The following terms, as used in sections
52-278a to
52-278g, inclusive, shall have the following meanings, unless a different meaning is clearly indicated from the context:
(a) “Commercial transaction” means a transaction which is not a consumer transaction.
(b) “Consumer transaction” means a transaction in which a natural person obligates himself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.
(c) “Person” means and includes individuals, partnerships, associations, limited liability companies and corporations.
(d) “Prejudgment remedy” means any remedy or combination of remedies that enables a person by way of attachment, foreign attachment, garnishment or replevin to deprive the defendant in a civil action of, or affect the use, possession or enjoyment by such defendant of, his property prior to final judgment but shall not include a temporary restraining order.
(e) “Property” means any present or future interest in real or personal property, goods, chattels or choses in action, whether such is vested or contingent.
(P.A. 73-431, S. 1, 8; 73-616, S. 65, 67; P.A. 86-403, S. 84, 132; P.A. 95-79, S. 176, 189.)
History: P.A. 73-616 made technical correction in original act; P.A. 86-403 made technical change in Subdiv. (b); P.A. 95-79 redefined “person” to include limited liability companies, effective May 31, 1995.
Cited. 172 C. 577; 176 C. 432; 178 C. 393; 181 C. 524; 184 C. 85; 188 C. 69; 196 C. 359; 208 C. 13; 220 C. 904; 222 C. 361; Id., 541; 238 C. 172.
Cited. 4 CA 510; 5 CA 296; 6 CA 591; 14 CA 579; 19 CA 256; 28 CA 809; 29 CA 48; 32 CA 118; 46 CA 399.
Self-help repossession is not covered by prejudgment remedies act. 31 CS 152. Cited. 38 CS 98.
Subdiv. (d):
“Combination” of prejudgment remedies limited to combination of the four remedies enumerated in definition of “prejudgment remedy”. 261 C. 721.
May not be extended to include a temporary injunction so as to permit appeal of an injunction under Sec. 52-278l. 25 CA 28.
Meaning of “final judgment” discussed; prejudgment remedy available to prevailing plaintiff while case on appeal. 35 CS 49.
Notes of Decisions
Cited in
125
cases (
16 in the last 5 years), 1977–2026 · leading case:
Feldmann v. Sebastian, 805 A.2d 713 (Conn. 2002).
Feldmann v. Sebastian, 805 A.2d 713 (Conn. 2002).
· cites it 16× “On appeal, the plaintiff claims, inter alia, 2 that she is authorized to pursue her applica *723 tion for a prejudgment remedy and the appointment of a receiver pursuant to General Statutes §§ 52-278a* * 3 and 52-504.”
Shawmut Bank, N.A. v. Valley Farms, 610 A.2d 652 (Conn. 1992).
· cites it 13× “General Statutes § 52-516 (b) provides that “[a]n action of replevin, to the extent that it includes a prejudgment remedy as defined in section 52-278a, shall not be allowed unless the provisions of sections 52-278a to 52-2781, inclusive, are complied with.”
Town of New Hartford v. Connecticut Resources Recovery Auth., 970 A.2d 578 (Conn. 2009).
· cites it 4× “On December 11,2006, the plaintiffs filed an application for a prejudgment remedy pursuant to General Statutes § 52-278a that sought to enjoin the defendant from, inter alia, distributing proceeds recovered “from settlement or resolution of any .”
Faryniarz v. Ramirez, 62 F. Supp. 3d 240 (D. Conn. 2014).
· cites it 4× “# 25) pursuant to Federal Rule of Civil Procedure 64, and Connecticut General Statutes §§ 52-278a et seq. This Ruling resolves both motions.”
Gagne v. Vaccaro, 835 A.2d 491 (Conn. App. Ct. 2003).
· cites it 3× “General Statutes § 52-278a (d) defines a prejudgment remedy as “any remedy or combination of remedies *452 that enables a person by way of attachment, foreign attachment, garnishment or replevin to deprive the defendant in a civil action of, or affect the use, possession or…”
Cahaly v. Benistar Prop. Exch. Trust Co., 842 A.2d 1113 (Conn. 2004).
· cites it 5× “, do not provide the Superior Court with the authority to grant a prejudgment remedy based on an action pending in the courts of another state; (2) as a matter of law, the plaintiff failed to establish probable cause to support her application for a prejudgment remedy; and (3)…”
Insurity, Inc. v. Mut. Grp., Ltd., 260 F. Supp. 2d 486 (D. Conn. 2003).
· cites it 12× “Still another reason why the court may address the order of disclosure issue first, as the parties have asked, is that the plaintiff is not proceeding before this court under Conn. Gen.Stat. § 52-278a et seq. Rather, the court is proceeding here under Conn.”
Chapman Lumber, Inc. v. Tager, 952 A.2d 1 (Conn. 2008).
· cites it 2× “Although it is not clear that § 52-2781 applies to the modification of the attachment at issue here; see General Statutes § 52-278a (d) (defining “ ‘[p]re-judgment remedy’ ” as, inter alia, attachment depriving defendant in civil action of use of property “prior to final…”
Rafferty v. Noto Bros. Constr., LLC, 795 A.2d 1274 (Conn. App. Ct. 2002).
· cites it 4× “The defendants claim that the court improperly (1) permitted the plaintiffs to proceed on an application for a prejudgment remedy that failed to comply with the prejudgment remedy statutes, General Statutes § 52-278a et seq., in that it failed to set forth the amount of the…”
Bender v. Bender, 785 A.2d 197 (Conn. 2001).
· cites it 2× “See General Statutes § 52-278a (e) (for purposes of attachment, property means any present or future interest in real or personal property, goods, chattels or choses in action .”
Bernhard-Thomas Bldg. Sys., LLC v. Dunican, 944 A.2d 329 (Conn. 2008).
· cites it 3× “The plaintiff sought to attach these payments and have them turned over to a receiver, but this court ruled that the type of prejudgment remedy sought by the plaintiff was not authorized under General Statutes § 52-278a (d). Id., 723-28.”
— Conn. Gen. Stat. § 52-278a(d) — 6 cases
— Conn. Gen. Stat. § 52-278a(e) — 1 case
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