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General Assembly Raised Bill No. 6786
January Session, 2023
LCO No. 4850
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING SERVICE OF BANK EXECUTIONS, WAGE
EXECUTIONS AND TAX WARRANTS BY STATE MARSHALS AND
AUTHORIZED SERVICE OF PROCESS BY INDIFFERENT PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 52-367b of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) Execution may be granted pursuant to this section against any 3
debts due from any financial institution to a judgment debtor who is a 4
natural person, except to the extent such debts are protected from 5
execution by sections 52-352a, 52-352b, 52-352c of the general statutes, 6
revision of 1958, revised to 1983, 52-354 of the general statutes, revision 7
of 1958, revised to 1983, 52-361 of the general statutes, revision of 1958, 8
revised to 1983 and section 52-361a, as amended by this act, as well as 9
by any other laws or regulations of this state or of the United States 10
which exempt such debts from execution. 11
(b) If execution is desired against any such debt, the plaintiff 12
requesting the execution shall make application to the clerk of the court. 13
The application shall be accompanied by a fee of one hundred five 14 Raised Bill No. 6786
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dollars payable to the clerk of the court for the administrative costs of 15
complying with the provisions of this section, which fee may be 16
recoverable by the judgment creditor as a taxable cost of the action. In a 17
IV-D case, the request for execution shall be accompanied by an affidavit 18
signed by the serving officer attesting to an overdue support amount of 19
five hundred dollars or more which accrued after the entry of an initial 20
family support judgment. If the papers are in order, the clerk shall issue 21
such execution containing a direction that the officer serving such 22
execution shall, within seven days from the receipt by the serving officer 23
of such execution, make demand (1) upon the main office of any 24
financial institution having its main office within the county of the 25
serving officer, (2) if such main office is not within the serving officer's 26
county and such financial institution has one or more branch offices 27
within such county, upon an employee of such a branch office, such 28
employee and branch office having been designated by the financial 29
institution in accordance with regulations adopted by the Banking 30
Commissioner, in accordance with chapter 54, or (3) only upon demand 31
of a financial institution which does not have any main office or branch 32
office in this state, by certified mail, return receipt requested, for 33
payment of any such nonexempt debt due to the judgment debtor and, 34
after having made such demand, shall serve a true and attested copy of 35
the execution, together with the affidavit and exemption claim form 36
prescribed by subsection (k) of this section, with the serving officer's 37
actions endorsed thereon, with the financial institution upon whom 38
such demand is made. When service is made by the serving officer by 39
certified mail pursuant to subdivision (3) of this subsection, the officer 40
may under the levy collect the actual postage costs incurred. The serving 41
officer shall not serve more than one financial institution execution per 42
judgment debtor at a time, including copies thereof. After service of an 43
execution on one financial institution, the serving officer shall not serve 44
the same execution or a copy thereof upon another financial institution 45
until receiving confirmation from the preceding financial institution 46
that the judgment debtor had insufficient funds at the preceding 47
financial institution available for collection to satisfy the execution, 48
provided any such additional service is made not later than forty-five 49 Raised Bill No. 6786
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days from the receipt by the serving officer of such execution. The 50
financial institution shall provide the serving officer a response to the 51
service of such execution. In the case of no account found, a closed 52
account or an account with insufficient funds or protected funds, the 53
financial institution shall respond by endorsing the institution's 54
response on the officer's cover sheet. The financial institution shall by 55
United States mail return to the serving officer a complete set of the 56
documents served on the financial institution, including the cover page 57
of the serving officer, with endorsements from other financial 58
institutions, as the case may be, and return to the serving officer the 59
complete true and attested copy of the execution as served, together 60
with the affidavit and exemption claim forms prescribed by subsection 61
(k) of this section. The financial institution shall mail such response and 62
