earlier than thirty days after filing of proof of service with the clerk of the court in which enforcement of such judgment is sought.

Legislative History

(P.A. 73-498, S. 2, 3; P.A. 00-191, S. 9; P.A. 01-195, S. 67, 181.) History: P.A. 00-191 amended Subsec. (c) by requiring mailing of notice of foreign judgment by registered or certified mail, return receipt requested, and prohibiting distribution of proceeds until proof of service is filed with clerk of court in which enforcement of judgment is sought; P.A. 01-195 made a technical change in Subsec. (c) for purposes of gender neutrality, effective July 11, 2001. Cited. 192 C. 10; 225 C. 102. Cited. 14 CA 157; Id., 384. Modification of a domesticated foreign judgment does not automatically require refiling in the domestication state. 86 CA 617. Judgment is a valid final judgment, the enforcement of which has not been barred and which implicates neither personal nor subject matter jurisdiction. 87 CA 337. Cited. 38 CS 468. Subsec. (b): Where enforcement in this state of an out-of-state judgment is challenged under the provision of Uniform Enforcement of Foreign Judgments Act that purports to subject the foreign judgment to same defenses as may be raised against an in-state judgment, only those defenses that claim absence of personal or subject matter jurisdiction in the issuing court, which are permissible under full faith and credit clause of federal constitution, may be raised. 76 CA 814. Interpreting provision to allow judgment debtor to raise substantive defenses to continuing validity of a domesticated foreign judgment would put statute into conflict with full faith and credit clause of the U.S. Constitution. 86 CA 617. Because trial court ordered that interest be paid on domesticated judgment, the interest order was postjudgment. 87 CA 337.