16 | | - | Section 1. Subsections (a) and (b) of section 52-367a of the general |
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17 | | - | statutes are repealed and the following is substituted in lieu thereof |
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18 | | - | (Effective October 1, 2019): |
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19 | | - | (a) As used in this section and section 52-367b, as amended by this |
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20 | | - | act, "financial institution" means any bank, savings bank, savings and |
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21 | | - | loan association or credit union organized, chartered or licensed under |
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22 | | - | the laws of this state or the United States and having its main office in |
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23 | | - | this state, [or] any similar out-of-state institution having a branch office |
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24 | | - | in this state or any similar out-of-state institution having no main |
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25 | | - | office or branch office in this state and where transactions are made via |
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26 | | - | the Internet or electronic means. |
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27 | | - | (b) Execution may be granted pursuant to this section against any |
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28 | | - | debts due from any financial institution to a judgment debtor which is |
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29 | | - | not a natural person. If execution is desired against any such debt, the |
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30 | | - | plaintiff requesting the execution shall make application to the clerk of |
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31 | | - | the court. The application shall be accompanied by a fee of one Substitute Senate Bill No. 1087 |
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| 18 | + | Section 1. Subsections (a) and (b) of section 52-367a of the general 1 |
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| 19 | + | statutes are repealed and the following is substituted in lieu thereof 2 |
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| 20 | + | (Effective October 1, 2019): 3 |
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| 21 | + | (a) As used in this section and section 52-367b, as amended by this 4 |
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| 22 | + | act, "financial institution" means any bank, savings bank, savings and 5 |
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| 23 | + | loan association or credit union organized, chartered or licensed under 6 |
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| 24 | + | the laws of this state or the United States and having its main office in 7 |
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| 25 | + | this state, [or] any similar out-of-state institution having a branch office 8 |
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| 26 | + | in this state or any similar out-of-state institution having no main 9 |
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| 27 | + | office or branch office in this state and where transactions are made via 10 |
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| 28 | + | the Internet or electronic means. 11 |
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| 29 | + | (b) Execution may be granted pursuant to this section against any 12 |
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| 30 | + | debts due from any financial institution to a judgment debtor which is 13 |
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| 31 | + | not a natural person. If execution is desired against any such debt, the 14 |
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| 32 | + | plaintiff requesting the execution shall make application to the clerk of 15 |
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| 33 | + | the court. The application shall be accompanied by a fee of one 16 |
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| 34 | + | hundred five dollars payable to the clerk of the court for the 17 |
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| 35 | + | administrative costs of complying with the provisions of this section 18 |
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| 36 | + | which fee may be recoverable by the judgment creditor as a taxable 19 Substitute Bill No. 1087 |
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35 | | - | hundred five dollars payable to the clerk of the court for the |
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36 | | - | administrative costs of complying with the provisions of this section |
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37 | | - | which fee may be recoverable by the judgment creditor as a taxable |
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38 | | - | cost of the action. The clerk shall issue such execution containing a |
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39 | | - | direction that the officer serving such execution shall make demand (1) |
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40 | | - | upon the main office of any financial institution having its main office |
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41 | | - | within the county of the serving officer, [or] (2) if such main office is |
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42 | | - | not within the serving officer's county and such financial institution |
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43 | | - | has one or more branch offices within such county, upon an employee |
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44 | | - | of such a branch office, such employee and branch office having been |
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45 | | - | designated by the financial institution in accordance with regulations |
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46 | | - | adopted by the Banking Commissioner, in accordance with chapter 54, |
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47 | | - | or (3) only upon demand of a financial institution which does not have |
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48 | | - | any main office or branch office in this state, by certified mail, return |
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49 | | - | receipt requested, for the payment of any debt due to the judgment |
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50 | | - | debtor, and, after having made such demand, shall serve a true and |
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51 | | - | attested copy thereof, with the serving officer's actions thereon |
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52 | | - | endorsed, with the financial institution [officer] upon whom such |
