Section 52-278g – Motion to preserve existing prejudgment remedies

May 11, 2021 | Civil Procedure, Connecticut

A plaintiff who has secured a prejudgment remedy prior to May 30, 1973, may make a motion to the court in which such action is pending for a hearing as set forth in section 52-278d with notice thereof to the defendant or his attorney. If the court, upon consideration of the facts before it, finds that the plaintiff has shown probable cause to sustain the validity of his claim, such prejudgment remedy secured shall be effective from the date of such hearing and an order to that effect shall be issued by the court. Any such prejudgment remedy which is not perfected on or before October 1, 1977, shall be void and of no effect.

Conn. Gen. Stat. ยง 52-278g

(P.A. 73-431, S. 7, 8; P.A. 77-156, S. 1, 2.)

Dissolution of attachments is limited to causes provided for by statute; section does not require dissolution of preexisting attachments, and is read as permitting validation of preexisting attachments. 168 C. 41. Cited. 176 Conn. 432; 181 Conn. 42; Id., 524; 184 Conn. 85; 188 Conn. 69; 208 Conn. 13; 222 Conn. 361. Cited. 6 Conn.App. 591; 14 Conn.App. 579; 28 Conn.App. 809; 32 Conn.App. 118. Notice sufficient to satisfy due process requirements involved in a prejudgment attachment is provided for in Sec. 52-278g. 32 Conn.Supp. 13. Cited. 38 Conn.Supp. 98.