(a) If a judgment is unsatisfied, the judgment creditor may apply to the court for an execution and an order in aid of the execution directing the judgment debtor, or any third person, to transfer to the levying officer either or both of the following: (1) Possession of specified personal property that is sought to be levied on; or (2) possession of documentary evidence of title to property of, or a debt owed to, the judgment debtor that is sought to be levied on.
(b) The court may issue a turnover order pursuant to this section, after notice and hearing or as provided in subsection (c) of this section, on a showing of need for the order. If the order is to be directed against a third person, such person shall be notified of his right pursuant to section 52-356c to a determination of any interest claimed in the property.
(c) The court may issue a turnover order against a judgment debtor, without notice or hearing, upon affidavit by the judgment creditor or another competent affiant stating facts from which the court concludes that there is a reasonable likelihood that the judgment debtor is about to remove the property from the state or is about to fraudulently dispose of the property with intent to hinder, delay or defraud his creditors. The court shall expeditiously hear and determine any motion by the judgment debtor to dissolve such an ex parte order.
(d) Unless directed to a person who is before the court, any turnover order shall be personally served and shall contain a notice that failure to comply therewith may subject the person served to being held in contempt of court.
(P.A. 83-581, S. 10, 40; P.A. 84-527, S. 7; P.A. 97-86, S. 2; P.A. 05-288, S. 178.)
History: P.A. 84-527 amended Subsec. (b) to provide for the issuance of a turnover order “after notice and hearing or as provided in Subsec. (c)” and to require a third person against whom an order is to be directed to be notified of his right to a determination of any interest claimed in the property, added a new Subsec. (c) to authorize the court to issue an ex parte turnover order, and redesignated former Subsec. (c) as Subsec. (d) and provided that a turnover order need not be personally served if directed to a person before the court; P.A. 97-86 amended Subsec. (a) to replace “If an execution is issued, the judgment creditor may apply to the court for an order in aid of the execution” with “If a judgment is unsatisfied, the judgment creditor may apply to the court for an execution and an order in aid of the execution”; P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005.
Cited. 217 C. 507; 240 C. 343.
Cited. 38 CA 44.
Structure Connecticut General Statutes
Chapter 906 - Postjudgment Procedures
Section 52-350a. - Definitions.
Section 52-350b. - Applicability.
Section 52-350c. - Rules of court. Forms.
Section 52-350d. - Jurisdiction of Superior Court.
Section 52-350e. - Service of process.
Section 52-350f. - Enforcement of money judgment. Costs, fees and interest.
Section 52-351. - New judgment to include unsatisfied costs of execution.
Section 52-351a. - Notice of enforcement action to be given judgment debtor.
Section 52-351b. - Discovery by judgment creditor.
Section 52-352. - Property exempt from attachment and execution.
Section 52-352a. - Definitions for exempt property provisions.
Section 52-352b. - Exempt property.
Section 52-352c. - Additional exempt property.
Section 52-352d. - Exempt property of farm partnership.
Section 52-353. - Levy on and sale of personal property exempt to a certain amount.
Section 52-355a. - Judgment lien on personal property.
Section 52-356. - Levy on personal estate.
Section 52-356a. - Execution against certain nonexempt personal property. Fees.
Section 52-356b. - Court order for transfer of specified property or evidence.
Section 52-356c. - Determination of interests in disputed property.
Section 52-356d. - Installment payment order.
Section 52-361a. - Execution on wages after judgment.
Section 52-361b. - Notification of judgment debtor's rights. Claim for exemption or modification.
Section 52-362. - Income withholding and unemployment compensation for support.
Section 52-362a. - Welfare support executions.
Section 52-362c. - Voluntary wage deduction authorization for support.
Section 52-362f. - Enforcement of child support orders by income withholding.
Section 52-362j. - “Past-due support”, “overdue support”, defined.
Section 52-363. - Levy on machinery, implements and crops. Removal.
Section 52-364. - Levy against partnership.
Section 52-365. - Demand on execution against voluntary association.
Section 52-367c. - Execution against lottery and pari-mutuel winnings.
Section 52-380a. - Judgment lien on real property.
Section 52-380c. (Formerly Sec. 49-40b). - Judgment liens expired by limitation of time.
Section 52-380e. - Discharge of judgment lien on substitution of bond or lien on other property.
Section 52-380g. - Release of judgment lien on satisfaction of judgment.
Section 52-380h. (Formerly Sec. 49-47). - Form of judgment lien foreclosure certificates.
Section 52-380i. (Formerly Sec. 49-48). - Foreclosure of lien when plaintiff holds mortgage.
Section 52-381. - Liability of garnishee; scire facias.
Section 52-382. - Levy on nonresident garnishee.
Section 52-383. - Levy when garnishee has left the state.
Section 52-384. - Scire facias against garnishee who has left state.
Section 52-385. - Scire facias founded on justice judgment.
Section 52-386. - Stay of execution when debt is not payable.
Section 52-387. - Scire facias; defense by assignee or claimant.
Section 52-388. - Commission to take disclosure of garnishee.
Section 52-389. - Attachment lien on debt due from solvent estate.
Section 52-390. - Execution; demand for legacy or distributive share.
Section 52-391. - Execution; demand for debt due from insolvent estate.
Section 52-392. - Execution; payment by executor, administrator or trustee.
Section 52-393. - Scire facias against executor, administrator or trustee.
Section 52-397. - Examination of judgment debtor.
Section 52-398. - Scope of inquiry; debtor not excused from answering.
Section 52-399. - Commitment of debtor for contempt.
Section 52-400. - Costs of examination.
Section 52-400a. - Protective order by court. Execution against specified property.
Section 52-400b. - Penalty for failure to comply with certain court orders.
Section 52-400c. - Attorney's fees.
Section 52-400d. - Appeal of certain court decisions.
Section 52-400f. - Priority of claims for deposits for consumer goods and services.