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53 | | - | demand is made. The serving officer shall not serve more than one |
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54 | | - | financial institution execution per judgment debtor at a time, including |
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55 | | - | copies thereof. After service of an execution on one financial |
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56 | | - | institution, the serving officer shall not serve the same execution or a |
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57 | | - | copy thereof upon another financial institution until receiving |
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58 | | - | confirmation from the preceding financial institution that the judgment |
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59 | | - | debtor had insufficient funds at the preceding financial institution |
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60 | | - | available for collection to satisfy the execution. If the serving officer |
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61 | | - | does not receive within twenty-five days of the service of the demand |
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62 | | - | a response from the financial institution that was served indicating |
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63 | | - | whether or not the taxpayer has funds at the financial institution |
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64 | | - | available for collection, the serving officer may assume that sufficient |
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65 | | - | funds are not available for collection and may proceed to serve another |
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66 | | - | financial institution in accordance with this subsection. Substitute Senate Bill No. 1087 |
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| 40 | + | 01087-R01-SB.docx } |
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| 41 | + | 2 of 6 |
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68 | | - | Public Act No. 19-41 3 of 6 |
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| 43 | + | cost of the action. The clerk shall issue such execution containing a 20 |
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| 44 | + | direction that the officer serving such execution shall make demand (1) 21 |
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| 45 | + | upon the main office of any financial institution having its main office 22 |
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| 46 | + | within the county of the serving officer, [or] (2) if such main office is 23 |
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| 47 | + | not within the serving officer's county and such financial institution 24 |
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| 48 | + | has one or more branch offices within such county, upon an employee 25 |
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| 49 | + | of such a branch office, such employee and branch office having been 26 |
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| 50 | + | designated by the financial institution in accordance with regulations 27 |
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| 51 | + | adopted by the Banking Commissioner, in accordance with chapter 54, 28 |
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| 52 | + | or (3) only upon demand of a financial institution which does not have 29 |
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| 53 | + | any main office or branch office in this state, by certified mail, return 30 |
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| 54 | + | receipt requested, for the payment of any debt due to the judgment 31 |
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| 55 | + | debtor, and, after having made such demand, shall serve a true and 32 |
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| 56 | + | attested copy thereof, with the serving officer's actions thereon 33 |
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| 57 | + | endorsed, with the financial institution [officer] upon whom such 34 |
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| 58 | + | demand is made. The serving officer shall not serve more than one 35 |
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| 59 | + | financial institution execution per judgment debtor at a time, including 36 |
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| 60 | + | copies thereof. After service of an execution on one financial 37 |
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| 61 | + | institution, the serving officer shall not serve the same execution or a 38 |
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| 62 | + | copy thereof upon another financial institution until receiving 39 |
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| 63 | + | confirmation from the preceding financial institution that the judgment 40 |
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| 64 | + | debtor had insufficient funds at the preceding financial institution 41 |
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| 65 | + | available for collection to satisfy the execution. If the serving officer 42 |
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| 66 | + | does not receive within twenty-five days of the service of the demand 43 |
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| 67 | + | a response from the financial institution that was served indicating 44 |
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| 68 | + | whether or not the taxpayer has funds at the financial institution 45 |
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| 69 | + | available for collection, the serving officer may assume that sufficient 46 |
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| 70 | + | funds are not available for collection and may proceed to serve another 47 |
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| 71 | + | financial institution in accordance with this subsection. 48 |
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| 72 | + | Sec. 2. Subsection (b) of section 52-367b of the general statutes is 49 |
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| 73 | + | repealed and the following is substituted in lieu thereof (Effective 50 |
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| 74 | + | October 1, 2019): 51 |
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| 75 | + | (b) If execution is desired against any such debt, the plaintiff 52 Substitute Bill No. 1087 |
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70 | | - | Sec. 2. Subsection (b) of section 52-367b of the general statutes is |
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71 | | - | repealed and the following is substituted in lieu thereof (Effective |
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72 | | - | October 1, 2019): |
