Substitute House Bill No. 6786
Public Act No. 23-23
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 Section 52-367b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2023):
(a) Execution may be granted pursuant to this section against any
debts due from any financial institution to a judgment debtor who is [a
natural person] an individual, except to the extent such debts are
protected from execution by sections 52-352a, 52-352b, 52-352c of the
general statutes, revision of 1958, revised to 1983, 52-354 of the general
statutes, revision of 1958, revised to 1983, 52-361 of the general statutes,
revision of 1958, revised to 1983 and section 52-361a, as amended by this
act, as well as by any other laws or regulations of this state or of the
United States which exempt such debts from execution.
(b) (1) If execution is desired against any such debt, the plaintiff
requesting the execution shall make application to the clerk of the court.
The application shall be accompanied by a fee of one hundred five
dollars payable to the clerk of the court for the administrative costs of Substitute House Bill No. 6786
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complying with the provisions of this section, which fee may be
recoverable by the judgment creditor as a taxable cost of the action. In a
IV-D case, the request for execution shall be accompanied by an affidavit
signed by the serving officer attesting to an overdue support amount of
five hundred dollars or more which accrued after the entry of an initial
family support judgment. If the papers are in order, the clerk shall issue
such execution containing a direction that the officer serving such
execution shall, within seven days from the receipt by the serving officer
of such execution, make demand [(1)] (A) upon the main office of any
financial institution having its main office within the county of the
serving officer, [(2)] (B) if such main office is not within the serving
officer's county and such financial institution has one or more branch
offices within such county, upon an employee of such a branch office,
such employee and branch office having been designated by the
financial institution in accordance with regulations adopted by the
Banking Commissioner, in accordance with chapter 54, or [(3)] (C) only
upon demand of a financial institution which does not have any main
office or branch office in this state, by certified mail, return receipt
requested, for payment of any such nonexempt debt due to the
judgment debtor and, after having made such demand, shall serve a true
and attested copy of the execution, together with the affidavit and
exemption claim form prescribed by subsection (k) of this section, with
the serving officer's actions endorsed thereon, with the financial
institution upon whom such demand is made. When service is made by
the serving officer by certified mail pursuant to subparagraph (C) of this
subdivision, the officer may collect the actual postage costs incurred, in
addition to the serving officer's fee, from the amount removed from the
judgment debtor's account, if any, pursuant to subsection (h) of this
section. The serving officer shall not serve more than one financial
institution execution per judgment debtor at a time, including copies
thereof. After service of an execution on one financial institution, the
serving officer shall not serve the same execution or a copy thereof upon
another financial institution until receiving confirmation from the Substitute House Bill No. 6786
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preceding financial institution that the judgment debtor had insufficient
funds at the preceding financial institution available for collection to
satisfy the execution, provided any such additional service is made not
later than forty-five days from the receipt by the serving officer of such
execution. The financial institution shall provide the serving officer a
response to the service of such execution in accordance with subdivision
(2) of this subsection. After service of an execution on a financial
institution, the serving officer shall not subsequently serve the same
execution or a copy thereof upon such financial institution if an
electronic direct deposit that is readily identifiable as exempt from
execution was made to the judgment debtor's account during the look-
back period, as described in subsection (c) of this section. If no such
deposit was made, the serving officer may subsequently serve the same
execution or a copy thereof upon such institution, provided such
execution has not expired or otherwise become unenforceable.
