Sec. 52-329. Process of foreign attachment.
Sec. 52-329. Process of foreign attachment. When the effects of the defendant
in any proposed or pending civil action in which a judgment or decree for the payment
of money may be rendered are concealed in the hands of his agent or trustee so that they
cannot be found or attached, or when a debt other than earnings, as defined in subdivision
(5) of section 52-350a, is due from any person to such defendant, or when any debt,
legacy or distributive share is or may become due to such defendant from the estate of
any deceased person or insolvent debtor, the plaintiff may insert in his writ, subject to
the provisions of sections 52-278a to 52-278g, inclusive, a direction to the officer to
leave a true and attested copy thereof and of the accompanying complaint, at least twelve
days before the return day, with such agent, trustee or debtor of the defendant, or, as
the case may be, with the executor, administrator or trustee of such estate, or at the usual
place of abode of such garnishee; and from the time of leaving such copy all the effects
of the defendant in the hands of any such garnishee, and any debt due from any such
garnishee to the defendant, and any debt, legacy or distributive share, due or that may
become due to him from such executor, administrator or trustee in insolvency, not exempt from execution, shall be secured in the hands of such garnishee to pay such judgment as the plaintiff may recover. Notwithstanding any provision of law, the remedy
provided by this section shall be available to any judgment creditor and the status of
the defendant as an elected or appointed official of any branch of the government of
this state may not be interposed as a defense.
(1949 Rev., S. 8074; 1961, P.A. 280; P.A. 74-183, S. 100, 291; P.A. 78-280, S. 106, 127; P.A. 90-149, S. 1; P.A. 97-132, S. 7.)
History: 1961 act provided 12-day limitation on service of copy of writ and complaint applies only to superior court
or court of common pleas and added 6-day limitation for circuit court; P.A. 74-183 specified that insertion of direction to
leave copy of writ and complaint is subject to the provisions of Secs. 52-278a to 52-278g and that delivery must be made
at least 12 days before court session in all cases where previously 12-day deadline applied to cases in superior court or
court of common pleas and 6-day deadline applied to circuit court cases, effective December 31, 1974; P.A. 78-280 required
delivery at least 12 days before "return day" rather than before "session of the court to which it is returnable", reflecting
fact that court now sits continuously; P.A. 90-149 made provisions of section applicable in any "proposed or pending"
civil action and exempted earnings, as defined in Sec. 52-350a(5), from a debt subject to garnishment; P.A. 97-132 added
provision that remedy provided by section shall be available to any judgment creditor and status of defendant as elected
or appointed official may not be defense.
See Secs. 52-335-52-337 re service of garnishee process.
See Sec. 52-361a re execution on wages after judgment.
The original act of 1726 limited this process to the case of nonresidents. In 1821 it was extended so as to embrace all
absent or absconding debtors, and in 1843 it was made to apply to all debtors, present or absent. History of law of garnishment. 97 C. 394. This remedy is one to be favored. 20 C. 394. It will hold a judgment debt; 11 C. 171; property held as
collateral security; 3 C. 182; an unadjusted claim on an insurance policy; 9 C. 433; 101 C. 335; 107 C. 554; liability
insurance. 98 C. 452. A debt due by a negotiable instrument subject to be defeated by its negotiation to a bona fide purchaser;
3 C. 29; 21 C. 411; and goods held under a fraudulent conveyance; 1 R. 488; but not a future liability; 3 D. 440; 5 C. 122;
38 C. 293; nor a debt assigned to a third party, who gives reasonable notice to the garnishee of the assignment. 1 R. 157;
5 D. 488; Id., 538; 10 C. 446; 39 C. 27. A sheriff may be factorized for money collected on execution. 28 C. 111. Public
and private corporations may be made garnishees. 20 C. 418-420; 9 C. 434. A public officer cannot be factorized for public
money due to the defendant. 1 R. 551; 11 C. 127, 128. Mayor's salary is not subject to garnishment for his private debts.
123 C. 390. A nonresident cannot be made a garnishee under this section. 25 C. 454; But a partnership, of which one
member is a resident, can be. 32 C. 217. The garnishees should be described as severally or jointly indebted, as the case
may be. 22 C. 258; 24 C. 426; But an inaccurate description is not necessarily fatal. 20 C. 393; 23 C. 301; 39 C. 315. If
the attachment is not legally served, the garnishee cannot waive the defect. 40 C. 405. No valid attachment is made unless
the copy is "attested" by the officer personally. 49 C. 249. Attachment held to secure an entire debt payable in installments.
50 C. 148. Whether plaintiff can garnish himself as a debtor of the defendant, quaere. 52 C. 172; 93 C. 296. A claim for a
tort is not a "debt". 52 C. 447. An equitable interest in the stock of a foreign corporation, pledged here, cannot be reached
by foreign attachment. 53 C. 400. "Due" does not mean payable, but does imply an existing obligation. 54 C. 313; 101 C.
