Connecticut General Statutes
Conn. Gen. Stat. § 49-86 (2026)
Bond in lieu of attachment. Notice of lien
✓ current as of May 2026
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Whenever a bond has been accepted in lieu of an attachment or in lieu of a previously accepted or ordered attachment bond, a notice of lien in favor of the attaching creditor and against the surety on the bond may be filed in the office of the town clerk of the town in which the real estate of the surety is situated, which notice of lien shall describe the land of the surety with reasonable certainty, and shall specify the date, amount and condition of the bond and the names of all parties, plaintiff and defendant, the court to which the action is returnable and the return day, in the action for which the bond is given. Such notice of lien, from the time of filing, shall constitute a lien upon the real estate described in such notice. Whenever a court or judge has power to order a bond in lieu of attachment, such court or judge may order a bond in lieu of a previously ordered or accepted attachment bond.
(1955, S. 2987d.)
See Sec. 52-304 re dissolution of attachment by substitution of bond or lien.
Filing of notice of lien on property of the surety does not exempt creditor from making demand on surety within 60 days as required by Sec. 52-328. 147 C. 189.
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Notes of Decisions
Cited in 2
cases, 1960–1991 · leading case: Rhode Island Hosp. Trust Nat'l Bank v. Trust, 592 A.2d 417 (Conn. App. Ct. 1991).
Rhode Island Hosp. Trust Nat'l Bank v. Trust, 592 A.2d 417 (Conn. App. Ct. 1991). “General Statutes §§ 49-86 and 49-89 demonstrate by their language that one may be a creditor without first having judgment rendered in his favor.”
Markham v. Salovitz, 158 A.2d 249 (Conn. 1960). “The plaintiff’s contention that the filing of a lien on real estate of the surety under the provisions of General Statutes § 49-86, enacted in 1955, eliminated the need for making demand under the execution on the surety within sixty days after judgment does not warrant serious…”
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