return of process to the serving officer not later than five business days 63
after the date on which service is made. After service of an execution on 64
a financial institution, the serving officer shall not subsequently serve 65
the same execution or a copy thereof upon such financial institution if 66
an electronic direct deposit that is readily identifiable as exempt from 67
execution was made to the judgment debtor's account during the look-68
back period, as described in subsection (c) of this section. If no such 69
deposit was made, the serving officer may subsequently serve the same 70
execution or a copy thereof upon such institution, provided such 71
execution has not expired or otherwise become unenforceable. 72
(c) (1) Except as provided in subdivision (2) of this subsection, if any 73
such financial institution upon which such execution is served and upon 74
which such demand is made is indebted to the judgment debtor, the 75
financial institution shall remove from the judgment debtor's account 76
the amount of such indebtedness not exceeding the amount due on such 77
execution before its midnight deadline, as defined in section 42a-4-104. 78
(2) Notwithstanding the provisions of subdivision (1) of this 79
subsection, the financial institution shall leave in the judgment debtor's 80
account (A) the full amount of electronic direct deposits that are readily 81
identifiable as exempt federal veterans' benefits, Social Security benefits, 82
including, but not limited to, retirement, survivors' and disability 83 Raised Bill No. 6786
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benefits, supplemental security income benefits, exempt benefits paid 84
by the federal Railroad Retirement Board or the federal Office of 85
Personnel Management, unemployment compensation benefits exempt 86
under section 52-352b, and child support payments processed and 87
received pursuant to Title IV-D of the Social Security Act, and (B) the 88
amount of electronic direct deposits, not to exceed one thousand dollars, 89
that are readily identifiable as wages, provided such deposits were 90
made to the judgment debtor's account during the look-back period of 91
two months preceding the date that the execution was served on the 92
financial institution, or, with regard to federal benefits, such greater 93
period as required by federal law. If no such deposits have been made 94
to the judgment debtor's account during the look-back period, or if such 95
readily identifiable funds are less than one thousand dollars, the 96
financial institution shall leave in the judgment debtor's account as 97
exempt pursuant to subdivision (18) of section 52-352b the lesser of the 98
account balance or one thousand dollars in the aggregate. To the extent 99
that such funds are left in the judgment debtor's account as exempt 100
pursuant to subdivision (18) of section 52-352b, the provisions of said 101
subsection shall not be the basis for a claim of exemption pursuant to 102
this subsection in response to a levy of execution. 103
(3) Nothing in this subsection shall be construed to limit a financial 104
institution's right or obligation to remove such funds from the judgment 105
debtor's account if required by any other provision of law or by a court 106
order. The judgment debtor shall have full and customary access to such 107
funds left in the judgment debtor's account pursuant to this subsection. 108
The financial institution may notify the judgment creditor that funds 109
have been left in the judgment debtor's account pursuant to this 110
subsection. Nothing in this subsection shall alter the exempt status of 111
funds which are exempt from execution under subsection (a) of this 112
section or under any other provision of state or federal law, or the right 113
of a judgment debtor to claim such exemption. Nothing in this 114
subsection shall be construed to affect any other rights or obligations of 115
the financial institution with regard to the funds in the judgment 116
debtor's account. 117 Raised Bill No. 6786
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(d) If any funds are removed from the judgment debtor's account 118
pursuant to subsection (c) of this section, upon receipt of the execution 119
and exemption claim form from the serving officer, the financial 120
institution shall (1) forthwith mail copies thereof, postage prepaid, to 121
the judgment debtor and to any secured party that is party to a control 122
agreement between the financial institution and such secured party 123
under article 9 of title 42a at the last-known address of the judgment 124
debtor and of any such secured party with respect to the affected 125
accounts on the records of the financial institution, [and] (2) mail notice 126
to the judgment debtor as required by 31 CFR 212.6 and 212.7, and (3) 127
provide the judgment debtor the docket number of the proceeding for 128
an execution has been granted and the Internet web site address of the 129
