Real estate shall be attached by the officer by leaving in the office of the town clerk of the town in which it is situated a certificate that he has made such attachment, which shall be endorsed by the town clerk with a note of the precise time of its reception and recorded at length in the land records of such town; and such attachment, if completed as hereinafter provided, shall be considered as made when such certificate has been so lodged. The certificate shall be signed by such officer, shall describe the land attached with reasonable certainty and shall specify the parties to the suit, the authority issuing the writ, the court to which the process is returnable and the amount of damages claimed; and, unless the service is so completed, such estate shall not be held against any other creditor or bona fide purchaser. No such certificate left in the town clerk's office for record shall have the effect of the notice of action pending provided for in section
52-325.
(1949 Rev., S. 8025; 1955, S. 3194d; 1967, P.A. 469.)
History: 1967 act eliminated leaving copy of process with town clerk and required recording of certificate of attachment rather than keeping it on file.
Variance in copy not fatal. K. 103. Conveyance pending attachment. 17 C. 283. An attachment of land is an “encumbrance” within covenant against encumbrances. 43 C. 136. Attachment cannot be made before process is placed in officer's hands. Id., 185, 186. A lien exists only for the amount to which the officer is directed by the writ to attach. 52 C. 19. An uncertain interest, incapable of appraisal and possibly of no value, is not attachable. 71 C. 155; 83 C. 346. History of statute. 90 C. 325, 339; 109 C. 434. Effect of outstanding equities in land; 91 C. 571; of unrecorded mortgage or deed. 71 C. 364; 89 C. 59; 91 C. 423. Right of attaching creditor to redeem prior mortgage. 83 C. 514. Equitable interests as subject to attachment. 71 C. 154; 83 C. 355. Mortgagee's interest is not; 81 C. 419; 83 C. 356; nor the interest of an obligee in a bond for sale, who has paid nothing; 70 C. 274; but it is attachable after payments have been made. 90 C. 555. Right of attaching creditor to rely on record title. 92 C. 345. Attachment has priority over deed not recorded in reasonable time. 91 C. 423. Attachment dates from time certificate is lodged with town clerk. 109 C. 436. Town clerk's failure to record or index certificate of attachment does not invalidate attachment otherwise valid. Id., 434. Defective compliance is, at the instance of a creditor or bona fide purchaser, voidable rather than void. 140 C. 464. In a cotenancy with right of survivorship, the death of a cotenant, after attachment but before judgment, extinguishes his interest in the estate attached. 143 C. 427; 145 C. 332. Held that deed to X was insufficient to defeat plaintiff's attachment because it failed to describe the indebtedness it was given to secure. 146 C. 523. Cited. 219 C. 810.
Cited. 28 CA 809; 30 CA 52; 46 CA 399. Incorrect identification of court does not make certificate of attachment defective. 50 CA 671.
Effect of failure of officer in his return to the town clerk to set forth how and when he served the process on defendant. 17 CS 439. Although an action for legal separation is in personam, if the accompanying constructive attachment of property in the court's jurisdiction is properly made at the outset of the action, the action becomes quasi in rem and personal service of process need not be made. 26 CS 284.
Notes of Decisions
Farmers & Mechanics Sav. Bank v. Garofalo, 595 A.2d 341 (Conn. 1991).
· cites it 15× “The principal issue in this appeal is whether, under General Statutes § 52-285, 1 an attachment lien on real property accrues and becomes effective as of the date it is signed by the issuing authority or as of the date it is lodged in the town clerk’s office.”
Beers v. Westport Bank & Trust Co., 719 A.2d 58 (Conn. App. Ct. 1998).
· cites it 17× “The prejudgment remedy order issued from and the process was returnable to the judicial district of Fair-field at Bridgeport.”
Kopylec v. Town of North Branford, 23 A.3d 51 (Conn. App. Ct. 2011).
· cites it 12× “As the plaintiff pointed out in his application for discharge of lien "[a]s of the date of the stay, the town of North Branford has expended no sums for the `reasonable and necessary charges for such remediation....'" Until the town completed the remediation, no lien should have…”
Carter v. Carter, 159 A.2d 173 (Conn. 1960).
· cites it 4× “The pertinent statutes, with which strict compliance was required for this purpose, were General Statutes § 52-281, relating to an application and order for an attachment during the pendency of an action, § 52-285, prescribing the manner in which an attachment of real estate…”
People's Bank v. Bilmor Bldg. Corp., 614 A.2d 456 (Conn. App. Ct. 1992).
· cites it 2× ““Under General Statutes § 52-285, an attachment that is subsequently transformed into a judicial lien following a judgment in the underlying cause of action relates back, for purposes of determining priority, only to the moment when the certificate of attachment is left at the…”
Rhode Island Hosp. Trust Nat'l Bank v. Trust, 592 A.2d 417 (Conn. App. Ct. 1991).
· cites it 2× “Also General Statutes § 52-285 provides that unless the requirements for the recording of a certificate of attachment are followed “such estate shall not be held against any other creditor” which also shows that one may be a creditor prior to judgment.”
Atlas Garage & Custom Builders, Inc. v. Hurley, 355 A.2d 286 (Conn. 1974).
· cites it 2× “" Section 52-285, entitled "Attachment of real estate," provides the *252 method by which an attachment is made through means of a certificate which is completed and lodged by the officer by leaving it in the office of the town clerk of the town in which the real estate is…”
New Falls Corp. v. Lerner, 579 F. Supp. 2d 282 (D. Conn. 2008).
· cites it 2× “According to New Falls, Lerner subsequently failed to take the proper steps under Connecticut General Statutes § 52-285 to perfect that attachment.”
Bachyrycz v. Gateway Bank, 618 A.2d 1371 (Conn. App. Ct. 1993).
· cites it 2× “Attachment of real estate is governed by General Statutes § 52-285, while judgment liens are recorded pursuant to General Statutes § 52-380a.”
Moran v. Morneau, 57 A.3d 872 (Conn. App. Ct. 2013).
· cites it 2× “The notice of constructive trust was not an attachment of real estate to secure a future money judgment; see General Statutes § 52-285; and the trial court’s findings did not convert it into one.”
In re Anderson, 131 B.R. 541 (Bankr. D. Conn. 1991).
· cites it 4× “The creditor, Meriden Box Company (Meriden Box), recorded, pursuant to Conn. Gen.Stat. § 52-285, 1 a prejudgment real estate attachment on January 5, 1988, in Volume 436, Page 655 of the Southington Land Records, covering the interest of John Anderson in the debtors’, John and…”
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