(2) Not later than the seventh business day after the service of an
execution upon a financial institution, the financial institution shall send
to the serving officer by first class mail, postage prepaid, (A) if the
financial institution has removed funds from the judgment debtor's
account pursuant to the execution and this section, a notice stating the
amount of funds removed from the judgment debtor's account and
referencing the docket number, if provided by the judgment creditor on
the execution form, or (B) if the judgment debtor is not indebted to the
financial institution or if the financial institution has not removed funds
from the judgment debtor's account pursuant to the execution and this
section, a complete set of all the documents served on the financial
institution by the serving officer, including the cover page of the serving
officer, with endorsements from other financial institutions, as the case
may be, the original true and attested copy of the execution served on
the financial institution, and the affidavit and exemption claim form
prescribed by subsection (k) of this section. The response of the financial
institution pursuant to subparagraph (B) of this subdivision shall Substitute House Bill No. 6786
Public Act No. 23-23 4 of 21
include a notation on the serving officer's cover page, or at the financial
institution's option, on a separate document prepared by the financial
institution, to the effect that the judgment debtor does not have an
account with the financial institution or that no funds were removed
from the account, provided that such separate document shall be affixed
to, or enclosed contiguous to the financial institution's return of a
particular execution to the serving officer pursuant to this subsection.
The financial institution shall maintain reasonable procedures to
prevent the resubmission of a response provided to the serving officer
pursuant to subparagraph (B) of this subdivision. As used in this
section, "business day" has the same meaning as provided in section 36a-
330.
(c) (1) Except as provided in subdivision (2) of this subsection, if any
such financial institution upon which such execution is served and upon
which such demand is made is indebted to the judgment debtor, the
financial institution shall remove from the judgment debtor's account
the amount of such indebtedness not exceeding the amount due on such
execution before its midnight deadline, as defined in section 42a-4-104.
(2) Notwithstanding the provisions of subdivision (1) of this
subsection, the financial institution shall leave in the judgment debtor's
account (A) the full amount of electronic direct deposits that are readily
identifiable as exempt federal veterans' benefits, Social Security benefits,
including, but not limited to, retirement, survivors' and disability
benefits, supplemental security income benefits, exempt benefits paid
by the federal Railroad Retirement Board or the federal Office of
Personnel Management, unemployment compensation benefits exempt
under section 52-352b, and child support payments processed and
received pursuant to Title IV-D of the Social Security Act, and (B) the
amount of electronic direct deposits, not to exceed one thousand dollars,
that are readily identifiable as wages, provided such deposits were
made to the judgment debtor's account during the look-back period of Substitute House Bill No. 6786
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two months preceding the date that the execution was served on the
financial institution, or, with regard to federal benefits, such greater
period as required by federal law. If no such deposits have been made
to the judgment debtor's account during the look-back period, or if such
readily identifiable funds are less than one thousand dollars, the
financial institution shall leave in the judgment debtor's account as
exempt pursuant to subdivision (18) of section 52-352b the lesser of the
account balance or one thousand dollars in the aggregate. To the extent
that such funds are left in the judgment debtor's account as exempt
pursuant to subdivision (18) of section 52-352b, the provisions of said
subsection shall not be the basis for a claim of exemption pursuant to
this subsection in response to a levy of execution.
(3) Nothing in this subsection shall be construed to limit a financial
institution's right or obligation to remove such funds from the judgment
debtor's account if required by any other provision of law or by a court
order. The judgment debtor shall have full and customary access to such
funds left in the judgment debtor's account pursuant to this subsection.
The financial institution may notify the judgment creditor that funds
have been left in the judgment debtor's account pursuant to this
subsection. Nothing in this subsection shall alter the exempt status of
funds which are exempt from execution under subsection (a) of this
section or under any other provision of state or federal law, or the right
of a judgment debtor to claim such exemption. Nothing in this
subsection shall be construed to affect any other rights or obligations of
the financial institution with regard to the funds in the judgment
debtor's account.
(d) (1) If any funds are removed from the judgment debtor's account
pursuant to subsection (c) of this section, upon receipt of the execution
and exemption claim form from the serving officer, the financial
institution shall [(1)] (A) forthwith mail copies thereof, postage prepaid,
to the judgment debtor and to any secured party that is party to a control Substitute House Bill No. 6786
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agreement between the financial institution and such secured party
under article 9 of title 42a at the last-known address of the judgment
debtor and of any such secured party with respect to the affected
accounts on the records of the financial institution, and [(2)] (B) mail
notice to the judgment debtor as required by 31 CFR 212.6 and 212.7.
