Notwithstanding any provision of the general statutes to the contrary, no prejudgment remedy shall be available to a person in any action at law or equity (1) unless he has complied with the provisions of sections 52-278a to 52-278g, inclusive, except an action upon a commercial transaction wherein the defendant has executed a waiver as provided in section 52-278f, or (2) for the garnishment of earnings as defined in subdivision (5) of section 52-350a.
(P.A. 73-431, S. 2, 8; P.A. 90-149, S. 2.)
History: P.A. 90-149 added Subdiv. (2) prohibiting the garnishment of earnings as a prejudgment remedy.
Cited. 176 C. 432; 181 C. 524; 184 C. 85; 188 C. 69; 208 C. 13; 222 C. 361; Id., 541; 232 C. 216.
Cited. 1 CA 188; 4 CA 510; 14 CA 579; 28 CA 809; 32 CA 118; 33 CA 223; 34 CA 801; 46 CA 399.
Cited. 38 CS 98. Subdiv. (2): Since commissions a real estate salesperson receive are debts accruing by reason of personal service, they are “earnings” under Sec. 52-350a(5) and are exempt from garnishment in a prejudgment remedy application. 50 CS 460.
Structure Connecticut General Statutes
Chapter 903a - Prejudgment Remedies
Section 52-278a. - Definitions.
Section 52-278b. - Availability of prejudgment remedy.
Section 52-278g. - Motion to preserve existing prejudgment remedies.
Section 52-278h. - Application for prejudgment remedy filed by the plaintiff.
Section 52-278i. (Formerly Sec. 52-282). - Order for prejudgment remedy on set-off or counterclaim.
Section 52-278j. - Dismissal or withdrawal of prejudgment remedy.
Section 52-278k. - Modification of prejudgment remedy.
Section 52-278m. - When personal service not required.
Section 52-278n. - Motion to disclose property. Order for disclosure. Substitution of surety.