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Section 52-278a – Definitions

May 11, 2021 | Civil Procedure, Connecticut

The following terms, as used in sections 52-278a to 52-278g, inclusive, shall have the following meanings, unless a different meaning is clearly indicated from the context:

(a) “Commercial transaction” means a transaction which is not a consumer transaction.
(b) “Consumer transaction” means a transaction in which a natural person obligates himself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.
(c) “Person” means and includes individuals, partnerships, associations, limited liability companies and corporations.
(d) “Prejudgment remedy” means any remedy or combination of remedies that enables a person by way of attachment, foreign attachment, garnishment or replevin to deprive the defendant in a civil action of, or affect the use, possession or enjoyment by such defendant of, his property prior to final judgment but shall not include a temporary restraining order.
(e) “Property” means any present or future interest in real or personal property, goods, chattels or choses in action, whether such is vested or contingent.

Conn. Gen. Stat. ยง 52-278a

(P.A. 73-431, S. 1, 8; 73-616, S. 65, 67; P.A. 86-403, S. 84, 132; P.A. 95-79, S. 176, 189.)

Cited. 172 C. 577; 176 C. 432; 178 C. 393; 181 C. 524; 184 C. 85; 188 C. 69; 196 Conn. 359; 208 C. 13; 220 C. 904; 222 C. 361; Id., 541; 238 C. 172. Cited. 4 CA 510; 5 Conn.App. 296; 6 CA 591; 14 CA 579; 19 CA 256; 28 CA 809; 29 CA 48; 32 Conn.App. 118; 46 CA 399. Self-help repossession is not covered by prejudgment remedies act. 31 CS 152. Cited. 38 CS 98. Subdiv. (d): “Combination” of prejudgment remedies limited to combination of the four remedies enumerated in definition of “prejudgment remedy”. 261 C. 721. May not be extended to include a temporary injunction so as to permit appeal of an injunction under Sec. 52-278l. 25 Conn.App. 28. Meaning of “final judgment” discussed; prejudgment remedy available to prevailing plaintiff while case on appeal. 35 CS 49.