Sec. 52-278f. Issuance of prejudgment remedy when defendant in commercial transaction has waived notice and hearing.
Sec. 52-278f. Issuance of prejudgment remedy when defendant in commercial
transaction has waived notice and hearing. In an action upon a commercial transaction, as defined in section 52-278a, wherein the defendant has waived his right to a
notice and hearing under sections 52-278a to 52-278g, inclusive, the attorney for the
plaintiff shall issue the writ for a prejudgment remedy without securing a court order
provided that (1) the complaint shall set forth a copy of the waiver; (2) the plaintiff shall
file an affidavit sworn to by the plaintiff or any competent affiant setting forth a statement
of facts sufficient to show that there is probable cause that a judgment in the amount
of the prejudgment remedy sought, or in an amount greater than the amount of the
prejudgment remedy sought, taking into account any known defenses, counterclaims
or set-offs, will be rendered in the matter in favor of the plaintiff; and (3) the plaintiff
shall include in the process served on the defendant a notice satisfying the requirements
of subsections (b) and (c) of section 52-278e.
(P.A. 73-431, S. 6, 8; P.A. 91-315, S. 2, 5; P.A. 93-431, S. 4, 10.)
History: P.A. 91-315 added Subdiv. (2) requiring the plaintiff to file an affidavit setting forth facts showing there is
probable cause to sustain his claim and Subdiv. (3) requiring the plaintiff to provide a notice to the defendant satisfying
the requirements of Sec. 52-278e(b); P.A. 93-431 amended Subdiv. (2) to require the affidavit to contain facts sufficient
to show that there is probable cause "that a judgment in the amount of the prejudgment remedy sought, or in an amount
greater than the amount of the prejudgment remedy sought, taking into account any known defenses, counterclaims or set-offs, will be rendered in the matter in favor of the plaintiff" rather than that there is probable cause "to sustain the validity
of the plaintiff's claim" and amended Subdiv. (3) to add reference to Sec. 52-278e(c), effective January 1, 1994.
Cited. 172 C. 577. Cited. 176 C. 432. Cited. 181 C. 524. Cited. 184 C. 85. Cited. 188 C. 69. Cited. 208 C. 13. Secs. 52-278a-52-278g also cited. Id. Cited. 222 C. 361. Cited. 226 C. 773. P.A. 93-431 cited. Id. Cited. 238 C. 778.
Secs. 52-278a-52-278g cited. 14 CA 579. Cited. 28 CA 809. Cited. 29 CA 48. Cited. 32 CA 118. Cited. 42 CA 763.
Cited. 46 CA 399.
Cited. 38 CS 98.