Judicial Branch for accessing online records to such proceeding. The 130
financial institution shall hold the amount removed from the judgment 131
debtor's account pursuant to subsection (c) of this section for fifteen 132
days from the date of the mailing to the judgment debtor and any such 133
secured party, and during such period shall not pay the serving officer. 134
(e) To prevent the financial institution from paying the serving 135
officer, as provided in subsection (h) of this section, the judgment debtor 136
shall give notice of a claim of exemption by delivering to the financial 137
institution, by mail or other means, the exemption claim form or other 138
written notice that an exemption is being claimed and any such secured 139
party shall give notice of its claim of a prior perfected security interest 140
in such deposit account by delivering to the financial institution, by mail 141
or other means, written notice thereof. The financial institution may 142
designate an address to which the notice of a claim of exemption, or a 143
secured party claim notice, shall be delivered. Upon receipt of such 144
notice, the financial institution shall, within two business days, send a 145
copy of such notice to the clerk of the court which issued the execution. 146
(f) (1) Upon receipt of an exemption claim form or a secured party 147
claim notice, the clerk of the court shall enter the appearance of the 148
judgment debtor or such secured party with the address set forth in the 149
exemption claim form or secured party claim notice. The clerk shall 150
forthwith send file-stamped copies of the exemption claim form or 151 Raised Bill No. 6786
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secured party claim notice to the judgment creditor and judgment 152
debtor with a notice stating that the disputed funds are being held for 153
forty-five days from the date the exemption claim form or secured party 154
claim notice was received by the financial institution or until a court 155
order is entered regarding the disposition of the funds, whichever 156
occurs earlier, and the clerk shall promptly schedule the matter for a 157
hearing. The claim of exemption filed by such judgment debtor shall be 158
prima facie evidence at such hearing of the existence of the exemption. 159
(2) Upon receipt of notice from the financial institution pursuant to 160
subsection (c) of this section, a judgment creditor may, on an ex parte 161
basis, present to a judge of the Superior Court an affidavit sworn under 162
oath by a competent party demonstrating a reasonable belief that such 163
judgment debtor's account contains funds which are not exempt from 164
execution and the amount of such nonexempt funds. Such affidavit shall 165
not be conclusory but is required to show the factual basis upon which 166
the reasonable belief is based. If such judge finds that the judgment 167
creditor has demonstrated a reasonable belief that such judgment 168
debtor's account contains funds which are not exempt from execution, 169
such judge shall authorize the judgment creditor to submit a written 170
application to the clerk of the court for a hearing on the exempt status 171
of funds left in the judgment debtor's account pursuant to subsection (c) 172
of this section. The judgment creditor shall promptly send a copy of the 173
application and the supporting affidavit to the judgment debtor and to 174
any secured party shown on a secured party claim notice sent to the 175
judgment creditor pursuant to subdivision (1) of this subsection. Upon 176
receipt of such application, the clerk of the court shall promptly 177
schedule the matter for a hearing and shall give written notice to the 178
judgment creditor, the judgment debtor and any secured party shown 179
on a secured party claim notice received by the clerk of the court. The 180
notice to the judgment creditor pursuant to subsection (c) of this section 181
shall be prima facie evidence at such hearing that the funds in the 182
account are exempt funds. The burden of proof shall be upon the 183
judgment creditor to establish the amount of funds which are not 184
exempt. 185 Raised Bill No. 6786
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(g) If an exemption claim is made or a secured party claim notice is 186
given pursuant to subsection (e) of this section, the financial institution 187
shall continue to hold the amount removed from the judgment debtor's 188
account for forty-five days or until a court order is received regarding 189
disposition of the funds, whichever occurs earlier. If no such order is 190
received within forty-five days of the date the financial institution sends 191
a copy of the exemption claim form or notice of exemption or a secured 192
party claim notice to the clerk of the court, the financial institution shall 193
return the funds to the judgment debtor's account. 194
(h) If no claim of exemption or secured party claim notice is received 195
