Conn. Gen. Stat. » Title 52 — CIVIL ACTIONS · Chapter 904 — Attachments
Connecticut General Statutes

Conn. Gen. Stat. § 52-328 (2026)

Duration of attachment liens after judgment

✓ current as of May 2026
Find cases: SyfertCases citing this section CT-CGAcga.ct.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(a) Except as provided in subsection (c) of this section, no personal estate which has been attached may be held to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor takes out an execution and has it levied on the personal estate attached, or has demand made on the garnishee in cases of foreign attachment, within sixty days after final judgment, or, if such personal estate is encumbered by any prior attachment, unless the execution is so levied within sixty days after such encumbrance has been removed.

(b) No real estate that has been attached may be held subject to the attachment to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment.

(c) In case of a foreign attachment against an executor, administrator or trustee in insolvency, demand shall be made within the times limited in sections 52-389, 52-390 and 52-391.

(d) In determining the periods within which the attaching creditor is so required to take out and levy execution, any time during which the issue or levy of an execution may be prevented or stayed by the pendency of a writ of error, or by an injunction or other legal stay of execution, shall be excluded from the computation.

(1949 Rev., S. 8073; P.A. 84-527, S. 14; P.A. 05-288, S. 177.)

History: P.A. 84-527 rephrased provisions prohibiting the holding of attached real estate to respond to a judgment unless the judgment creditor places a judgment lien on the real estate within four months after a final judgment and inserted Subsec. Indicators; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005.

These periods enure successively to the benefit of each of several attaching creditors. 36 C. 582. Rights under second attachment, when lien of first is waived or lost. 3 C. 445; 9 C. 536; 16 C. 545; Id., 573. “Final judgment” defined. 1 R. 483; 17 C. 72; 105 C. 427. Return of execution to clerk of court need not be within 4 months. 13 C. 11. Gives attachment effect of lien. 85 C. 577. Lien exists from date of service. 74 C. 616. Is a lien as regards effect of foreclosure proceedings. 83 C. 514. Exception in last sentence refers to actual legal stays, not mere possibilities; hence extension of time which might have been given for perfecting appeal not included, if not actually secured; demand necessary to support scire facias, despite fact that garnishee has disposed of property within 60-day period, and only debts attached can be reached by that process. 97 C. 387. Section does not apply to filing of judgment lien certificate. 103 C. 739. Applies where bond substituted for foreign attachment; necessity for demand within 60 days. 104 C. 281. Demand on garnishee within period must be alleged in action of scire facias; “final judgment” is one upon which execution could be based; effect of appeal from city court of Norwalk as stay of execution. 105 C. 427. Compensation award becomes final judgment only at end of compensation period or when so modified as to fix a definite sum due and presently payable, and 60-day limitation begins to run from that date. 112 C. 370. Surety on the bond succeeds to and occupies the position of the garnishee and seasonable demand on the surety is a prerequisite to action against him on the bond even if a notice of lien on the property of the surety has been filed under Sec. 49-86. 147 C. 189. Cited. 159 C. 368; 187 C. 128; 209 C. 15; 238 C. 172; Id., 778.

Execution may issue in all actions in personam whether or not there has been an attachment. 11 CS 263. Cited. 17 CS 475; 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.

Subsec. (b):

Creditor seeking to assert priority rights pursuant to section and Sec. 52-380a(b) must file a judgment lien within 4 months of a trial court's final judgment in creditor's favor, regardless of possible pendency of an appeal. 238 C. 172.

Cited. 39 CA 518.

