Section 52-367a - Execution against debts due from financial institution. Judgment debtor other than individual(a) As used in this section and section 52-367b, "financial institution" means any bank, savings bank, savings and 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 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 (A) upon the main office of any financial institution having its main office within the county of the serving officer, (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 (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 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. 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 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 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 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.(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.Conn. Gen. Stat. § 52-367a
(1963, P.A. 44; February, 1965, P.A. 63, S. 1; P.A. 78-121, S. 78, 113; P.A. 81-352, S. 1; P.A. 83-384, S. 1; P.A. 84-546, S. 117, 173; P.A. 87-9, S. 2, 3; 87-569, S. 1; P.A. 97-158 ; P.A. 03-2 , S. 48 ; 03-62 , S. 22 ; 03-84 , S. 40 ; 03-224 , S. 12 ; P.A. 04-257 , S. 80 ; P.A. 07-111 , S. 3 ; June Sp. Sess. P.A. 09-3 , S. 138 ; P.A. 12-89 , S. 6 , 13 ; P.A. 14-217 , S. 260 ; P.A. 16-26 , S. 7 .)
Amended by P.A. 23-0023, S. 2 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.Amended by P.A. 19-0041, S. 1 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 16-0026, S. 7 of the Connecticut Acts of the 2016 Regular Session, eff. 7/1/2016.Amended by P.A. 14-0217, S. 260 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.Amended by P.A. 12-0089, S. 6 of the the 2012 Regular Session, eff. 7/1/2012.Amended by P.A. 09-0003, S. 138 of the June 2009 Sp. Sess., eff. 9/9/2009. Cited. 181 C. 125 ; 230 C. 486 ; 2 32 Conn. 167 ; 240 Conn. 343 . Requirements and obligations imposed by statute do not apply to any portion of depositor's account that does not represent a debt due from bank to the depositor. 67 CA 588 .