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73 | | - | (b) If execution is desired against any such debt, the plaintiff |
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74 | | - | requesting the execution shall make application to the clerk of the |
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75 | | - | court. The application shall be accompanied by a fee of one hundred |
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76 | | - | five dollars payable to the clerk of the court for the administrative costs |
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77 | | - | of complying with the provisions of this section, which fee may be |
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78 | | - | recoverable by the judgment creditor as a taxable cost of the action. In |
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79 | | - | a IV-D case, the request for execution shall be accompanied by an |
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80 | | - | affidavit signed by the serving officer attesting to an overdue support |
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81 | | - | amount of five hundred dollars or more which accrued after the entry |
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82 | | - | of an initial family support judgment. If the papers are in order, the |
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83 | | - | clerk shall issue such execution containing a direction that the officer |
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84 | | - | serving such execution shall, within seven days from the receipt by the |
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85 | | - | serving officer of such execution, make demand (1) upon the main |
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86 | | - | office of any financial institution having its main office within the |
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87 | | - | county of the serving officer, [or] (2) if such main office is not within |
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88 | | - | the serving officer's county and such financial institution has one or |
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89 | | - | more branch offices within such county, upon an employee of such a |
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90 | | - | branch office, such employee and branch office having been |
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91 | | - | designated by the financial institution in accordance with regulations |
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92 | | - | adopted by the Banking Commissioner, in accordance with chapter 54, |
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93 | | - | or (3) only upon demand of a financial institution which does not have |
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94 | | - | any main office or branch office in this state, by certified mail, return |
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95 | | - | receipt requested, for payment of any such nonexempt debt due to the |
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96 | | - | judgment debtor and, after having made such demand, shall serve a |
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97 | | - | true and attested copy of the execution, together with the affidavit and |
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98 | | - | exemption claim form prescribed by subsection (k) of this section, with |
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99 | | - | the serving officer's actions endorsed thereon, with the financial |
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100 | | - | institution [officer] upon whom such demand is made. The serving |
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101 | | - | officer shall not serve more than one financial institution execution per Substitute Senate Bill No. 1087 |
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105 | | - | judgment debtor at a time, including copies thereof. After service of an |
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106 | | - | execution on one financial institution, the serving officer shall not |
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107 | | - | serve the same execution or a copy thereof upon another financial |
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108 | | - | institution until receiving confirmation from the preceding financial |
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109 | | - | institution that the judgment debtor had insufficient funds at the |
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110 | | - | preceding financial institution available for collection to satisfy the |
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111 | | - | execution, provided any such additional service is made not later than |
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112 | | - | forty-five days from the receipt by the serving officer of such |
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113 | | - | execution. After service of an execution on a financial institution, the |
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114 | | - | serving officer shall not subsequently serve the same execution or a |
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115 | | - | copy thereof upon such financial institution if an electronic direct |
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116 | | - | deposit from a readily identifiable source described in subsection (c) of |
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117 | | - | this section was made to the judgment debtor's account during the |
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118 | | - | look-back period, as described in subsection (c) of this section. If no |
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119 | | - | such deposit was made, the serving officer may subsequently serve the |
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120 | | - | same execution or a copy thereof upon such institution, provided such |
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121 | | - | execution has not expired or otherwise become unenforceable. |
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122 | | - | Sec. 3. Section 34-243r of the general statutes is repealed and the |
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123 | | - | following is substituted in lieu thereof (Effective October 1, 2019): |
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124 | | - | (a) A limited liability company or registered foreign limited liability |
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125 | | - | company may be served with any process, notice or demand required |
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126 | | - | or permitted by law [by serving its registered agent] by any proper |
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127 | | - | officer or other person lawfully empowered to make service leaving a |