by the financial institution within fifteen days of the mailing to the 196
judgment debtor and any secured party of the execution and exemption 197
claim form pursuant to subsection (d) of this section, the financial 198
institution shall, upon demand, forthwith pay the serving officer the 199
amount removed from the judgment debtor's account, and the serving 200
officer shall thereupon pay such sum, less such serving officer's fees, to 201
the judgment creditor, except to the extent otherwise ordered by a court. 202
(i) The court, after a hearing conducted pursuant to subsection (f) of 203
this section, shall enter an order determining the issues raised by the 204
claim of exemption and claim by a secured party of a prior perfected 205
security interest in such deposit account. The clerk of the court shall 206
forthwith send a copy of such order to the financial institution. Such 207
order shall be deemed to be a final judgment for the purposes of appeal. 208
No appeal shall be taken except within seven days of the rendering of 209
the order. The order of the court may be implemented during such 210
seven-day period, unless stayed by the court. 211
(j) Except as otherwise provided in subsection (c) of this section, if 212
both exempt and nonexempt moneys have been deposited into an 213
account, for the purposes of determining which moneys are exempt 214
under this section, the moneys most recently deposited as of the time 215
the execution is served shall be deemed to be the moneys remaining in 216
the account. 217 Raised Bill No. 6786
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(k) The execution, exemption claim form and clerk's notice regarding 218
the filing of a claim of exemption shall be in such form as prescribed by 219
the judges of the Superior Court or their designee. The exemption claim 220
form shall be dated and include a checklist and description of the most 221
common exemptions, instructions on the manner of claiming the 222
exemptions and a space for the judgment debtor to certify those 223
exemptions claimed under penalty of false statement. 224
(l) If records or testimony are subpoenaed from a financial institution 225
in connection with a hearing conducted pursuant to subsection (f) of this 226
section, the reasonable costs and expenses of the financial institution in 227
complying with the subpoena shall be recoverable by the financial 228
institution from the party requiring such records or testimony, 229
provided, the financial institution shall be under no obligation to 230
attempt to obtain records or documentation relating to the account 231
executed against which are held by any other financial institution. The 232
records of a financial institution as to the dates and amounts of deposits 233
into an account in the financial institution shall, if certified as true and 234
accurate by an officer of the financial institution, be admissible as 235
evidence without the presence of the officer in any hearing conducted 236
pursuant to subsection (f) of this section to determine the legitimacy of 237
a claim of exemption made under this section. 238
(m) If there are moneys to be removed from the judgment debtor's 239
account, prior to the removal of such moneys pursuant to subsection (c) 240
of this section, the financial institution shall [receive from the serving 241
officer as representative of the judgment creditor] collect from the levy 242
a fee of eight dollars for the financial institution's costs in complying 243
with the provisions of this section which fee may be recoverable by the 244
judgment creditor as a taxable cost of the action. 245
(n) If the financial institution fails or refuses to pay over to the serving 246
officer the amount of such debt, not exceeding the amount due on such 247
execution, such financial institution shall be liable in an action therefor 248
to the judgment creditor named in such execution for the amount of 249
nonexempt moneys which the financial institution failed or refused to 250 Raised Bill No. 6786
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pay over, excluding funds of up to one thousand dollars which the 251
financial institution in good faith allowed the judgment debtor to access 252
pursuant to subsection (c) of this section. The amount so recovered by 253
such judgment creditor shall be applied toward the payment of the 254
amount due on such execution. Thereupon, the rights of the financial 255
institution shall be subrogated to the rights of the judgment creditor. If 256
such financial institution pays exempt moneys from the account of the 257
judgment debtor over to the serving officer contrary to the provisions of 258
this section, such financial institution shall be liable in an action therefor 259
to the judgment debtor for any exempt moneys so paid and such 260
financial institution shall refund or waive any charges or fees by the 261
financial institution, including, but not limited to, dishonored check 262
