Sec. 31-355a. Collection of moneys owed to the Second Injury Fund. Tax warrants. Lien. Foreclosure.
Sec. 31-355a. Collection of moneys owed to the Second Injury Fund. Tax warrants. Lien. Foreclosure. (a) Whenever the Second Injury Fund is required, pursuant
to section 31-355 or subsection (c) of section 31-349, to pay benefits or compensation
mandated by the provisions of this chapter for any employer or insurer who fails or is
unable to make such payments, the amount so paid by the fund shall be collectible by
any means provided by law for the collection of any tax due the state of Connecticut or
any subdivision thereof, including any means provided by section 12-35. Tax warrants
referred to in said section 12-35 may be signed by the State Treasurer.
(b) Any such amount due shall be a lien from the due date until discharged by
payment against all the property of the employer or insurer within the state, whether real
or personal, except such as is exempt from execution, including debts to the employer or
insurer, and a certificate of such lien without specifically describing such real or personal
property, signed by the State Treasurer, may be filed in the office of the clerk of any
town in which such real property is situated, or, in the case of personal property, in the
office of the Secretary of the State, which lien shall be effective from the date on which
it is recorded. When any such amount with respect to which a lien has been recorded
under the provisions of this section has been satisfied, the State Treasurer, upon request
of any interested party, shall issue a certificate discharging such lien. Any action for the
foreclosure of such lien shall be brought by the Attorney General in the name of the
state in the superior court for the judicial district in which the property subject to such
lien is situated or, if such property is located in two or more judicial districts, in the
superior court for any one such judicial district and the court may limit the time for
redemption or order the sale of such property or pass such other or further decree as it
judges equitable. When the property to be liened is concealed in the hands of an agent
or trustee so that it cannot be found or attached, or is a debt due to the employer, the
certificate of lien may be filed by leaving a copy thereof with such agent, trustee or
debtor, or by mailing to him a copy thereof by registered or certified mail, and from the
time of the receipt of such lien all the effects of the employer or insurer in the hands of
such agent or trustee and any debt due from such debtor to the employer or insurer shall
be secured in the hands of such agent, trustee or debtor to pay the amount secured by
such lien. The payment by such agent, trustee or debtor to the State Treasurer shall
discharge him of his liability to the employer or insurer to the extent thereof. The State
Treasurer may require such agent, trustee or debtor to disclose under oath within ten
days whether he has in his hands the goods or effects of the employer or insurer or is
indebted to him. If such agent, trustee or debtor fails to disclose or, having disclosed,
fails to turn over such effects or pay to the State Treasurer the amount of his indebtedness
to the employer or insurer, the lien shall have the effect of a judgment and the State
Treasurer may proceed against him by scire facias taken out from the clerk of the superior
court for the judicial district of Hartford in the manner provided in chapter 905 for scire
facias against a garnishee.
(P.A. 86-173; P.A. 88-47, S. 2; 88-230, S. 1, 12; 88-364, S. 49, 123; P.A. 90-98, S. 1, 2; P.A. 91-207, S. 8, 9; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: P.A. 88-47 added the reference to Subsec. (c) of Sec. 31-349; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364 made a technical change in
Subsec. (b); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A.
91-207 made a technical change to fund's name in Subsec. (a); P.A. 93-142 changed the effective date of P.A. 88-230
from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A.
88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 37 CA 835.