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128 | | - | true and attested copy with such company's registered agent, or at his |
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129 | | - | or her usual place of abode in this state. |
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130 | | - | (b) When the Secretary of the State and the Secretary of the State's |
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131 | | - | successors in office have been appointed a foreign limited liability |
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132 | | - | company's agent for service of process, the foreign limited liability |
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133 | | - | company may be served by any proper officer or other person lawfully |
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134 | | - | empowered to make service leaving two true and attested copies of |
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135 | | - | such process together with the required fee at the office of the Substitute Senate Bill No. 1087 |
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| 82 | + | requesting the execution shall make application to the clerk of the 53 |
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| 83 | + | court. The application shall be accompanied by a fee of one hundred 54 |
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| 84 | + | five dollars payable to the clerk of the court for the administrative costs 55 |
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| 85 | + | of complying with the provisions of this section, which fee may be 56 |
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| 86 | + | recoverable by the judgment creditor as a taxable cost of the action. In 57 |
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| 87 | + | a IV-D case, the request for execution shall be accompanied by an 58 |
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| 88 | + | affidavit signed by the serving officer attesting to an overdue support 59 |
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| 89 | + | amount of five hundred dollars or more which accrued after the entry 60 |
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| 90 | + | of an initial family support judgment. If the papers are in order, the 61 |
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| 91 | + | clerk shall issue such execution containing a direction that the officer 62 |
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| 92 | + | serving such execution shall, within seven days from the receipt by the 63 |
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| 93 | + | serving officer of such execution, make demand (1) upon the main 64 |
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| 94 | + | office of any financial institution having its main office within the 65 |
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| 95 | + | county of the serving officer, [or] (2) if such main office is not within 66 |
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| 96 | + | the serving officer's county and such financial institution has one or 67 |
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| 97 | + | more branch offices within such county, upon an employee of such a 68 |
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| 98 | + | branch office, such employee and branch office having been 69 |
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| 99 | + | designated by the financial institution in accordance with regulations 70 |
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| 100 | + | adopted by the Banking Commissioner, in accordance with chapter 54, 71 |
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| 101 | + | or (3) only upon demand of a financial institution which does not have 72 |
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| 102 | + | any main office or branch office in this state, by certified mail, return 73 |
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| 103 | + | receipt requested, for payment of any such nonexempt debt due to the 74 |
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| 104 | + | judgment debtor and, after having made such demand, shall serve a 75 |
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| 105 | + | true and attested copy of the execution, together with the affidavit and 76 |
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| 106 | + | exemption claim form prescribed by subsection (k) of this section, with 77 |
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| 107 | + | the serving officer's actions endorsed thereon, with the financial 78 |
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| 108 | + | institution [officer] upon whom such demand is made. The serving 79 |
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| 109 | + | officer shall not serve more than one financial institution execution per 80 |
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| 110 | + | judgment debtor at a time, including copies thereof. After service of an 81 |
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| 111 | + | execution on one financial institution, the serving officer shall not 82 |
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| 112 | + | serve the same execution or a copy thereof upon another financial 83 |
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| 113 | + | institution until receiving confirmation from the preceding financial 84 |
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| 114 | + | institution that the judgment debtor had insufficient funds at the 85 |
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| 115 | + | preceding financial institution available for collection to satisfy the 86 |
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| 116 | + | execution, provided any such additional service is made not later than 87 Substitute Bill No. 1087 |
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139 | | - | Secretary of the State or depositing the same in the United States mail, |
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140 | | - | by registered or certified mail, postage prepaid, addressed to said |
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141 | | - | office. The Secretary of the State shall file one copy of such process and |
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142 | | - | keep a record of the date and hour of such receipt, and, within two |
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143 | | - | business days after such service, forward by registered or certified mail |
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144 | | - | the other copy of such process to the foreign limited liability company |
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145 | | - | at the address of the office designated in the application for |
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146 | | - | registration filed pursuant to subdivision (4) of section 34-275b. Service |
