Post Judgment Remedies Interrogatories {JD-CV-23}

POST JUDGMENT REMEDIES INTERROGATORIES JD-CV-23 Rev. 11-10 Gen. Stat. §§ 52-321a, 52-351b, 52-352b, 52-361a, 52-361b, 52-400a, 52-400c STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov Form JD-CV-23a must be attached to this form Judicial District Housing Session Geographical Area number Docket number At Address of court (Number, street, town, and zip code) Date of judgment Name of creditor (Person or business judgment is for) Name of judgment debtor (Person or business judgment is against) Original amount of judgment Address of judgment creditor (Street and town) Address of judgment debtor (Street and town) Amount due on the judgment Name and address of person believed to have assets of judgment debtor (If applicable) Date interrogatories were served (Delivered) Name and address of person that interrogatories must be returned to Instructions To: Judgment Creditor: Put an "X" in the box next to the questions to be answered on form JD-CV-23a that is attached to this form. Person who received interrogatories: Answer the questions indicated by an "X" on form JD-CV-23a that is attached to this form. You must give information that you have about the assets of the judgment debtor up to an amount clear enough to satisfy the judgment indicated by the "Amount due on the judgment" above. Place your answers in the space provided on the form. If you need more space to answer the questions, use the space on the back of form JD-CV-23a or attach additional sheets to this form. Notice Do not file the interrogatories, the notice of interrogatories or the objections to the interrogatories with the court. The person who received these interrogatories must answer and return them within 30 days of the date of their service (delivery) to the person named above. If the person who received these interrogatories does not answer and return them within 30 days or does not within 30 days disclose assets of the judgment debtor that are enough for execution, or if the person who received the interrogatories objects within 30 days, the judgment creditor may ask the court for additional discovery orders that may be necessary to make sure that disclosure is made including (1) an order for compliance with the interrogatories or (2) an order authorizing additional interrogatories. The judgment creditor may ask for and get discovery, including the taking of depositions, from any person served with interrogatories under the procedures for discovery in civil actions without the court ordering it. The court may order additional discovery as justice requires. If the person asked for discovery does not disclose the judgment debtor's assets, that person may be held in contempt of court. Attorney's fees may be allowed for counsel at a contempt hearing necessary to enforce a court order and for counsel at any discovery hearing required because these interrogatories were not answered. Notice Of Rights To Person Served 1. Under Section 52-351b of the General Statutes, you must disclose information about the amount, nature and location of the judgment debtor's assets up to an amount clearly enough in value for full satisfaction of the judgment with interest and costs. 2. Under subsection (d) of Section 52-351b of the General Statutes, any party who must disclose information about the judgment debtor's assets may apply to the court to be protected from annoyance, embarrassment, oppression or undue burden or expense. 3. Certain personal property of the judgment debtor is exempt from execution (cannot be used to satisfy judgment). The following list is a description of common types of property that are exempt from execution from a judgment debtor who is a natural person. (Section 52-352b of the General Statutes). (a) Apparel, bedding, foodstuffs, household furniture and appliances that are needed by the judgment debtor to live; (b) Tools, books, instruments, farm animals and livestock feed that are needed by the judgment debtor in the course of his or her occupation, or profession, farming operation or farming partnership; (c) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program; Print Form (Continued on page 2) Reset Form American LegalNet, Inc. www.FormsWorkFlow.com Health and disability insurance payments; Health aids that are needed by the judgment debtor to work or to keep healthy; Worker's compensation, social security, veterans and unemployment benefits; Court approved payments for child support; Arms (weapons) and military equipment, uniforms or musical instruments owned by any member of the militia or armed forces of the United States; (i) One motor vehicle worth up to $3,500.00. The value of the motor vehicle must be determined as the fair market value of the motor vehicle minus the amount of all liens and security interests which are on it; (j) Wedding and engagement rings; (k) Residential utility deposits for one residence and one residential security deposit; (l) Any assets or interests of a judgment debtor in, or payments received by the judgment debtor from, a plan or arrangement described in Section 52-321a of the General Statutes, including, but not limited to, certain trust or retirement income or certain retirement, education, or medical savings accounts; (m) Alimony and support, other than child support, but only to the extent that wages are exempt from execution under Section 52-361a of the General Statutes; (n) An award under a crime reparations act; (o) All benefits allowed by any association of persons in this state to support any of its members that are incapacitated by sickness or infirmity from attending to his or her usual business; (p) All moneys that are owed to the judgment debtor from any insurance company on any insurance policy on exempt property, up to the same amount that the property was exempt; (q) Burial plot for the judgment debtor and his or her immediate family; (r) Transfers of money that cannot be taken back (revoked) to an account held by a debt adjuster licensed under Sections 36a-655 to 36a-665 of the General Statutes for the benefit of creditors of the judgment debtor; (s) Any interest of the judgment debtor in any property worth not more than $1,000.00; (t) Any interest of the judgment debtor worth not more than $4,000.00 in any accrued dividend or interest under, or loan value of, any unmatured life insurance contract owned by the judgment debtor under which the insured is the judgment debtor or is an