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Property Execution Proceedings Application Order Execution JD-CV-5 - Connecticut
| Property Execution Proceedings Application Order Execution Form. This is a Connecticut form and can be used in Civil Statewide . |
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PROPERTY EXECUTION PROCEEDINGS STATE OF CONNECTICUT APPLICATION, ORDER, EXECUTION SUPERIOR COURT JD-CV-5 Rev. 1-04, C.G.S. 52-356a, 52-356d www.jud.state.ct.us P.A. 03-266 Sec. 9 SEE BACK/PAGE 2 FOR INSTRUCTIONS TO PERSON IN POSSESSION OF PROPERTY OF JUDGMENT DEBTOR TO JUDGMENT CREDITOR OR ATTORNEY TO CLERK TO PROPER OFFICER Type or print original and four copies of the Check the file to ensure that no stay of enforcement hasMake execution as directed in the "Execution" section Application. If judgment debtor is a natural person,been entered on the judgment, the time for filing anbelow. Attach return to signed original within 4 months attach copy of form JD-CV-5b. Present originalappeal of the judgment has expired, no appeal has beenfrom the date this execution issued. If judgment debtor and 3 copies to clerk of court. Enter name andfiled staying enforcement of the judgment and that theis a natural person, attach exemption claim form address of person to receive issued execution ininformation provided on the application is correct. SignJD-CV-5b to copy(ies) of execution served. Complete the address box below. See Notice to Judgment original execution; return original and 2 copies to theSection II on exemption claim form. Creditor or Attorney on back/page 2. applicant. Retain a copy for the file. NAME AND MAILING ADDRESS OF JUDGMENT CREDITOR OR ATTORNEY APPFEXT (To be completed by Judgment Creditor or Attorney) EXISSUE EXRETD ADDRESS OF COURT (Number, street, and town,)G.A. J.D. HOUSING SESS. DATE OF JUDGMENT DOCKET NUMBER (Fold) NAME(S) AND ADDRESS(ES) OF JUDGMENT CREDITOR(S) MAKING APPLICATION NAME(S) AND ADDRESS(ES) OF JUDGMENT DEBTOR(S) (Include any necessary identification information) 1. AMOUNT OF JUDGMENT (Include, where applicable, prejudg- 2. AMOUNT OF COSTS AND FEES3. TOTAL AMOUNT OF JUDGMENT, COSTS AND ment interest and attorneys fees) FEES (Add 1 and 2) 4. TOTAL AMOUNT PAID (If any) 5. TOTAL AMOUNT UNPAID (Subtract 4 from 3)6. APPL. FEE FOR PROP. EXECUTION 7. TOTAL OF LINES 5 AND 6 (If not waived by the court) IS THIS A JUDGMENT ARISING OUT OF SERVICES PROVIDED AT A HOSPITAL? APPLICATION NO YES (If yes, see Notice to Judgment Creditor or Attorney on back/page 2) IS THIS A CONSUMER JUDGMENT? ("Consumer judgment" means a money judgment of less than $5,000 against a natural person resulting from a debt incurred primarily for personal, family or household purposes) If yes, has a stay of property execution been NO YES NO YESentered pursuant to an installment payment order? IF A STAY OF PROPERTY EXECUTION HAS BEEN ENTERED, HAS THE JUDGMENT DEBTOR DEFAULTED ON AN INSTALLMENT PAYMENT ORDER? (Specify) SIGNED (Judgment Creditor or Attorney) DATE SIGNED TELEPHONE NO. (Include area code) To Any Proper Officer: Whereas on said date of judgment the Judgment Creditor(s) recovered judgment against the Judgment Debtor(s) before the court fo r the amount stated, as appears of record, whereof execution remains to be done. These are, therefore, BY AUTHORITY OF THE STATE OF CONNECTICUT TO COMMAND YOU: That of the nonexempt goods of said Judgment Debtor(s) within your precincts, you cause to be levied (the same being seized and sold as the law directs), paid and satisfied to said Judgment Creditor(s) the total unpaid amount of said judgment, plus your own fees in the following manner: You shall personally serve a copy of this execution on the judgment debtor, and if the judgment debtor is a natural person, a copy of the exemption claim form (JD-CV-5b), and make demand for payment by the judgment debtor of all sums due under the money judgment. On failure of the judgment debtor to make immediate payment you are commanded to levy on nonexempt personal property of the judgment debtor, other than debts due from a banking institution or earnings, sufficient to satisfy the judgment as follows: If such nonexempt personal property is in the possession of the judgment debtor, you shall take such personal property into your possession as is accessible without breach o f peace. If the judgment debtor has left the state prior to service of this execution, or if he cannot be found with reasonable e ffort at his last known address in this state, you shall proceed with the levy after (1) making demand for payment at such last known addres s EXECUTIONand on any agent or attorney of the judgment debtor of record with the clerk of the Superior Court and (2) making a reasonable effort to ascertain and provide notice of the execution at any forwarding address. See back/page 2 for additional command regarding Demand on Third Person. FOR COURT USE ONLY HEREOF FAIL NOT, AND MAKE DUE RETURN OF THIS WRIT WITH YOUR DOINGS THEREON, ACCORDING TO LAW, WITHIN FOUR MONTHS HEREOF. NOTICE:THE JUDGMENT DEBTORS NONEXEMPT PERSONAL PROPERTY IS SUBJECT TO LEVY, SEIZURE, AND SALE BY THE PROPER OFFICER PURSUANT TO THIS EXECUTION. SIGNED (Assistant Clerk) ON (Date) X PAGE 1 PAGE 1 OF OF 2 2 PROPERTY EXECUTION PROCEEDINGS <<<<<<<<<********>>>>>>>>>>>>> 2 INSTRUCTIONS (continued from front/page 1) PERSON IN POSSESSION OF PROPERTY OF JUDGMENT DEBTOR WHO IS A NATURAL PERSON Pursuant to Gen. Stat. 52-356a, you are required to mail to the judgment debtor indicated on the front/page 1 at his or her last known address, postag e prepaid, a copy of this property execution and the attached property execution exemption claim form. Complete Section III on exemption claim form before mailing it to judgment debtor. Twenty days from the date of the service of this property execution, you must deliver to the proper officer property owned by the judgment debtor in your possession or you must deliver to the proper officer payment of a debt owed by you to the judgment debtor. EXCEPT (1) If an exemption claim has been filed with the court you shall withhold delivery of the property or payment of the debt owed by you subject to the determination of the exemption claim by the court and (2) if the debt owed by you to the judgment debtor is not due at the expiration of the twenty days, you shall pay the amount to the proper officer when the debt becomes due if it becomes due within four months after the date of issuance of this execution. PERSON IN POSSESSION OF PROPERTY OF JUDGMENT DEBTOR WHO IS NOT A NATURAL PERSON Pursuant to Gen. Stat. 52-356a, you are required to deliver to the proper officer, property in your possession owned by the judgment debtor or p ay to the proper officer the amount of a debt owed by you to the judgment debtor, provided, if
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