Sec. 52-355a. Judgment lien on personal property.
Sec. 52-355a. Judgment lien on personal property. (a) Except in the case of a
consumer judgment, a judgment lien, securing the unpaid amount of any money judgment, including interest and costs, may be placed on any nonexempt personal property
in which, by a filing in the office of the Secretary of the State, a security interest could
be perfected under title 42a. The judgment lien shall be created by filing a judgment
lien certificate in the office of the Secretary of the State. For purposes of this section,
the judgment lien shall be filed as if the debtor were located in this state. However, in
the case of a debtor who is not located in this state, the judgment lien shall be effective
only as to the debtor's tangible personal property that is located in this state.
(b) The judgment lien certificate shall: (1) Be signed by the judgment creditor or
his attorney or personal representative; (2) state the names and last-known addresses of
the judgment creditor and judgment debtor, the court in which and the date on which
the judgment was rendered, and the original amount of the money judgment and the
amount due thereon; and (3) describe the personal property on which the lien is to be
placed.
(c) Any such judgment lien shall be effective, in the same manner and to the same
extent as a similar security interest under the provisions of title 42a, for five years from
the date of filing, provided the filing shall not give the judgment creditor any right to
take possession of the personal property on which the lien has been placed other than
by writ of execution or other judicial process. The lien may be extended for additional
five-year periods in the same manner as a financing statement may be extended but shall
not be extended beyond the period of enforceability of the judgment. Any such property
on which a lien has been placed may be executed against and levied on by the judgment
creditor in the same manner as other personal property of the judgment debtor. The fact
that a judgment creditor has no right under this subsection to take possession of the
personal property on which the lien has been placed other than by writ of execution or
other judicial process shall not be a defense in a conversion action brought by such
judgment creditor for impairment of such judgment lien.
(d) A judgment lien certificate under this section shall be recorded and indexed in
the same manner as financing statements filed with the office of the Secretary of the
State pursuant to title 42a. On filing, the Secretary of the State shall provide information
as to and copies of any such judgment lien certificate, or any release thereof, in the same
manner that information and copies are provided with respect to a financing statement.
The Secretary of the State shall charge the same fees for filing, for inspection of, for
release of, and for information relating to or copies of, such a judgment lien certificate
as are charged with respect to a financing statement and may destroy records of lapsed
liens and of releases thereof in the same manner as if such judgment lien certificate was
a financing statement.
(P.A. 83-581, S. 8, 40; P.A. 84-527, S. 6; P.A. 01-132, S. 174; P.A. 03-62, S. 24.)
History: P.A. 84-527 amended Subsec. (c) to authorize the extension of the lien for additional five-year periods but not
beyond the period of enforceability of the judgment; P.A. 01-132 amended Subsec. (a) to add provision that the judgment
lien shall be filed as if the debtor were located in this state and, in the case of a debtor who is not located in this state, the
judgment lien shall be effective only as to the debtor's tangible personal property located in this state; P.A. 03-62 amended
Subsec. (c) to replace reference to "the property" with reference to "the personal property" and to add provision re the fact
that a judgment creditor has no right to take possession of the liened personal property other than by writ of execution or
other judicial process shall not be a defense in a conversion action brought by the judgment creditor for impairment of the
judgment lien.
Cited. 38 CA 44.