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Note:
These documents must
be filed in duplicate with the court
-
Notice of
Application for Prejudgment Remedy/Claim for Hearing to Contest Application
or Claim Exemption (form JD-CV 53)
- Application for PJR
- Affidavit by the
plaintiff or competent affiant containing statement of facts sufficient to
show probable cause that a judgment in the amount of the prejudgment remedy
sought, or in an amount greater than the amount of the prejudgment remedy
sought, taking into account any known defenses, counterclaims or set-offs,
will be rendered in the matter in favor of the plaintiff.
- Order for hearing and
notice
- Summons for hearing
Note: Consult
C.G.S.
Sec. 52-278c (b) for form of Application, Order, and Summons.
-
Proposed unsigned
writ, summons, and complaint
- Proposed order
granting relief containing a description of the property as well as the
appropriate standard of probable cause. (Although this proposed order is not
statutorily required, it is usually requested by the judge when the
application is granted.)
Note:
If replevin is
sought
(C.G.S.
Sec. 52-515 et seq.), the
application must also contain an affidavit of value and a form of bond,
pursuant to
C.G.S.
Sec. 52-518 and 52-519.
- Application fee. The
current fee is $475: $300 entry fee plus $175 PJR fee.
Ex Parte PJR
(C.G.S.
Sec. 52-278e) - Documents
Required
Note: These documents
must be filed in duplicate with the court
- Notice of Ex Parte
Prejudgment Remedy/Claim for Hearing to Dissolve or Modify
(form
JD-CV 55)
- Application for PJR
Note: Consult
C.G.S.
Sec. 52-278c (b) for form of Application, which can be modified
for an ex parte PJR.
- Affidavit by the
plaintiff or competent affiant containing statement of facts sufficient to
show probable cause that a judgment in the amount of the prejudgment remedy
sought, or in an amount greater than the amount of the prejudgment remedy
sought, taking into account any known defenses, counterclaims or set-offs,
will be rendered in the matter in favor of the plaintiff AND to show that
the defendant:
- has hidden or will
hide himself so that process cannot be served on him; or
- is about to remove
himself or his property from this state; or
- is about to
fraudulently dispose of or has fraudulently disposed of any of his
property with intent to hinder, delay or defraud his/her creditors; or
- has fraudulently
hidden or withheld money, property or effects which should be liable to
the satisfaction of his debts.
- Signed writ, summons,
and complaint
- Proposed order
granting ex parte relief, containing a description of the property as well
as the appropriate standard of probable cause. (Although this proposed
order is not statutorily required, it is usually requested by the judge when
the application is granted.)
Note: If replevin is sought
(C.G.S.
Sec. 52-515 et seq.), the application must also contain an affidavit of value and a
form of bond, pursuant to
C.G.S.
Sec. 52-518 and
52-519.
- Application fee. The
current fee is $175. An entry fee of $300 must be paid when the case is
returned to the court after service on the defendant
PJR When Defendant in Commercial
Transaction Has Waived Notice and Hearing
(C.G.S.
Sec. 52-278f)
- Documents Required
Note: These documents must be served on the Defendant.
- A Notice of Ex Parte Prejudgment
Remedy/Claim for Hearing to Dissolve or Modify
(form JD-CV 55) may be used to satisfy the requirement of notice in
C.G.S. Sec. 52-278f.
- Signed complaint that includes a copy
of the waiver
- Affidavit by the plaintiff or competent
affiant containing statement of facts sufficient to show probable cause that
a judgment in the amount of the prejudgment remedy sought, or in an amount
greater than the amount of the prejudgment remedy sought, taking into
account any known defenses, counterclaims or set-offs, will be rendered in
the matter in favor of the plaintiff.
Note: If replevin is sought
(C.G.S.
Sec. 52-515 et seq.), the application must also contain an
affidavit of value and a form of bond, pursuant to
C.G.S.
Sec. 52-518 and
52-519.
-
There is no application fee. An entry fee of $300 must be paid if and when
the case is returned to the court after service on the defendant.
Civil
Procedures
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