Sec. 52-356d. Installment payment order.
Sec. 52-356d. Installment payment order. (a) When a judgment is rendered
against a natural person, the judgment creditor or judgment debtor may move the court
for an order for installment payments in accordance with a money judgment. After
hearing and consideration of the judgment debtor's financial circumstances, the court
may order installment payments reasonably calculated to facilitate payment of the
judgment.
(b) In the case of a consumer judgment, the court may provide that compliance with
the installment payment order, other than with an order for nominal payments pursuant
to subsection (c) of this section, shall stay any property execution or foreclosure pursuant
to that judgment, provided such a stay is reasonable considering the nature of the debt
and the financial circumstances of the judgment debtor. In the case of a judgment arising
out of services provided at a hospital, the court shall provide that compliance with the
installment payment order shall stay any property execution or foreclosure pursuant to
that judgment, including, but not limited to, execution on wages, execution on bank
accounts, and execution on or foreclosure of real property.
(c) Notwithstanding the hearing requirement of subsection (a) of this section, on
motion of the judgment creditor for an order of nominal payments, the court shall issue
ex parte, without hearing, an order for nominal installment payments. The amount which
shall constitute an order of nominal payments shall be set by the judges of the Superior
Court. Such an order for nominal payments may be modified on motion of either party
after hearing and consideration of the judgment debtor's financial circumstances.
(d) An installment payment order shall not be enforced by contempt proceedings,
but on the judgment debtor's default on payments thereon, the judgment creditor may
apply for a wage execution pursuant to section 52-361a.
(e) Interest on a money judgment shall continue to accrue under any installment
payment order on such portion of the judgment as remains unpaid.
(f) On motion of either party and after notice and hearing or pursuant to a stipulation,
the court may make such modification of an installment payment order as is reasonable.
(P.A. 83-581, S. 12, 40; P.A. 03-266, S. 10.)
History: P.A. 03-266 amended Subsec. (b) by adding provisions re judgment arising out of hospital services.
Use of term "order" discussed. 246 C. 183.
Subsec. (a):
Cited. 33 CA 395.
Court may consider other factors beyond debtor's weekly salary when entering an installment pay order. 47 CS 291.