fees, overdraft fees or minimum balance service charges and legal 263
process fees, which were assessed as a result of such payment of exempt 264
moneys. Thereupon, the rights of the financial institution shall be 265
subrogated to the rights of the judgment debtor. 266
(o) Except as provided in subsection (n) of this section, no financial 267
institution or any officer, director or employee of such financial 268
institution shall be liable to any person with respect to any act done or 269
omitted in good faith or through the commission of a bona fide error 270
that occurred despite reasonable procedures maintained by the financial 271
institution to prevent such errors in complying with the provisions of 272
this section. 273
(p) Nothing in this section shall in any way restrict the rights and 274
remedies otherwise available to a judgment debtor or any such secured 275
party at law or in equity. 276
(q) Nothing in this section shall in any way affect any rights of the 277
financial institution with respect to uncollected funds credited to the 278
account of the judgment debtor, which rights shall be superior to those 279
of the judgment creditor. 280
(r) For the purposes of this subsection, "exempt" has the same 281
meaning as provided in subdivision (3) of section 52-352a. Funds 282 Raised Bill No. 6786
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deposited in an account that has been established for the express 283
purpose of receiving electronic direct deposits of public assistance or of 284
Title IV-D child support payments from the Department of Social 285
Services shall be exempt. 286
Sec. 2. Section 52-367a of the general statutes is repealed and the 287
following is substituted in lieu thereof (Effective October 1, 2023): 288
(a) As used in this section and section 52-367b, as amended by this 289
act, "financial institution" means any bank, savings bank, savings and 290
loan association or credit union organized, chartered or licensed under 291
the laws of this state or the United States and having its main office in 292
this state, any similar out-of-state institution having a branch office in 293
this state or any similar out-of-state institution having no main office or 294
branch office in this state and where transactions are made via the 295
Internet or electronic means. 296
(b) Execution may be granted pursuant to this section against any 297
debts due from any financial institution to a judgment debtor which is 298
not a natural person. If execution is desired against any such debt, the 299
plaintiff requesting the execution shall make application to the clerk of 300
the court. The application shall be accompanied by a fee of one hundred 301
five dollars payable to the clerk of the court for the administrative costs 302
of complying with the provisions of this section which fee may be 303
recoverable by the judgment creditor as a taxable cost of the action. The 304
clerk shall issue such execution containing a direction that the officer 305
serving such execution shall make demand (1) upon the main office of 306
any financial institution having its main office within the county of the 307
serving officer, (2) if such main office is not within the serving officer's 308
county and such financial institution has one or more branch offices 309
within such county, upon an employee of such a branch office, such 310
employee and branch office having been designated by the financial 311
institution in accordance with regulations adopted by the Banking 312
Commissioner, in accordance with chapter 54, or (3) only upon demand 313
of a financial institution which does not have any main office or branch 314
office in this state, by certified mail, return receipt requested, for the 315 Raised Bill No. 6786
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payment of any debt due to the judgment debtor, and, after having 316
made such demand, shall serve a true and attested copy thereof, with 317
the serving officer's actions thereon endorsed, with the financial 318
institution upon whom such demand is made. When service is made by 319
the serving officer by certified mail pursuant to subdivision (3) of this 320
subsection, the officer may under the levy collect the actual postage 321
costs incurred. The serving officer shall not serve more than one 322
financial institution execution per judgment debtor at a time, including 323
copies thereof. After service of an execution on one financial institution, 324
the serving officer shall not serve the same execution or a copy thereof 325
upon another financial institution until receiving confirmation from the 326
preceding financial institution that the judgment debtor had insufficient 327
funds at the preceding financial institution available for collection to 328
satisfy the execution. The financial institution shall provide the serving 329
officer a response to the service of such execution. In the case of no 330
account found, a closed account or an account with insufficient funds or 331
