(a) A judgment lien on real or personal property may be released by an instrument in writing signed by the lienholder or his attorney or by any personal representative who signed the certificate of lien, setting forth that the judgment lien is discharged.
(b) A release of a judgment lien on real property is sufficient if (1) the release specifies the names of the judgment creditor and judgment debtor, the date of the lien, and the town and volume and page where the judgment lien certificate is recorded, and (2) the signature of the lienholder, attorney or personal representative is acknowledged and witnessed in the same manner as a deed on real property. The town clerk with whom the lien was recorded shall note such release as by law provided and shall index the record of each such release under the name of the judgment creditor and judgment debtor, except that a manual notation of such release shall not be required if such town clerk provides public access to an electronic indexing system that combines the grantor index and the grantee index of the town's land records.
(c) A release of a judgment lien filed on personal property pursuant to section 52-355a is sufficient if it contains a description of the property released, the name and address of the judgment creditor and judgment debtor, and the file number of the judgment lien certificate in the office of the Secretary of the State. On presentation of such a statement of release to the filing officer in the office of the Secretary of the State, the filing officer shall mark the statement with the hour and date of filing and shall note the same on the index. The release shall be on a form prescribed by the Secretary of the State. On filing, the Secretary of the State may charge the fee prescribed by section 42a-9-525 for filing and indexing a termination statement.
(1967, P.A. 120, S. 2; P.A. 78-280, S. 63, 127; P.A. 79-602, S. 105; P.A. 83-581, S. 15, 40; P.A. 96-180, S. 161, 166; P.A. 01-132, S. 175; P.A. 07-252, S. 51.)
History: P.A. 78-280 added references to judicial districts in release form; P.A. 79-602 substituted “the” or “that” for “such” where appearing; P.A. 83-581 replaced “executed, attested and acknowledged” with “signed”, provided that the release may be signed by “any personal representative” who signed the certificate of lien, deleted a provision that the “instrument shall vest in the person or persons entitled thereto such legal title as is held by virtue of the lien”, deleted suggested language for the release instrument, added Subsec. (b) re the information required in a release of a judgment lien on real property and the town clerk's responsibilities in connection therewith and added Subsec. (c) re the information required in a release of a judgment lien on personal property and the secretary of the state's responsibilities in connection therewith; Sec. 49-46a transferred to Sec. 52-380d in 1985; P.A. 96-180 made technical corrections in Subsec. (c), effective June 3, 1996; P.A. 01-132 amended Subsec. (c) to replace reference to Sec. 42a-9-403 with Sec. 42a-9-525; P.A. 07-252 amended Subsec. (b) by making technical a change and adding provision re manual notation of release not required if town clerk provides public access to electronic indexing system that combines grantor and grantee indices of town's land records, effective July 1, 2007.
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.