(a) When a judgment is rendered against a natural person, the judgment creditor or judgment debtor may move the court for an order for installment payments in accordance with a money judgment. After hearing and consideration of the judgment debtor's financial circumstances, the court may order installment payments reasonably calculated to facilitate payment of the judgment.
(b) In the case of a consumer judgment, the court may provide that compliance with the installment payment order, other than with an order for nominal payments pursuant to subsection (c) of this section, shall stay any property execution or foreclosure pursuant to that judgment, provided such a stay is reasonable considering the nature of the debt and the financial circumstances of the judgment debtor. In the case of a judgment arising out of services provided at a hospital, the court shall provide that compliance with the installment payment order shall stay any property execution or foreclosure pursuant to that judgment, including, but not limited to, execution on wages, execution on bank accounts, and execution on or foreclosure of real property.
(c) Notwithstanding the hearing requirement of subsection (a) of this section, on motion of the judgment creditor for an order of nominal payments, the court shall issue ex parte, without hearing, an order for nominal installment payments. The amount which shall constitute an order of nominal payments shall be set by the judges of the Superior Court. Such an order for nominal payments may be modified on motion of either party after hearing and consideration of the judgment debtor's financial circumstances.
(d) An installment payment order shall not be enforced by contempt proceedings, but on the judgment debtor's default on payments thereon, the judgment creditor may apply for a wage execution pursuant to section 52-361a.
(e) Interest on a money judgment shall continue to accrue under any installment payment order on such portion of the judgment as remains unpaid.
(f) On motion of either party and after notice and hearing or pursuant to a stipulation, the court may make such modification of an installment payment order as is reasonable.
(P.A. 83-581, S. 12, 40; P.A. 03-266, S. 10.)
History: P.A. 03-266 amended Subsec. (b) by adding provisions re judgment arising out of hospital services.
Use of term “order” discussed. 246 C. 183.
Subsec. (a):
Cited. 33 CA 395.
Court may consider other factors beyond debtor's weekly salary when entering an installment payment order. 47 CS 291.
Subsec. (e):
Subsec. does not provide for automatic accrual of postjudgment interest on all judgments in which an installment payment order has been entered by the court. 304 C. 348.
Postjudgment interest does not accrue automatically when installment payments have been ordered, but judgment creditor may request postjudgment interest on a money judgment pursuant to Sec. 37-3a and such interest, if awarded, shall continue to accrue on the unpaid portion of a money judgment where installment payments have been ordered by the court. 127 CA 813.
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.