protected funds, the financial institution shall respond by endorsing the 332
institution's response on the officer's cover sheet. The financial 333
institution shall by United States mail return to the serving officer a 334
complete set of the documents served on the financial institution, 335
including the cover page of the serving officer, with endorsements from 336
other financial institutions, as the case may be, and return to the serving 337
officer the complete true and attested copy of the execution as served. 338
The financial institution shall mail such response and return of process 339
to the serving officer not later than five business days after the date on 340
which service is made. If the serving officer does not receive within 341
twenty-five days of the service of the demand a response from the 342
financial institution that was served indicating whether or not the 343
taxpayer or judgment debtor has funds at the financial institution 344
available for collection, the serving officer may assume that sufficient 345
funds are not available for collection and may proceed to serve another 346
financial institution in accordance with this subsection. 347
(c) If any such financial institution upon which such execution is 348
served and upon which such demand is made is indebted to the 349 Raised Bill No. 6786
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judgment debtor, the financial institution shall remove from the 350
judgment debtor's account the amount of such indebtedness not 351
exceeding the amount due on such execution. Except as provided in 352
subsection (d) of this section, the financial institution shall immediately 353
pay to such serving officer the amount removed from the judgment 354
debtor's account, which amount shall be received and applied on such 355
execution by such serving officer. Such financial institution shall act 356
upon such execution according to section 42a-4-303 before its midnight 357
deadline, as defined in section 42a-4-104. Nothing in this subsection 358
shall be construed to affect any other rights or obligations of the 359
financial institution with regard to funds in the judgment debtor's 360
account. 361
(d) If the deposit account is subject to a security interest of a secured 362
party, other than the financial institution upon which such execution is 363
served and upon which such demand is made, pursuant to a control 364
agreement between the financial institution and such secured party 365
under article 9 of title 42a, and if any funds are removed from the 366
judgment debtor’s account pursuant to subsection (c) of this section, the 367
financial institution shall forthwith mail a copy of the execution when 368
received from the serving officer, postage prepaid, to the judgment 369
debtor and to such other secured party at the last-known address of such 370
parties with respect to the affected accounts on the records of the 371
financial institution. The financial institution shall hold the amount 372
removed from the judgment debtor's account pursuant to subsection (c) 373
of this section for twenty days from the date of the mailing to the 374
judgment debtor and such other secured party, and during such period 375
shall not pay the serving officer. 376
(e) To prevent the financial institution from paying the serving 377
officer, as provided in subsection (h) of this section, such other secured 378
party shall give notice of its prior perfected security interest in such 379
deposit account, by delivering to the clerk of the court that issued the 380
execution a written claim for determination of interests in property 381
pursuant to section 52-356c and by delivering a copy of such claim to 382
the financial institution upon which such execution is served. 383 Raised Bill No. 6786
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(f) Upon receipt of a written claim for determination of interests in 384
property made pursuant to subsection (e) of this section, the clerk of the 385
court shall enter the appearance of the secured party with the address 386
set forth in the written claim. The clerk shall forthwith send file-stamped 387
copies of the written claim to the judgment creditor, the judgment 388
debtor and the financial institution upon which such execution was 389
served with a notice stating that the disputed funds are being held until 390
a court order is entered regarding the disposition of the funds. 391
(g) If a written claim for determination of interests in property is 392
made pursuant to subsection (e) of this section, the financial institution 393
shall continue to hold the amount removed from the judgment debtor's 394
account until a court order is received regarding disposition of the 395
funds. 396
(h) If no written claim for determination of interests in property is 397
made pursuant to subsection (e) of this section, the financial institution 398
shall, upon demand, forthwith pay the serving officer the amount 399