The financial institution may note that funds have been removed from
the judgment debtor's account on any records for such account,
including electronic records, available to the judgment debtor, but shall
not display, or otherwise provide to the judgment debtor, the name or
contact information of the serving officer. The financial institution shall
hold the amount removed from the judgment debtor's account pursuant
to subsection (c) of this section for fifteen days from the date of the
mailing to the judgment debtor and any such secured party, and during
such period shall not pay the serving officer.
(2) In the event the judgment debtor directs questions to the financial
institution concerning the execution, the financial institution may
instruct the judgment debtor to direct such questions regarding the
execution to the judgment creditor or the judgment creditor's attorney
at the telephone number provided on the execution. The financial
institution may also direct the judgment debtor to direct such questions
to the applicable clerk of the court identified on the execution form.
(e) To prevent the financial institution from paying the serving
officer, as provided in subsection (h) of this section, the judgment debtor
shall give notice of a claim of exemption by delivering to the financial
institution, by mail or other means, the exemption claim form or other
written notice that an exemption is being claimed and any such secured
party shall give notice of its claim of a prior perfected security interest
in such deposit account by delivering to the financial institution, by mail
or other means, written notice thereof. The financial institution may
designate an address to which the notice of a claim of exemption, or a
secured party claim notice, shall be delivered. Upon receipt of such Substitute House Bill No. 6786
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notice, the financial institution shall, within two business days, send a
copy of such notice to the clerk of the court which issued the execution,
and send a copy of such notice, or a separate notice prepared by the
financial institution indicating that the judgment debtor has submitted
a claim of exemption, to the serving officer.
(f) (1) Upon receipt of an exemption claim form or a secured party
claim notice, the clerk of the court shall enter the appearance of the
judgment debtor or such secured party with the address set forth in the
exemption claim form or secured party claim notice. The clerk shall
forthwith send file-stamped copies of the exemption claim form or
secured party claim notice to the judgment creditor and judgment
debtor with a notice stating that the disputed funds are being held for
forty-five days from the date the exemption claim form or secured party
claim notice was received by the financial institution or until a court
order is entered regarding the disposition of the funds, whichever
occurs earlier, and the clerk shall promptly schedule the matter for a
hearing. The claim of exemption filed by such judgment debtor shall be
prima facie evidence at such hearing of the existence of the exemption.
(2) Upon receipt of notice from the financial institution pursuant to
subsection (c) of this section, a judgment creditor may, on an ex parte
basis, present to a judge of the Superior Court an affidavit sworn under
oath by a competent party demonstrating a reasonable belief that such
judgment debtor's account contains funds which are not exempt from
execution and the amount of such nonexempt funds. Such affidavit shall
not be conclusory but is required to show the factual basis upon which
the reasonable belief is based. If such judge finds that the judgment
creditor has demonstrated a reasonable belief that such judgment
debtor's account contains funds which are not exempt from execution,
such judge shall authorize the judgment creditor to submit a written
application to the clerk of the court for a hearing on the exempt status
of funds left in the judgment debtor's account pursuant to subsection (c) Substitute House Bill No. 6786
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of this section. The judgment creditor shall promptly send a copy of the
application and the supporting affidavit to the judgment debtor and to
any secured party shown on a secured party claim notice sent to the
judgment creditor pursuant to subdivision (1) of this subsection. Upon
receipt of such application, the clerk of the court shall promptly
schedule the matter for a hearing and shall give written notice to the
judgment creditor, the judgment debtor and any secured party shown
on a secured party claim notice received by the clerk of the court. The
notice to the judgment creditor pursuant to subsection (c) of this section
shall be prima facie evidence at such hearing that the funds in the
account are exempt funds. The burden of proof shall be upon the
judgment creditor to establish the amount of funds which are not
exempt.