335; 107 C. 554. Widow's allowance in hands of administrator is not attachable. 55 C. 118. Service upon an executor
before the probate of the will is effectual to secure a legacy or distributive share. 67 C. 87. This process is not adapted to
secure an interest in property to the possession and enjoyment of which the defendant may never succeed. 71 C. 156.
Equitable interests not subject to, except by special statute; funds in hands of clerk of court. 80 C. 599. Debt is due when
there is an existing obligation to pay, either at present or in future, and though amount not definitely ascertained. 89 C.
137; 120 C. 265; 129 C. 251. Where contract calls for payment when work done, partial payments before then give no
greater right. 77 C. 630. Statutory steps must be followed. 88 C. 605. Meaning of "concealed"; tangible personal property
in hands of lessee. 85 C. 67. Proceedings and effect where debt due to nonresident is attached. 72 C. 430; 79 C. 15; 90 C.
293; 107 C. 552. Right of foreign attachment available to nonresident to extent it results in discharge of garnishee from
main creditor; denied where it results in double liability; effect of voluntary payment by garnishee in another jurisdiction.
111 C. 400. Priorities determined as of date of service. 85 C. 70; 89 C. 137. Wrongful garnishment does not affect validity
of writ. 77 C. 347. Interpleader by garnishee. 74 C. 234; 85 C. 573; See note to Sec. 52-484. Garnishee who withholds
money already assigned because of attempted attachment may be chargeable with interest. 82 C. 175. Future accruing
income of trust fund not attachable. 90 C. 293. Garnishment of savings bank deposit holds interest thereafter accruing,
even against assignee of deposit. 242 U.S. 357. Alimony not a "debt" within the statute. 93 C. 296; 102 C. 708. Money in
custody of the law not attachable; bail in criminal case; limitation on rule suggested. 96 C. 356; 109 C. 319. Effect of
garnishment; misdescription of defendant in writ harmless if neither garnishee or other creditors misled. 99 C. 674. Fire
insurance company may be garnished immediately after fire, although debt is not payable till proofs of loss, etc., are filed.
101 C. 335; 107 C. 554. Property of one accused of crime, in hands of police as evidence, cannot be reached by foreign
attachment. 109 C. 319. Where charter specifies six days for service on defendant of city court writ but silent as to garnishee,
this statute applies. 113 C. 770. Where coming into existence of debt is dependent on happening of contingency, it is not
due until contingency occurs. 120 C. 265; 129 C. 251. Before day rent payable under lease there is no debt subject to
garnishment. 120 C. 265. Debt for which check or draft is outstanding is subject to garnishment; exception. 122 C. 166.
Does not authorize garnishment of contents of safe deposit box as effects of defendant in hands of bank. 126 C. 169. Cited.
128 C. 544. Under certain life insurance, held that there was no debt to insured subject to garnishment. 129 C. 251. Cited.
145 C. 74. This section contemplates an uninterrupted possession by the garnishee of the res from the time of attachment
to the time of demand on execution. 147 C. 561. Record did not show that property of nonresident defendant was reached
or secured by garnishment; held there was no res over which the court had dominion which could give jurisdiction to enter
an order. Id. In personam service of garnishment process on garnishee within Connecticut operates to seize any indebtedness
owing from garnishee to defendant at time of garnishment, whether indebtedness arose from transaction within or without
Connecticut or is payable within or without Connecticut. 153 C. 588. See note to Sec. 52-381. See Sec. 52-346 as to
mortgages. Cited. 158 C. 22. Cited. 184 C. 85. Cited. 186 C. 329. Cited. 205 C. 604. Cited. 217 C. 507.
Notice of garnishment received prior to payment of check; proceeds of debt were subject to garnishment under the
statute. 4 CA 319. Cited. 14 CA 515; Id., 579.
Cited. 9 CS 476. Cited. 16 CS 143. Cash surrender value of life insurance policy is subject to garnishment under this
section notwithstanding a condition of the policy that the cash surrender value would not be paid except on written application made on blanks of the company. 10 CS 336. Judgment on scire facias cannot be rendered against an administrator
before the time it becomes his duty to deliver to the legatee his share. Meaning of the word "due" as used in section. 11
CS 446; 21 CS 16. Mere statutory right of action by X against the defendant is not a debt due from the defendant until this
right is exercised. Id. A plaintiff may be a garnishee of a debt he owes the defendant. Id., 357. Funds held by court clerk
in his official capacity are not subject to garnishment. 27 CS 481. Neither state nor state officer, acting in his official
capacity, can be made garnishees in absence of statutory authorization. Id., 482. Cited. 37 CS 877. Since commissions real
estate salesperson receive are debts accruing by reason of personal service they are "earnings" under Sec. 52-350a(5) and
are exempt from garnishment in a prejudgment remedy application. 50 CS 460.
Procedural rule in Connecticut for prejudgment garnishment of debtors' bank account satisfies due process requirements.
6 Conn. Cir. Ct. 103, 106.