(a) A judgment creditor shall file, with a certified copy of a foreign judgment, in the court in which enforcement of such judgment is sought, a certification that the judgment was not obtained by default in appearance or by confession of judgment, that it is unsatisfied in whole or in part, the amount remaining unpaid and that the enforcement of such judgment has not been stayed and setting forth the name and last-known address of the judgment debtor.
(b) Such foreign judgment shall be treated in the same manner as a judgment of a court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a court of this state and may be enforced or satisfied in like manner.
(c) Within thirty days after the filing of the judgment and the certificate, the judgment creditor shall mail notice of filing of the foreign judgment by registered or certified mail, return receipt requested, to the judgment debtor at such judgment debtor's last-known address. The proceeds of an execution shall not be distributed to the judgment creditor earlier than thirty days after filing of proof of service with the clerk of the court in which enforcement of such judgment is sought.
(P.A. 73-498, S. 2, 3; P.A. 00-191, S. 9; P.A. 01-195, S. 67, 181.)
History: P.A. 00-191 amended Subsec. (c) by requiring mailing of notice of foreign judgment by registered or certified mail, return receipt requested, and prohibiting distribution of proceeds until proof of service is filed with clerk of court in which enforcement of judgment is sought; P.A. 01-195 made a technical change in Subsec. (c) for purposes of gender neutrality, effective July 11, 2001.
Cited. 192 C. 10; 225 C. 102.
Cited. 14 CA 157; Id., 384. Modification of a domesticated foreign judgment does not automatically require refiling in the domestication state. 86 CA 617. Judgment is a valid final judgment, the enforcement of which has not been barred and which implicates neither personal nor subject matter jurisdiction. 87 CA 337.
Cited. 38 CS 468.
Subsec. (b):
Where enforcement in this state of an out-of-state judgment is challenged under the provision of Uniform Enforcement of Foreign Judgments Act that purports to subject the foreign judgment to same defenses as may be raised against an in-state judgment, only those defenses that claim absence of personal or subject matter jurisdiction in the issuing court, which are permissible under full faith and credit clause of federal constitution, may be raised. 76 CA 814. Interpreting provision to allow judgment debtor to raise substantive defenses to continuing validity of a domesticated foreign judgment would put statute into conflict with full faith and credit clause of the U.S. Constitution. 86 CA 617. Because trial court ordered that interest be paid on domesticated judgment, the interest order was postjudgment. 87 CA 337.
Notes of Decisions
Seaboard Sur. Co. v. Waterbury, 451 A.2d 291 (Conn. Super. Ct. 1982).
· cites it 10× “” General Statutes § 52-605 (b). The parties conceded, and the trial court found, that this statute could not be relied upon here, since the New York judgment was obtained by confession.”
Nastro v. D'Onofrio, 822 A.2d 286 (Conn. App. Ct. 2003).
· cites it 10× “This case requires us to interpret this section so that it does not run afoul of the full faith and credit clause, which limits the authority of Connecticut courts to delve into the merits of an out-of-state judgment.”
Guilford Yacht Club Ass'n v. Ne. Dredging, Inc., 468 A.2d 1235 (Conn. 1984).
· cites it 6× “al Statutes § 49-44 provides in part: “Any suitor having an unsatisfied judgment obtained in any court of this state or of the United States within this state, may cause to be recorded, in the town clerk’s office in the town where the land lies, a certificate signed by the…”
Harris v. Harris, 540 A.2d 1079 (Conn. App. Ct. 1988).
· cites it 10× “The trial court denied the defendant’s motion to vacate, 2 ruling that the Massachusetts court’s order that execution issue on the judgment was a final judgment within the meaning of General Statutes § 52-605, and thus entitled to full faith and credit pursuant to § 52-605.”
Segal v. Segal, 823 A.2d 1208 (Conn. 2003).
· cites it 4× “” General Statutes § 52-605 provides in relevant part: “(a) A judgment creditor shall file, with a certified copy of a foreign judgment, in the court in which enforcement of such judgment is sought, a certification that the judgment was not obtained by default in appearance or…”
Anderson v. Tucker, 68 F.R.D. 461 (D. Conn. 1975).
· cites it 8× “His motion is based in part upon Anderson’s alleged noncompliance with Conn. Gen.Stat.Ann. § 52-605. This section, part of the Uniform Enforcement of Foreign Judgments Act, sets forth certain procedures for enforcing foreign judgments and is reproduced in relevant part in the…”
Moasser v. Becker, 828 A.2d 116 (Conn. App. Ct. 2003).
· cites it 5× “General Statutes § 52-605 (a) provides: “A judgment creditor shall file, with a certified copy of a foreign judgment, in the court in which enforcement of such judgment is sought, a certification that the judgment was not obtained by default in appearance or by confession of…”
Collard & Roe, PC v. Klein, 865 A.2d 500 (Conn. App. Ct. 2005).
· cites it 3× “Pursuant to General Statutes § 52-605 (b), a foreign judgment is to be “treated in the same manner as a judgment of a court of this state.”
Segal v. Segal, 863 A.2d 221 (Conn. App. Ct. 2004).
· cites it 12× “” General Statutes § 52-605 (b). In his view, even a domestic judgment would not be enforceable, in a partition action, merely by exhibiting the judgment to the partition judge, and the same *632 rule should govern enforcement of a foreign judgment.”
In Re Squillante, 259 B.R. 548 (Bankr. D. Conn. 2001).
· cites it 2× “Conn.Gen.Stat. § 52-605. (See Ex. 6.) 4 .”
Caruso v. Perlow, 440 F. Supp. 2d 117 (D. Conn. 2006).
· cites it 2× “The procedure Plaintiff invokes for registering the Florida state-court judgments in this Court is set forth in a Connecticut state statute, namely Connecticut’s Uniform Enforcement of Foreign Judgments Act, Conn. Gen.Stat. § 52-605. An analogous procedure exists under federal…”
Cahaly v. Benistar Prop. Exch. Trust Co., 812 A.2d 1 (Conn. App. Ct. 2002).
· cites it 6× “Further, if the plaintiff is successful in the Massachusetts action, she will register that judgment in Connecticut pursuant to the Uniform Enforcement of Foreign Judgments Act, General Statutes § 52-605, which contains, in part, the procedure for filing a foreign judgment in…”
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