Sec. 52-351b. Discovery by judgment creditor.
Sec. 52-351b. Discovery by judgment creditor. (a) A judgment creditor may obtain discovery from the judgment debtor, or from any third person the judgment creditor
reasonably believes, in good faith, may have assets of the judgment debtor, or from any
financial institution to the extent provided by this section, of any matters relevant to
satisfaction of the money judgment. The judgment creditor shall commence any discovery proceeding by serving an initial set of interrogatories, in a prescribed form containing
such questions as to the assets and employment of the judgment debtor as may be approved by the judges of the Superior Court or their designee, on the person from whom
discovery is sought. Service of an initial set of interrogatories relevant to obtaining
satisfaction of a money judgment of a small claims session of the Superior Court may
be made by sending such interrogatories by certified mail, return receipt requested, to
the person from whom discovery is sought. Questions contained in the interrogatory
form shall be in clear and simple language and shall be placed on the page in such
manner as to leave space under each question for the person served to insert such person's
answer. Such person shall answer the interrogatories and return them to the judgment
creditor within thirty days of the date of service. Interrogatories served on a judgment
debtor shall be signed by such debtor under penalty of false statement. With respect to
assets, the person served is required to reveal information concerning the amount, nature
and location of the judgment debtor's nonexempt assets up to an amount clearly sufficient in value to ensure full satisfaction of the judgment with interest and costs, provided
disclosure shall be first required as to assets subject to levy or foreclosure within the
state. If interrogatories are served on a financial institution, the financial institution shall
disclose only whether it holds funds of the judgment debtor on account and the balance
of such funds, up to the amount necessary to satisfy the judgment.
(b) The interrogatory form shall specify the names and last-known addresses of the
judgment creditor and the judgment debtor, the court in which and the date on which
the judgment was rendered, and the original amount of the judgment and the amount
due thereon. The interrogatory form shall contain a notice of rights with respect to
postjudgment interrogatories as prescribed by section 52-361b.
(c) On failure of a person served with interrogatories to return, within the thirty
days, a sufficient answer or disclose sufficient assets for execution, or on objection by
such person to the interrogatories, the judgment creditor may move the court for such
supplemental discovery orders as may be necessary to ensure disclosure including (1)
an order for compliance with the interrogatories or (2) an order authorizing additional
interrogatories. The judgment creditor may obtain discovery, including the taking of
depositions, from any person served with interrogatories in accordance with procedures
for discovery in civil actions without further order of the court. The court may order
such additional discovery as justice requires provided the order shall contain a notice
that failure to comply therewith may subject the person served to being held in contempt
of court.
(d) Any party from whom discovery is sought may seek a protective order pursuant
to section 52-400a.
(P.A. 83-581, S. 7, 40; P.A. 84-527, S. 5; P.A. 85-346, S. 2; P.A. 97-86, S. 1; P.A. 01-186, S. 6.)
History: P.A. 84-527 amended Subsec. (a) by requiring interrogatories served on a judgment debtor to be signed under
penalty of false statement and by rephrasing provision concerning the amount of a judgment debtor's assets the person
served is required to reveal, and amended Subsec. (b) by deleting a provision requiring an interrogatory form to contain a
notice of rights "If served on a judgment debtor who is a natural person"; P.A. 85-346 amended Subsec. (a) by adding
provision re service of initial set of interrogatories by court clerk; P.A. 97-86 amended Subsec. (c) by deleting former
Subdiv. (2) which had authorized the creditor to move for "an order for production or for examination of the judgment
debtor or third person, provided any examination shall be conducted before the court", designating as new Subdiv. (2)
provision allowing the creditor to move for an order authorizing additional interrogatories, formerly part of Subdiv. (1),
adding provision authorizing the judgment creditor to obtain discovery from any person served with interrogatories without
further order of the court and authorizing the court to order such "additional" discovery as justice requires and making a
technical change; P.A. 01-186 amended Subsec. (a) by eliminating provisions re service of initial set of interrogatories
may be made upon request of judgment creditor and re payment of $5 by judgment creditor for each mailing requested
and by making technical changes for purposes of gender neutrality.
Cited. 240 C. 623.