Conn. Gen. Stat. » Title 52 — CIVIL ACTIONS · Chapter 897 — Parties and Appearances
Connecticut General Statutes

Conn. Gen. Stat. § 52-88 (2025)

Defense by garnishee. Continuance, postponement or adjournment of action

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In any action in which property is garnished, if the defendant does not appear, any garnishee may be admitted to defend his principal; but, if the defendant is not in this state and does not appear, personally or by attorney, and the garnishee does not appear to defend, the action shall be continued, postponed or adjourned for three months from the return day of the writ. A continuance, postponement or adjournment, prescribed in section 52-87 or this section, shall not be granted or, if granted, shall terminate whenever the court finds that the absent or nonresident defendant, or his authorized agent or attorney, has received actual notice of the pendency of the case at least twelve days prior to such finding, and thereupon, unless some special reason is shown for further delay, the cause may be brought to trial.

(1949 Rev., S. 7809, 7810; P.A. 82-160, S. 35.)

History: P.A. 82-160 replaced action “by foreign attachment” with “in which property is garnished”.

Appearance by garnishee will not justify a judgment at the first term. K. 377. A garnishee, who defends, may retain costs from the funds factorized. 2 R. 250. “If the defendant is not in this state” applies to a nonresident defendant and not to an inhabitant of the state temporarily absent. 49 C. 452. Cited. 79 C. 15. Applied in action of ejectment; proper procedure outlined. 108 C. 175. Cited. 121 C. 35.

Actual notice under section obviates need to grant continuance provided in Sec. 52-87. 33 CS 570.

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Notes of Decisions
Cited in 5 cases, 1963–2011 · leading case: Reiner, Reiner & Bendett, P.C. v. Cadle Co., 897 A.2d 58 (Conn. 2006).
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Reiner, Reiner & Bendett, P.C. v. Cadle Co., 897 A.2d 58 (Conn. 2006). · cites it 2× “Section 52-88 provides that “[a] continuance, postponement or adjournment, prescribed in section 52-87 or this section, shall not be granted or, if granted, shall terminate whenever the court finds that the absent or nonresident defendant, or his authorized agent or attorney,…”
Hart, Nininger & Campbell Assocs. v. Rogers, 548 A.2d 758 (Conn. App. Ct. 1988). ““(d) A continuance or postponement under this section-shall not be granted or, if granted, shall terminate if actual notice is shown in accordance with section 52-88.” Practice Book § 353 provides: “defaults under soldiers’ and sailors’ relief act “An affidavit must be filed in…”
Devore Assocs., LLC v. Sorkin, 31 A.3d 420 (Conn. App. Ct. 2011). · cites it 3× “” To that end, General Statutes § 52-88 provides in relevant part: “A continuance, postponement or adjournment, prescribed in section 52-87 or this section, shall not be granted or, if granted, shall terminate whenever the court finds that the absent or nonresident defendant, or…”
Robertson v. Fazzalaro, 363 A.2d 755 (Conn. Super. Ct. 1976). · cites it 4× “1 Although the parties have not mentioned it, General Statutes § 52-88, which requires that no statutory continuance may be granted where actual notice is found, 2 must also be considered in conjunction with § 52-87.”
Aponte v. Rivera, 199 A.2d 182 (Conn. App. Ct. 1963). “The garnishees claim that they have the right to defend in place of a nonappearing defendant (§ 52-88) and were not negligent in having failed to do so, since they had no notice of the plaintiffs intention to claim default and judgment.”
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