(Return to Chapter
Table of Contents)		 (Return to
List of Chapters)		 (Return to
List of Titles)
Notes of Decisions
Cited in 14 cases, 1960–2020 · leading case: Mac's Car City, Inc. v. DiLoreto, 679 A.2d 340 (Conn. 1996).
Sort: Relevance Newest Treatment
Mac's Car City, Inc. v. DiLoreto, 679 A.2d 340 (Conn. 1996). · cites it 26× “General Statutes §§ 52-328 (b) and 52-380a (b), 1 require a creditor to file a judgment lien within four months of a “final judgment” if that lien is to relate back, for purposes of priority, to an earlier prejudgment attachment.”
Shurland Robin Demergue Bell v. Nutmeg Airways Corp., 407 F. Supp. 1254 (D. Conn. 1976). · cites it 12× “Northeast, however, made no attempt to comply with Conn.Gen.Stat.Ann. § 52-328, which requires a creditor to perfect his garnishment lien by filing a demand with the garnishee within 60 days of the judgment.”
Cent. Bank v. Hickey, 680 A.2d 298 (Conn. 1996). · cites it 9× “After the plaintiff had obtained a judgment against the defendant, the trial court, on motion of the defendant, dissolved the plaintiffs attachment for failure to comply with General Statutes § 52-328 (a). 3 The trial court further concluded that the defendant’s IRAs were exempt…”
Das v. Rodgers, 702 A.2d 664 (Conn. App. Ct. 1997). · cites it 4× “General Statutes § 52-328 (b) provides: “No real estate that has been attached may be held subject to the attachment to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the judgment creditor places a judgment lien on the real…”
Bradbury v. Wodjenski, 269 A.2d 271 (Conn. 1970). · cites it 4× “General Statutes § 52-328; Markham v. Salovitz, 147 Conn.”
Cliff's Auto Body, Inc. v. Grenier, 181 A.3d 138 (Conn. App. Ct. 2018). · cites it 5× “The self-represented defendant subsequently filed an amended answer and special defenses and an amended motion for summary judgment on the ground that the judgment lien was flawed because General Statutes § 52-328(b) requires a judgment creditor to file a judgment lien *824…”
Mac's Car City, Inc. v. Diloreto, 664 A.2d 1181 (Conn. App. Ct. 1995). · cites it 9× “This appeal turns on the application of General Statutes § 52-328 (b), which provides: “No real estate that has been attached may be held subject to the attachment to respond to the judgment obtained in the suit, either against the debtor or any other creditor, unless the…”
Cmty. Progress, Inc. v. White, 444 A.2d 1369 (Conn. 1982). · cites it 2× “General Statutes §52-328; Bradbury v. Wodjenski, 159 Conn.”
United States v. Meriden Box Co. (In re Anderson), 150 B.R. 86 (D. Conn. 1993). · cites it 11× “Indeed, the duration of attachment liens, such as the one in issue here, whether for personal or real property, is governed expressly by Conn.Gen.Stat. § 52-328, the statute cited by the Second Circuit in Hartford Provision, see Hartford Provision, 579 F.”
Castle v. DiMugno, 199 Conn. App. 734 (Conn. App. Ct. 2020). “‘‘(7) Subject to the provisions of section 52-328, if the property to be executed against is already subject to an attachment, garnishment or judg- ment lien of the judgment creditor as security for that judgment, the priority of the execution shall hold from the date of…”
Mac's Car City, Inc. v. Diloreto, 668 A.2d 375 (Conn. 1995). · cites it 2× “518 (AC 13276), is granted, limited to the following issue: “What is the proper time for filing a judgment lien, under General Statutes § 52-328 (b), to perfect a prejudgment attachment hen previously filed, when the original judgment in favor of the attaching lienor is reversed…”
O'Neil v. Miller (In Re Bridgeman), 197 B.R. 19 (Bankr. D. Conn. 1996). · cites it 2× “Connecticut General Statutes § 52-328(a) requires a creditor attaching personalty to take out an execution and have it levied within 60 days after final judgment.”
Show all 14 citing cases →
— Conn. Gen. Stat. § 52-328(a) — 2 cases
United States v. Meriden Box Co. (In re Anderson), 150 B.R. 86 (D. Conn. 1993). “Indeed, the duration of attachment liens, such as the one in issue here, whether for personal or real property, is governed expressly by Conn.Gen.Stat. § 52-328, the statute cited by the Second Circuit in Hartford Provision, see Hartford Provision, 579 F.”
O'Neil v. Miller (In Re Bridgeman), 197 B.R. 19 (Bankr. D. Conn. 1996). “Connecticut General Statutes § 52-328(a) requires a creditor attaching personalty to take out an execution and have it levied within 60 days after final judgment.”
— Conn. Gen. Stat. § 52-328(b) — 2 cases
Cliff's Auto Body, Inc. v. Grenier, 181 A.3d 138 (Conn. App. Ct. 2018). “The self-represented defendant subsequently filed an amended answer and special defenses and an amended motion for summary judgment on the ground that the judgment lien was flawed because General Statutes § 52-328(b) requires a judgment creditor to file a judgment lien *824…”
United States v. Meriden Box Co. (In re Anderson), 150 B.R. 86 (D. Conn. 1993). “Indeed, the duration of attachment liens, such as the one in issue here, whether for personal or real property, is governed expressly by Conn.Gen.Stat. § 52-328, the statute cited by the Second Circuit in Hartford Provision, see Hartford Provision, 579 F.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.