(g) If an exemption claim is made or a secured party claim notice is
given pursuant to subsection (e) of this section, the financial institution
shall continue to hold the amount removed from the judgment debtor's
account for forty-five days or until a court order is received regarding
disposition of the funds, whichever occurs earlier. If no such order is
received within forty-five days of the date the financial institution sends
a copy of the exemption claim form or notice of exemption or a secured
party claim notice to the clerk of the court, the financial institution shall
return the funds to the judgment debtor's account.
(h) If no claim of exemption or secured party claim notice is received
by the financial institution within fifteen days of the mailing to the
judgment debtor and any secured party of the execution and exemption
claim form pursuant to subsection (d) of this section, the financial
institution shall, upon demand, forthwith pay the serving officer the
amount removed from the judgment debtor's account, and the serving
officer shall thereupon pay such sum, less such serving officer's fees and
costs owing to such serving officer under this section, to the judgment
creditor, except to the extent otherwise ordered by a court. Substitute House Bill No. 6786
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(i) The court, after a hearing conducted pursuant to subsection (f) of
this section, shall enter an order determining the issues raised by the
claim of exemption and claim by a secured party of a prior perfected
security interest in such deposit account. The clerk of the court shall
forthwith send a copy of such order to the financial institution. Such
order shall be deemed to be a final judgment for the purposes of appeal.
No appeal shall be taken except within seven days of the rendering of
the order. The order of the court may be implemented during such
seven-day period, unless stayed by the court.
(j) Except as otherwise provided in subsection (c) of this section, if
both exempt and nonexempt moneys have been deposited into an
account, for the purposes of determining which moneys are exempt
under this section, the moneys most recently deposited as of the time
the execution is served shall be deemed to be the moneys remaining in
the account.
(k) The execution, exemption claim form and clerk's notice regarding
the filing of a claim of exemption shall be in such form as prescribed by
the judges of the Superior Court or their designee. The exemption claim
form shall be dated and include a checklist and description of the most
common exemptions, instructions on the manner of claiming the
exemptions and a space for the judgment debtor to certify those
exemptions claimed under penalty of false statement.
(l) If records or testimony are subpoenaed from a financial institution
in connection with a hearing conducted pursuant to subsection (f) of this
section, the reasonable costs and expenses of the financial institution in
complying with the subpoena shall be recoverable by the financial
institution from the party requiring such records or testimony,
provided, the financial institution shall be under no obligation to
attempt to obtain records or documentation relating to the account
executed against which are held by any other financial institution. The
records of a financial institution as to the dates and amounts of deposits Substitute House Bill No. 6786
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into an account in the financial institution shall, if certified as true and
accurate by an officer of the financial institution, be admissible as
evidence without the presence of the officer in any hearing conducted
pursuant to subsection (f) of this section to determine the legitimacy of
a claim of exemption made under this section.
(m) If there are moneys to be removed from the judgment debtor's
account, prior to the removal of such moneys pursuant to subsection (c)
of this section, the financial institution shall receive from the serving
officer as representative of the judgment creditor a fee of eight dollars
for the financial institution's costs in complying with the provisions of
this section which fee (1) shall be deducted by the financial institution
from the amount that is paid to the serving officer pursuant to this
section, and (2) may be recoverable by the judgment creditor as a taxable
cost of the action. Such fee shall not be considered a deposit account
charge pursuant to section 36a-316.
(n) If the financial institution fails or refuses to pay over to the serving
officer the amount of such debt, not exceeding the amount due on such
execution, such financial institution shall be liable in an action therefor
to the judgment creditor named in such execution for the amount of
nonexempt moneys which the financial institution failed or refused to
pay over, excluding funds of up to one thousand dollars which the
financial institution in good faith allowed the judgment debtor to access
pursuant to subsection (c) of this section. The amount so recovered by
such judgment creditor shall be applied toward the payment of the
amount due on such execution. Thereupon, the rights of the financial
institution shall be subrogated to the rights of the judgment creditor. If
such financial institution pays exempt moneys from the account of the
judgment debtor over to the serving officer contrary to the provisions of
this section, such financial institution shall be liable in an action therefor
to the judgment debtor for any exempt moneys so paid and such
financial institution shall refund or waive any charges or fees by the Substitute House Bill No. 6786
Public Act No. 23-23 11 of 21
financial institution, including, but not limited to, dishonored check
fees, overdraft fees or minimum balance service charges and legal
process fees, which were assessed as a result of such payment of exempt
moneys. Thereupon, the rights of the financial institution shall be
subrogated to the rights of the judgment debtor.