removed from the judgment debtor's account, and the serving officer 400
shall thereupon pay such sum, less such serving officer's fees, to the 401
judgment creditor, except to the extent otherwise ordered by a court. 402
(i) If a written claim for determination of interests in property is made 403
pursuant to subsection (e) of this section, the clerk of the court, after a 404
judgment or order is entered pursuant to section 52-356c, shall forthwith 405
send a copy of such judgment or order to the financial institution. Such 406
judgment or order shall be deemed to be a final judgment for the 407
purposes of appeal. No appeal shall be taken except within seven days 408
of the rendering of the judgment or order. The judgment or order of the 409
court may be implemented during such seven-day period, unless stayed 410
by the court. 411
(j) If records or testimony are subpoenaed from a financial institution 412
in connection with a hearing conducted pursuant to section 52-356c on 413
a written claim for determination of interests in property made pursuant 414
to subsection (e) of this section, the reasonable costs and expenses of the 415 Raised Bill No. 6786
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financial institution in complying with the subpoena shall be 416
recoverable by the financial institution from the party requiring such 417
records or testimony, provided the financial institution shall be under 418
no obligation to attempt to obtain records or documentation relating to 419
the account executed against that are held by any other financial 420
institution. The records of a financial institution as to the dates and 421
amounts of deposits into an account in the financial institution shall, if 422
certified as true and accurate by an officer of the financial institution, be 423
admissible as evidence without the presence of the officer in any hearing 424
conducted pursuant to section 52-356c to determine the legitimacy of a 425
claim of an interest in property made under subsection (e) of this section. 426
(k) If such financial institution fails or refuses to pay over to such 427
serving officer the amount of such debt, not exceeding the amount due 428
on such execution, such financial institution shall be liable in an action 429
therefor to the judgment creditor named in such execution, and the 430
amount so recovered by such judgment creditor shall be applied toward 431
the payment of the amount due on such execution. 432
(l) Except as provided in subsection (k) of this section, no financial 433
institution or any officer, director or employee of such financial 434
institution shall be liable to any person with respect to any act done or 435
omitted in good faith or through the commission of a bona fide error 436
that occurred despite reasonable procedures maintained by the financial 437
institution to prevent such errors in complying with the provisions of 438
this section. 439
(m) Nothing in this section shall in any way restrict the rights and 440
remedies otherwise available to a judgment debtor or to any such 441
secured party at law or in equity. 442
Sec. 3. Subsection (d) of section 52-361a of the general statutes is 443
repealed and the following is substituted in lieu thereof (Effective October 444
1, 2023): 445
(d) The levying officer shall levy on all earnings which are due or 446
become due to the judgment debtor to the extent specified in the wage 447 Raised Bill No. 6786
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execution plus the levying officer's fee and [costs] any actual postage 448
costs incurred, until the judgment is satisfied, or the execution is 449
modified or set aside, by serving the employer with the wage execution, 450
the required notice of rights and the claim forms. On receipt thereof, the 451
employer shall forthwith deliver a copy thereof to the judgment debtor, 452
or mail such copy postage prepaid to the judgment debtor at his last-453
known address. On service of the wage execution on the employer, the 454
wage execution shall automatically be stayed for a period of twenty 455
days and shall thereafter immediately become a lien and continuing 456
levy on such portion of the judgment debtor's earnings as is specified in 457
the wage execution, provided if a claim is filed in accordance with 458
subsection (d) of section 52-361b within twenty days of such service on 459
the employer, the stay shall continue until determination of the claim. 460
Any service of process or other notice required under this section may 461
be made in accordance with section 52-57 or by certified mail, return 462
receipt requested, provided a levying officer may make such service by 463
mail to (1) an address within such officer's [appointed jurisdiction] 464
precinct or extension of precinct in accordance with section 52-56, or (2) 465
in a case involving an employer whose [address is not within such 466
