(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 payment order. 47 CS 291.
Subsec. (e):
Subsec. does not provide for automatic accrual of postjudgment interest on all judgments in which an installment payment order has been entered by the court. 304 C. 348.
Postjudgment interest does not accrue automatically when installment payments have been ordered, but judgment creditor may request postjudgment interest on a money judgment pursuant to Sec. 37-3a and such interest, if awarded, shall continue to accrue on the unpaid portion of a money judgment where installment payments have been ordered by the court. 127 CA 813.
Secs. 52-357 to 52-361. Demand on execution when defendant has left the state. Sale on execution at other place than signpost. Adjournment of execution sale. When indifferent person may conduct execution sale. Execution on wages after judgment. Sections 52-357 to 52-361, inclusive, are repealed.
(1949 Rev., S. 8098–8102; 1951, S. 3202d; 1953, 1955, S. 3203d; 1957, P.A. 293; 1959, P.A. 28, S. 124; 127; 152, S. 78; 193; 1961, P.A. 264, S. 8; 1963, P.A. 396; February, 1965, P.A. 257; 558; 1967, P.A. 496, S. 1, 2; 1969, P.A. 454, S. 34; P.A. 76-344; 76-436, S. 406, 681; P.A. 78-217, S. 2; P.A. 83-400, S. 4; 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
Notes of Decisions
Ballou v. Law Offices Howard Lee Schiff, 39 A.3d 1075 (Conn. 2012).
· cites it 96× “The dispositive issue in this case, which comes to us upon our acceptance of two certified questions from the United States District Court for the District of Connecticut pursuant to General Statutes § 51-199b (d), [1] is whether General Statutes § 52-356d (e) [2] provides for…”
In re Dean, 717 A.2d 176 (Conn. 1998).
· cites it 36× “Dean, appeals from the decision of the judicial review council (review council) to censure him publicly for wilfully and intentionally failing to pay a $250 weekly instalment order issued by a Superior Court judge pursuant to General Statutes § 52-356d. The review council is…”
Discover Bank v. Mayer, 17 A.3d 80 (Conn. App. Ct. 2011).
· cites it 13× “On appeal, the plaintiff claims that the court improperly denied its request for postjudgment interest because General Statutes § 52-356d (e) requires that interest accrue automatically on any unpaid portion of a judgment when installment payments have been ordered by the court.”
Pease v. Charlotte Hungerford Hosp., 157 A.3d 1125 (Conn. 2017).
· cites it 4× “In tracing the history of General Statutes § 52-356d(d), which governs the enforcement of installment payment orders, we noted that in 1939 the legislature had removed contempt as a sanction for failure to comply with an order of payments.”
Ballou v. Law Offices Howard Lee Schiff, P.C., 713 F. Supp. 2d 79 (D. Conn. 2010).
· cites it 7× “Conn. Gen.Stat. § 52-356d. Defendant argues that § 52-356d(e) provides that post-judgment interest automatically applies to any unpaid balance under a judgment where the court has entered an installment payment order, and therefore they did not overstate the debt in violation of…”
Bergen v. Belfonti, 791 A.2d 723 (Conn. Super. Ct. 2000).
· cites it 9× “The present case was brought pursuant to General Statutes § 52-356d. The plaintiff, Gertrude T.”
Town of Winchester v. Nw. Assocs., 767 A.2d 687 (Conn. 2001).
“In the case of a consumer judgment, the complaint shall indicate whether, pursuant to an installment payment order under subsection (b) of section 52-356d, the court has entered a stay of execution and, if such a stay was entered, shall allege any default on an installment…”
Simon v. Murrell (In Re Murrell), 257 B.R. 386 (Bankr. D. Conn. 2001).
· cites it 2× “The amount of that execution would in all likelihood be limited by an Instalment Payment Order entered by the Connecticut Superior Court pursuant to C.G.S. § 52-356d. While it is impossible for this Court to know at this time the amount of any future Instalment Payment Order,…”
U.S. Equities Corp. v. Ceraldi, 200 A.3d 747 (Conn. App. Ct. 2018).
· cites it 2× “" 3 General Statutes § 52-356d (e) provides that "[i]interest on a money judgment shall continue to accrue under any installment payment order on such portion of the judgment as remains unpaid." 4 The court further ordered the defendant to make weekly payments of $35 commencing…”
F & W Welding Serv., Inc. v. ADL Contracting Corp., 587 A.2d 92 (Conn. 1991).
“In the case of a consumer judgment, the application shall indicate whether, pursuant to an instalment payment order under subsection (b) of section 52-356d, the court has entered a stay of execution and, if such a stay was entered, shall contain a statement of the judgment…”
Bergen v. Belfonti, 787 A.2d 615 (Conn. App. Ct. 2002).
· cites it 2× “Did the Trial Court err in granting Plaintiffs Amended Motion for Weekly Order of Payments per [General Statutes] § 52-356d withoutproperly and completely considering Judgment-Debtor’s financial circumstances as required by said statute? “2.”
— Conn. Gen. Stat. § 52-356d(d) — 1 case
Pease v. Charlotte Hungerford Hosp., 157 A.3d 1125 (Conn. 2017).
“In tracing the history of General Statutes § 52-356d(d), which governs the enforcement of installment payment orders, we noted that in 1939 the legislature had removed contempt as a sanction for failure to comply with an order of payments.”
— Conn. Gen. Stat. § 52-356d(e) — 1 case
Ballou v. Law Offices Howard Lee Schiff, P.C., 713 F. Supp. 2d 79 (D. Conn. 2010).
“Conn. Gen.Stat. § 52-356d. Defendant argues that § 52-356d(e) provides that post-judgment interest automatically applies to any unpaid balance under a judgment where the court has entered an installment payment order, and therefore they did not overstate the debt in violation of…”
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