(o) Except as provided in subsection (n) of this section, no financial
institution or any officer, director or employee of such financial
institution shall be liable to any person with respect to any act done or
omitted in good faith or through the commission of a bona fide error
that occurred despite reasonable procedures maintained by the financial
institution to prevent such errors in complying with the provisions of
this section.
(p) Nothing in this section shall in any way restrict the rights and
remedies otherwise available to a judgment debtor or any such secured
party at law or in equity.
(q) Nothing in this section shall in any way affect any rights of the
financial institution with respect to uncollected funds credited to the
account of the judgment debtor, which rights shall be superior to those
of the judgment creditor.
(r) For the purposes of this subsection, "exempt" has the same
meaning as provided in subdivision (3) of section 52-352a. Funds
deposited in an account that has been established for the express
purpose of receiving electronic direct deposits of public assistance or of
Title IV-D child support payments from the Department of Social
Services shall be exempt.
Sec. 2. Section 52-367a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2023):
(a) As used in this section and section 52-367b, as amended by this
act, "financial institution" means any bank, savings bank, savings and Substitute House Bill No. 6786
Public Act No. 23-23 12 of 21
loan association or credit union organized, chartered or licensed under
the laws of this state or the United States and having its main office in
this state, any similar out-of-state institution having a branch office in
this state or any similar out-of-state institution having no main office
or branch office in this state and where transactions are made via the
Internet or electronic means.
(b) (1) Execution may be granted pursuant to this section against any
debts due from any financial institution to a judgment debtor which is
not [a natural person] an individual. If execution is desired against any
such debt, the plaintiff requesting the execution shall make application
to the clerk of the court. The application shall be accompanied by a fee
of one hundred five dollars payable to the clerk of the court for the
administrative costs of complying with the provisions of this section
which fee may be recoverable by the judgment creditor as a taxable cost
of the action. The clerk shall issue such execution containing a direction
that the officer serving such execution shall make demand [(1)] (A) upon
the main office of any financial institution having its main office within
the county of the serving officer, [(2)] (B) if such main office is not within
the serving officer's county and such financial institution has one or
more branch offices within such county, upon an employee of such a
branch office, such employee and branch office having been designated
by the financial institution in accordance with regulations adopted by
the Banking Commissioner, in accordance with chapter 54, or [(3)] (C)
only upon demand of a financial institution which does not have any
main office or branch office in this state, by certified mail, return receipt
requested, for the payment of any debt due to the judgment debtor, and,
after having made such demand, shall serve a true and attested copy
thereof, with the serving officer's actions thereon endorsed, with the
financial institution upon whom such demand is made. When service is
made by the serving officer by certified mail pursuant to subparagraph
(C) of this subdivision, the serving officer may collect the actual postage
costs incurred, in addition to the serving officer's fee, from the amount Substitute House Bill No. 6786
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removed from the judgment debtor's account, if any, pursuant to
subsection (c) of this section. The serving officer shall not serve more
than one financial institution execution per judgment debtor at a time,
including copies thereof. After service of an execution on one financial
institution, the serving officer shall not serve the same execution or a
copy thereof upon another financial institution until receiving
confirmation from the preceding financial institution that the judgment
debtor had insufficient funds at the preceding financial institution
available for collection to satisfy the execution. [If the serving officer
does not receive within twenty-five days of the service of the demand a
response from the financial institution that was served indicating
whether or not the taxpayer has funds at the financial institution
available for collection, the serving officer may assume that sufficient
funds are not available for collection and may proceed to serve another
financial institution in accordance with this subsection.] The financial
institution shall provide the serving officer a response to the service of
such execution in accordance with subdivision (2) of this subsection.
