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 Section 52-367b of the general statutes is repealed and the 1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