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147 | | - | so made shall be effective as of the date and hour received by the |
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148 | | - | Secretary of the State as shown on the Secretary of the State's records. |
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149 | | - | (c) If a limited liability company or registered foreign limited |
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150 | | - | liability company ceases to have a registered agent, or if its registered |
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151 | | - | agent cannot with reasonable diligence be served by any proper officer |
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152 | | - | or other person lawfully empowered to make service, the company or |
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153 | | - | foreign company may be served by registered or certified mail, return |
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154 | | - | receipt requested, or by similar commercial delivery service, addressed |
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155 | | - | to the company or foreign company at its principal office. The address |
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156 | | - | of the principal office shall be as shown on the company's or foreign |
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157 | | - | company's most recent annual report filed by the Secretary of the State. |
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158 | | - | Service is effected under this subsection on the earliest of: (1) The date |
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159 | | - | the company or foreign company receives the mail or delivery by the |
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160 | | - | commercial delivery service; (2) the date shown on the return receipt, |
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161 | | - | if signed by the company or foreign company; or (3) five days after its |
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162 | | - | deposit with the United States Postal Service, or with the commercial |
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163 | | - | delivery service, if correctly addressed and with sufficient postage or |
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164 | | - | payment. |
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165 | | - | (d) If process, notice or demand cannot be served on a limited |
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166 | | - | liability company or registered foreign limited liability company |
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167 | | - | pursuant to subsection (a) or (b) of this section, service may be made |
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168 | | - | by any proper officer or other person lawfully empowered to make |
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169 | | - | service handing a copy to the individual in charge of any regular place Substitute Senate Bill No. 1087 |
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| 123 | + | forty-five days from the receipt by the serving officer of such 88 |
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| 124 | + | execution. After service of an execution on a financial institution, the 89 |
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| 125 | + | serving officer shall not subsequently serve the same execution or a 90 |
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| 126 | + | copy thereof upon such financial institution if an electronic direct 91 |
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| 127 | + | deposit from a readily identifiable source described in subsection (c) of 92 |
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| 128 | + | this section was made to the judgment debtor's account during the 93 |
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| 129 | + | look-back period, as described in subsection (c) of this section. If no 94 |
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| 130 | + | such deposit was made, the serving officer may subsequently serve the 95 |
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| 131 | + | same execution or a copy thereof upon such institution, provided such 96 |
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| 132 | + | execution has not expired or otherwise become unenforceable. 97 |
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| 133 | + | Sec. 3. Section 34-243r of the general statutes is repealed and the 98 |
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| 134 | + | following is substituted in lieu thereof (Effective October 1, 2019): 99 |
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| 135 | + | (a) A limited liability company or registered foreign limited liability 100 |
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| 136 | + | company may be served with any process, notice or demand required 101 |
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| 137 | + | or permitted by law [by serving its registered agent] by any proper 102 |
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| 138 | + | officer or other person lawfully empowered to make service leaving a 103 |
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| 139 | + | true and attested copy with such company's registered agent, or at his 104 |
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| 140 | + | or her usual place of abode in this state. 105 |
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| 141 | + | (b) When the Secretary of the State and the Secretary of the State's 106 |
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| 142 | + | successors in office have been appointed a foreign limited liability 107 |
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| 143 | + | company's agent for service of process, the foreign limited liability 108 |
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| 144 | + | company may be served by any proper officer or other person lawfully 109 |
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| 145 | + | empowered to make service leaving two true and attested copies of 110 |
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| 146 | + | such process together with the required fee at the office of the 111 |
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| 147 | + | Secretary of the State or depositing the same in the United States mail, 112 |
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| 148 | + | by registered or certified mail, postage prepaid, addressed to said 113 |
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| 149 | + | office. The Secretary of the State shall file one copy of such process and 114 |
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| 150 | + | keep a record of the date and hour of such receipt, and, within two 115 |
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| 151 | + | business days after such service, forward by registered or certified mail 116 |