(2) Not later than the seventh business day after the service of an
execution upon a financial institution, the financial institution shall send
to the serving officer by first class mail, postage prepaid, (A) if the
financial institution has removed funds from the judgment debtor's
account pursuant to the execution and this section, a notice stating the
amount of funds removed from the judgment debtor's account and
referencing the docket number, if provided by the judgment creditor on
the execution form, or (B) if the judgment debtor is not indebted to the
financial institution or if the financial institution has not removed funds
from the judgment debtor's account pursuant to the execution and this
section, a complete set of all the documents served on the financial
institution by the serving officer, including the cover page of the serving
officer, with endorsements from other financial institutions, as the case
may be, and the original true and attested copy of the execution served
on the financial institution. The response of the financial institution Substitute House Bill No. 6786
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pursuant to subparagraph (B) of this subdivision shall include a
notation on the serving officer's cover page, or at the financial
institution's option, on a separate document prepared by the financial
institution, to the effect that the judgment debtor does not have an
account with the financial institution or that no funds were removed
from the account, provided that such separate document be affixed to,
or enclosed contiguous to the financial intuition's return of a particular
execution to the serving officer pursuant to this subsection. The financial
institution shall maintain reasonable procedures to prevent the
resubmission of a response provided to the serving officer pursuant to
subparagraph (B) of this subdivision. As used in this section, "business
day" has the same meaning as provided in section 36a-330.
(c) If any such financial institution upon which such execution is
served and upon which such demand is made is indebted to the
judgment debtor, the financial institution shall remove from the
judgment debtor's account the amount of such indebtedness not
exceeding the amount due on such execution. Except as provided in
subsection (d) of this section, the financial institution shall immediately
pay to such serving officer the amount removed from the judgment
debtor's account, which amount shall be received and applied on such
execution by such serving officer. Such financial institution shall act
upon such execution according to section 42a-4-303 before its midnight
deadline, as defined in section 42a-4-104. Nothing in this subsection
shall be construed to affect any other rights or obligations of the
financial institution with regard to funds in the judgment debtor's
account.
(d) If the deposit account is subject to a security interest of a secured
party, other than the financial institution upon which such execution is
served and upon which such demand is made, pursuant to a control
agreement between the financial institution and such secured party
under article 9 of title 42a, and if any funds are removed from the Substitute House Bill No. 6786
Public Act No. 23-23 15 of 21
judgment debtor’s account pursuant to subsection (c) of this section, the
financial institution shall forthwith mail a copy of the execution when
received from the serving officer, postage prepaid, to the judgment
debtor and to such other secured party at the last-known address of such
parties with respect to the affected accounts on the records of the
financial institution. The financial institution shall hold the amount
removed from the judgment debtor's account pursuant to subsection (c)
of this section for twenty days from the date of the mailing to the
judgment debtor and such other secured party, and during such period
shall not pay the serving officer.
(e) To prevent the financial institution from paying the serving
officer, as provided in subsection (h) of this section, such other secured
party shall give notice of its prior perfected security interest in such
deposit account, by delivering to the clerk of the court that issued the
execution a written claim for determination of interests in property
pursuant to section 52-356c and by delivering a copy of such claim to
the financial institution upon which such execution is served.
(f) Upon receipt of a written claim for determination of interests in
property made pursuant to subsection (e) of this section, the clerk of the
court shall enter the appearance of the secured party with the address
set forth in the written claim. The clerk shall forthwith send file-stamped
copies of the written claim to the judgment creditor, the judgment
debtor and the financial institution upon which such execution was
served with a notice stating that the disputed funds are being held until
a court order is entered regarding the disposition of the funds. The
judgment creditor shall thereafter send a copy of such written claim to
the serving officer.
(g) If a written claim for determination of interests in property is
made pursuant to subsection (e) of this section, the financial institution
shall continue to hold the amount removed from the judgment debtor's
account until a court order is received regarding disposition of the Substitute House Bill No. 6786
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funds.