levying officer's appointed jurisdiction, to the address designated by the 467
employer] payroll address is outside the state, to the out-of-state payroll 468
address designated by the employer. When service is made by the 469
serving officer by United States mail pursuant to this subsection, the 470
officer may under the levy collect the actual postage costs incurred. 471
Sec. 4. Section 52-50 of the general statutes is repealed and the 472
following is substituted in lieu thereof (Effective October 1, 2023): 473
(a) All process shall be directed to a state marshal, a constable or other 474
proper officer authorized by statute, or, subject to the provisions of 475
subsection (b) of this section, to an indifferent person. A direction on the 476
process "to any proper officer" shall be sufficient to direct the process to 477
a state marshal, constable or other proper officer. 478
(b) Process shall not be directed to an indifferent person unless [more 479
defendants than one are named in the process and are described to 480 Raised Bill No. 6786
LCO No. 4850 16 of 17
reside in different counties in the state, or unless, in case of a writ of 481
attachment, the plaintiff or one of the plaintiffs, or his or their agent or 482
attorney, makes oath before the authority signing the writ that the 483
affiant truly believes the plaintiff is in danger of losing his debt or 484
demand unless an indifferent person is deputed for the immediate 485
service of the writ or other process. The authority signing the writ shall 486
certify on the writ that he administered the oath and insert in the writ 487
the name of the person to whom it is directed, but he need not insert the 488
reason for such direction. Any process directed to an indifferent person 489
by reason of such an affidavit shall be abatable on proof that the party 490
making the affidavit did not have reasonable grounds, at the time of 491
making it, for believing the statements in the affidavit to be true.] 492
authorized by statute. Any indifferent person who, knowing that he is 493
not authorized to do so under this section or any other provision of the 494
general statutes, serves process shall be guilty of a class A misdemeanor. 495
(c) Service of motions for modification, motions for contempt and 496
wage withholdings in any matter involving a beneficiary of care or 497
assistance from the state and in other IV-D child support cases may be 498
made by any investigator employed by the Commissioner of 499
Administrative Services or the Commissioner of Social Services. 500
(d) Service of motions for modification, motions for contempt and 501
wage withholdings in any matter involving child support, including, 502
but not limited to, petitions for support authorized under sections 17b-503
745 and 46b-215, and those matters involving a beneficiary of care or 504
assistance from the state, and service of other process in IV-D support 505
cases, as defined in subdivision (13) of subsection (b) of section 46b-231, 506
may be made by a support enforcement officer or support services 507
investigator of the Superior Court. 508
(e) Borough bailiffs may, within their respective boroughs, execute all 509
legal process which state marshals or constables may execute. 510
Sec. 5. Subsection (c) of section 12-162 of the general statutes is 511
repealed and the following is substituted in lieu thereof (Effective October 512 Raised Bill No. 6786
LCO No. 4850 17 of 17
1, 2023): 513
(c) Any officer serving an alias tax warrant pursuant to this section 514
shall make return to the collector of such officer's actions thereon within 515
ten days of the completion of such service and shall be entitled to collect 516
from such person the fees allowed by law for serving executions issued 517
by any court. Any state marshal or constable, authorized as provided in 518
this section, who executes such warrant and collects any delinquent 519
municipal taxes or water or sanitation charges as a result thereof shall 520
receive, in addition to expenses otherwise allowed, a percentage of the 521
taxes or the water or sanitation charges collected pursuant to such 522
warrant, calculated at the rate applicable for the levy of an execution as 523
provided in section 52-261. [The minimum fee for such service shall be 524
thirty dollars.] Any officer unable to serve such warrant shall, within 525
sixty days after the date of issuance, return such warrant to the collector 526
and in writing state the reason it was not served. 527
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 52-367b
Sec. 2 October 1, 2023 52-367a
Sec. 3 October 1, 2023 52-361a(d)
Sec. 4 October 1, 2023 52-50
Sec. 5 October 1, 2023 12-162(c)
Statement of Purpose:
To revise statutory provisions relating to (1) service of executions on
financial institutions, (2) service of wage executions on employers, (3)
authorized service of process by indifferent persons, and (4) the fees for
service of tax warrants.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]