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| 152 | + | the other copy of such process to the foreign limited liability company 117 |
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| 153 | + | at the address of the office designated in the application for 118 |
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| 154 | + | registration filed pursuant to subdivision (4) of section 34-275b. Service 119 |
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| 155 | + | so made shall be effective as of the date and hour received by the 120 Substitute Bill No. 1087 |
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173 | | - | of business or activity of the company or foreign company if the |
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174 | | - | individual served is not a plaintiff in the action. |
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175 | | - | (e) Service of process, notice or demand on a registered agent shall |
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176 | | - | be in a written record. |
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177 | | - | (f) Service of process, notice or demand may be made by other |
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178 | | - | means under law other than the provisions of sections 34-243 to 34- |
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179 | | - | 283d, inclusive. |
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| 157 | + | |
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| 160 | + | 5 of 6 |
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| 161 | + | |
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| 162 | + | Secretary of the State as shown on the Secretary of the State's records. 121 |
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| 163 | + | (c) If a limited liability company or registered foreign limited 122 |
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| 164 | + | liability company ceases to have a registered agent, or if its registered 123 |
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| 165 | + | agent cannot with reasonable diligence be served by any proper officer 124 |
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| 166 | + | or other person lawfully empowered to make service, the company or 125 |
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| 167 | + | foreign company may be served by registered or certified mail, return 126 |
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| 168 | + | receipt requested, or by similar commercial delivery service, addressed 127 |
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| 169 | + | to the company or foreign company at its principal office. The address 128 |
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| 170 | + | of the principal office shall be as shown on the company's or foreign 129 |
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| 171 | + | company's most recent annual report filed by the Secretary of the State. 130 |
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| 172 | + | Service is effected under this subsection on the earliest of: (1) The date 131 |
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| 173 | + | the company or foreign company receives the mail or delivery by the 132 |
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| 174 | + | commercial delivery service; (2) the date shown on the return receipt, 133 |
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| 175 | + | if signed by the company or foreign company; or (3) five days after its 134 |
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| 176 | + | deposit with the United States Postal Service, or with the commercial 135 |
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| 177 | + | delivery service, if correctly addressed and with sufficient postage or 136 |
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| 178 | + | payment. 137 |
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| 179 | + | (d) If process, notice or demand cannot be served on a limited 138 |
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| 180 | + | liability company or registered foreign limited liability company 139 |
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| 181 | + | pursuant to subsection (a) or (b) of this section, service may be made 140 |
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| 182 | + | by any proper officer or other person lawfully empowered to make 141 |
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| 183 | + | service handing a copy to the individual in charge of any regular place 142 |
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| 184 | + | of business or activity of the company or foreign company if the 143 |
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| 185 | + | individual served is not a plaintiff in the action. 144 |
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| 186 | + | (e) Service of process, notice or demand on a registered agent shall 145 |
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| 187 | + | be in a written record. 146 |
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| 188 | + | (f) Service of process, notice or demand may be made by other 147 |
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| 189 | + | means under law other than the provisions of sections 34-243 to 34-148 |
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| 190 | + | 283d, inclusive. 149 Substitute Bill No. 1087 |
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| 191 | + | |
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| 192 | + | |
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| 195 | + | 6 of 6 |
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| 196 | + | |
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| 197 | + | This act shall take effect as follows and shall amend the following |
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| 198 | + | sections: |
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| 199 | + | |
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| 200 | + | Section 1 October 1, 2019 52-367a(a) and (b) |
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| 201 | + | Sec. 2 October 1, 2019 52-367b(b) |
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| 202 | + | Sec. 3 October 1, 2019 34-243r |
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| 203 | + | |
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| 204 | + | Statement of Legislative Commissioners: |
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| 205 | + | In Section 3(a), new language was moved and combined with the other |
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| 206 | + | new language at the end of the subsection for clarity. |
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| 207 | + | |
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| 208 | + | JUD Joint Favorable Subst. -LCO |
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