(h) If no written claim for determination of interests in property is
made pursuant to subsection (e) of this section, the financial institution
shall, upon demand, forthwith pay the serving officer the amount
removed from the judgment debtor's account, and the serving officer
shall thereupon pay such sum, less such serving officer's fees, to the
judgment creditor, except to the extent otherwise ordered by a court.
(i) If a written claim for determination of interests in property is made
pursuant to subsection (e) of this section, the clerk of the court, after a
judgment or order is entered pursuant to section 52-356c, shall forthwith
send a copy of such judgment or order to the financial institution. Such
judgment or order shall be deemed to be a final judgment for the
purposes of appeal. No appeal shall be taken except within seven days
of the rendering of the judgment or order. The judgment or order of the
court may be implemented during such seven-day period, unless stayed
by the court.
(j) If records or testimony are subpoenaed from a financial institution
in connection with a hearing conducted pursuant to section 52-356c on
a written claim for determination of interests in property made pursuant
to subsection (e) of this section, the reasonable costs and expenses of the
financial institution in complying with the subpoena shall be
recoverable by the financial institution from the party requiring such
records or testimony, provided the financial institution shall be under
no obligation to attempt to obtain records or documentation relating to
the account executed against that are held by any other financial
institution. The records of a financial institution as to the dates and
amounts of deposits into an account in the financial institution shall, if
certified as true and accurate by an officer of the financial institution, be
admissible as evidence without the presence of the officer in any hearing
conducted pursuant to section 52-356c to determine the legitimacy of a
claim of an interest in property made under subsection (e) of this section. Substitute House Bill No. 6786
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(k) If such financial institution fails or refuses to pay over to such
serving officer the amount of such debt, not exceeding the amount due
on such execution, such financial institution shall be liable in an action
therefor to the judgment creditor named in such execution, and the
amount so recovered by such judgment creditor shall be applied toward
the payment of the amount due on such execution.
(l) Except as provided in subsection (k) of this section, no financial
institution or any officer, director or employee of such financial
institution shall be liable to any person with respect to any act done or
omitted in good faith or through the commission of a bona fide error
that occurred despite reasonable procedures maintained by the financial
institution to prevent such errors in complying with the provisions of
this section.
(m) Nothing in this section shall in any way restrict the rights and
remedies otherwise available to a judgment debtor or to any such
secured party at law or in equity.
Sec. 3. Subsection (d) of section 52-361a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2023):
(d) The levying officer shall levy on all earnings which are due or
become due to the judgment debtor to the extent specified in the wage
execution plus the levying officer's fee and [costs] any actual postage
costs incurred in accordance with this section, until the judgment is
satisfied, or the execution is modified or set aside, by serving the
employer with the wage execution, the required notice of rights and the
claim forms. On receipt thereof, the employer shall forthwith deliver a
copy thereof to the judgment debtor, or mail such copy postage prepaid
to the judgment debtor at his last-known address. On service of the
wage execution on the employer, the wage execution shall automatically
be stayed for a period of twenty days and shall thereafter immediately Substitute House Bill No. 6786
Public Act No. 23-23 18 of 21
become a lien and continuing levy on such portion of the judgment
debtor's earnings as is specified in the wage execution, provided if a
claim is filed in accordance with subsection (d) of section 52-361b within
twenty days of such service on the employer, the stay shall continue
until determination of the claim. If the levying officer has served the
employer of the judgment debtor in accordance with this section, and
the debt is later satisfied in whole or in part by payment directly to the
creditor or creditor's agent instead of the levying officer, the creditor or
the creditor's agent is responsible for payment of the levying officer's fee
or portion thereof, and any actual postage costs incurred in accordance
with this section. Any service of process or other notice required under
this section may be made in accordance with section 52-57 or by certified
mail, return receipt requested, provided a levying officer may make
such service by mail to (1) an address within such officer's [appointed
jurisdiction] precinct or extension of precinct in accordance with section
52-56, as amended by this act, or (2) in a case involving an employer
whose [address is not within such levying officer's appointed
jurisdiction, to the address designated by the employer] payroll address
is outside the state, to the out-of-state payroll address designated by the
employer. When service is made by the serving officer by certified mail,
return receipt requested, pursuant to this subsection, the officer may
under the levy first collect the actual postage costs incurred.
