In an action by foreign attachment in which the garnishee is described as a nonresident and service has been made upon his agent transacting business in his behalf in this state, the plaintiff, on taking out an execution, may direct the officer serving the same to make demand of such agent or of such garnishee for the effects of the defendant in such agent's hands at the time of the attachment and for the payment of any debt then due from such garnishee to the defendant, and the person upon whom such demand is made shall produce or pay the same, to be taken and applied on such execution. If such agent of such garnishee has disposed of the effects of the principal which were in his hands when the copy of the writ was left with him or does not expose them to be taken on the execution or does not pay the officer, when demanded, the debt due the defendant at the time the copy of the writ was left with him, such judgment may be satisfied out of the estate of such garnishee which he may own in this state, as his proper debt, if the effects or debt is of sufficient value or amount, if not, then to the value of such effects or to the amount of such debt; and a scire facias may be taken out from the court where the judgment was rendered, as in other cases, on which the estate of the garnishee may be attached, and which shall be served on the agent of such garnishee, requiring such garnishee to appear personally or by his agent, before such court, and show cause, if any, to the contrary. The plaintiff may require the defendant, who shall have the right, by himself or his agent, to disclose on oath whether he has any of the goods of the debtor in his hands, or in the hands of such agent, or whether he is indebted to him; and the parties may introduce any other proper testimony respecting such facts. If it is found that the defendant has the effects of such debtor in the hands of his agent or is indebted to him or if he makes default of appearance or refuses to disclose on oath, judgment may be rendered against him, as for his own debt, to be paid out of his own estate, with costs, and execution shall be granted accordingly. If it appears on the trial that the effects are of less value, or the debt of less amount, than the judgment recovered against the debtor, judgment shall be rendered to the value of the goods or to the amount of the debt; and, if it appears that the defendant has no effects of such agent or is not indebted to him, he shall recover costs.
(1949 Rev., S. 8126.)
Cited. 121 C. 315; 153 C. 588.
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.