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Section 52-328 – Duration of attachment liens after judgment

May 11, 2021 | Civil Procedure, Connecticut

(a) Except as provided in subsection (c) of this section, no personal estate which has been attached may be held to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor takes out an execution and has it levied on the personal estate attached, or has demand made on the garnishee in cases of foreign attachment, within sixty days after final judgment, or, if such personal estate is encumbered by any prior attachment, unless the execution is so levied within sixty days after such encumbrance has been removed.
(b) No real estate that has been attached may be held subject to the attachment to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment.
(c) In case of a foreign attachment against an executor, administrator or trustee in insolvency, demand shall be made within the times limited in sections 52-389, 52-390 and 52-391.
(d) In determining the periods within which the attaching creditor is so required to take out and levy execution, any time during which the issue or levy of an execution may be prevented or stayed by the pendency of a writ of error, or by an injunction or other legal stay of execution, shall be excluded from the computation.

Conn. Gen. Stat. ยง 52-328

(1949 Rev., S. 8073; P.A. 84-527, S. 14; P.A. 05-288, S. 177.)

These periods enure successively to the benefit of each of several attaching creditors. 36 Conn. 582. Rights under second attachment, when lien of first is waived or lost. 3 C. 445; 9 C. 536; 16 C. 545; Id., 573. “Final judgment” defined. 1 R. 483; 17 C. 72; 105 C. 427. Return of execution to clerk of court need not be within 4 months. 13 Conn. 11. Gives attachment effect of lien. 85 C. 577. Lien exists from date of service. 74 Conn. 616. Is a lien as regards effect of foreclosure proceedings. 83 Conn. 514. Exception in last sentence refers to actual legal stays, not mere possibilities; hence extension of time which might have been given for perfecting appeal not included, if not actually secured; demand necessary to support scire facias, despite fact that garnishee has disposed of property within 60-day period, and only debts attached can be reached by that process. 97 C. 387. Section does not apply to filing of judgment lien certificate. 103 C. 739. Applies where bond substituted for foreign attachment; necessity for demand within 60 days. 104 Conn. 281. Demand on garnishee within period must be alleged in action of scire facias; “final judgment” is one upon which execution could be based; effect of appeal from city court of Norwalk as stay of execution. 105 Conn. 427. Compensation award becomes final judgment only at end of compensation period or when so modified as to fix a definite sum due and presently payable, and 60-day limitation begins to run from that date. 112 C. 370. Surety on the bond succeeds to and occupies the position of the garnishee and seasonable demand on the surety is a prerequisite to action against him on the bond even if a notice of lien on the property of the surety has been filed under Sec. 49-86. 147 Conn. 189. Cited. 159 C. 368; 187 C. 128; 209 Conn. 15; 238 Conn. 172; Id., 778. Execution may issue in all actions in personam whether or not there has been an attachment. 11 CS 263. Cited. 17 Conn.Supp. 475; 39 Conn.Supp. 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 Conn.Supp. 241. Subsec. (b): Creditor seeking to assert priority rights pursuant to section and Sec. 52-380a(b) must file a judgment lien within 4 months of a trial court’s final judgment in creditor’s favor, regardless of possible pendency of an appeal. 238 Conn. 172. Cited. 39 CA 518.