Sec. 4. Section 52-50 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2023):
(a) All process shall be directed to a state marshal, a constable or other
proper officer authorized by statute, or, subject to the provisions of
subsection (b) of this section, to an indifferent person. A direction on the
process "to any proper officer" shall be sufficient to direct the process to
a state marshal, constable or other proper officer.
(b) Process shall not be directed to an indifferent person unless [more
defendants than one are named in the process and are described to Substitute House Bill No. 6786
Public Act No. 23-23 19 of 21
reside in different counties in the state, or unless, in case of a writ of
attachment, the plaintiff or one of the plaintiffs, or his or their agent or
attorney, makes oath before the authority signing the writ that the
affiant truly believes the plaintiff is in danger of losing his debt or
demand unless an indifferent person is deputed for the immediate
service of the writ or other process. The authority signing the writ shall
certify on the writ that he administered the oath and insert in the writ
the name of the person to whom it is directed, but he need not insert the
reason for such direction. Any process directed to an indifferent person
by reason of such an affidavit shall be abatable on proof that the party
making the affidavit did not have reasonable grounds, at the time of
making it, for believing the statements in the affidavit to be true]
authorized by statute. Any indifferent person who, knowing that he is
not authorized to do so under this section or any other provision of the
general statutes, serves process shall be guilty of a class A misdemeanor.
(c) Service of motions for modification, motions for contempt and
wage withholdings in any matter involving a beneficiary of care or
assistance from the state and in other IV-D child support cases may be
made by any investigator employed by the Commissioner of
Administrative Services or the Commissioner of Social Services.
(d) Service of motions for modification, motions for contempt and
wage withholdings in any matter involving child support, including,
but not limited to, petitions for support authorized under sections 17b-
745 and 46b-215, and those matters involving a beneficiary of care or
assistance from the state, and service of other process in IV-D support
cases, as defined in subdivision (13) of subsection (b) of section 46b-231,
may be made by a support enforcement officer or support services
investigator of the Superior Court.
(e) Borough bailiffs may, within their respective boroughs, execute all
legal process which state marshals or constables may execute. Substitute House Bill No. 6786
Public Act No. 23-23 20 of 21
Sec. 5. Subsection (c) of section 12-162 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2023):
(c) Any officer serving an alias tax warrant pursuant to this section
shall make return to the collector of such officer's actions thereon within
ten days of the completion of such service and shall be entitled to collect
from such person the fees allowed by law for serving executions issued
by any court. Any state marshal or constable, authorized as provided in
this section, who executes such warrant and collects any delinquent
municipal taxes or water or sanitation charges as a result thereof shall
receive, in addition to expenses otherwise allowed, a percentage of the
taxes or the water or sanitation charges collected pursuant to such
warrant, calculated at the rate applicable for the levy of an execution as
provided in section 52-261. [The minimum fee for such service shall be
thirty dollars.] Any officer unable to serve such warrant shall, within
sixty days after the date of issuance, return such warrant to the collector
and in writing state the reason it was not served.
Sec. 6. Subsection (c) of section 52-56 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2023):
(c) In any action where process is permitted to be served upon the
Secretary of the State, the Commissioner of Motor Vehicles, the Attorney
General, [or] the Insurance Commissioner or the Comptroller, service of
such process may be made by any officer of any precinct having such
process in his hands for service. Service by an officer upon the Secretary
of the State, the Commissioner of Motor Vehicles, the Attorney General,
[or] the Insurance Commissioner or the Comptroller pursuant to this
subsection shall constitute the commencement of service within such
officer's precinct and such officer may then complete service as
provided in subsection (a) or (b) of this section. Substitute House Bill No. 6786
Public Act No. 23-23 21 of 21