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Application For And Writ Of Execution Property Form. This is a Connecticut form and can be use in District Court Federal.
Tags: Application For And Writ Of Execution Property, Connecticut Federal, District Court
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
APPLICATION FOR AND WRIT OF EXECUTION
PROPERTY
APPLICATION
To the United States District Court for the District of Connecticut at
a judgment entered on
. Docket No.
(
, Connecticut, in connection with
), Case name:
NAME AND ADDRESS OF JUDGMENT CREDITOR(S) MAKING APPLICATION:
NAME(S) AND ADDRESS(ES) OF JUDGMENT DEBTOR(S):
AMOUNT OF JUDGMENT:
$
AMOUNT OF COSTS:
$
AMOUNT OF INTEREST
(if applicable):
$
TOTAL JUDGMENT AND COSTS:
$
TOTAL PAID ON ACCOUNT:
$
TOTAL UNPAID JUDGMENT:
$
IS THIS A JUDGMENT ARISING OUT OF SERVICES PROVIDED AT A HOSPITAL?
No
Yes
(If yes, see "Notice to Judgment Creditor or Attorney" section on 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.
No
Yes
(If yes, has a stay of property execution been entered pursuant to an installment pay order?)
Yes
No
IF A STAY OF PROPERTY EXECUTION HAS BEEN ENTERED, HAS THE JUDGMENT DEBTOR DEFAULTED ON AN INSTALLMENT PAYENT ORDER?
No
Yes
(Specify)
Signature of Attorney or Party Making Application.
Date
Printed Name
Bar Number
Street Address
Phone Number
City/State/Zip
Email Address
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(Rev. 5/13/08)
INSTRUCTIONS FOR WRIT OF PROPERTY EXECUTION
JUDGMENT CREDITOR OR ATTORNEY - Complete and print original. If judgment
debtor is a natural person, attach copy of Exemption Form.
NOTICE TO JUDGMENT CREDITOR OR ATTORNEY- Pursuant to Public Act 03-266,
Section 9, in the case of a judgment arising out of services provided at a hospital, no application
for a property execution shall be made until the court has (A) issued an order for installment
payments in accordance with Gen. Stat. § 52-356d, (B) made a finding that the debtor has
defaulted on payments under the order, and (C) lifted the mandatory stay concerning
noncompliance or default. The court also shall decide whether to modify the installment
payment plan, continue the installment payment plan, or lift the stay.
MARSHAL - Make execution as directed in the “Execution” section. Make return on signed
original within four months from the date this execution issued. If judgment debtor is a natural
person, attach exemption form to copy(ies) of execution served. Complete Section II on
exemption claim form.
PERSON IN POSSESSION OF PROPERTY OF JUDGMENT DEBTOR WHO IS A
NATURAL PERSON - Pursuant to Conn. Gen. Stat. § 52-356a, you are required to mail to the
judgment debtor (indicated on reverse side) at his or her last known address, postage 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 marshal
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 marshal 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 Conn. Gen. Stat. § 52-356a, you are required to deliver to
the marshal, property in your possession owned by the judgment debtor or pay to the marshal the
amount of a debt owed by you to the judgment debtor, provided, if the debt owed by you is not
yet payable, payment shall be made to the marshal when the debt becomes due within four
months after the date of issuance of this execution
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PROPERTY EXECUTION
TO ANY PROPER OFFICER:
Whereas on said date of Judgment the above-named Judgment Creditor(s) recovered a judgment against
the Judgment Debtor(s) before the Court for the amount stated, as appears of record, whereof execution remains
to be done. These are therefore, BY AUTHORITY OF THE UNITED STATES DISTRICT COURT 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, 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 property is in the possession of the
judgment debtor, you shall take such personal property into your possession as is accessible without breach of the
peace. If the judgment debtor has left the state prior to service of this execution, or if the judgment debtor cannot
be found with reasonable effort at the last known address in this state, you shall proceed with the levy after (1)
making demand for payment at such last known address and on any agent or attorney of the judgment debtor of
record with the United States District Court for the District of Connecticut and (2) making a reasonable effort to
ascertain and provide notice of the execution at any forwarding address.
A. If judgment debtor is a natural person: On failure of the judgment debtor to make immediate
payment of all sums due under the money judgment, and upon your being unable to levy on nonexempt
personal property of the judgment debtor in the judgment debtor's possession and, if the judgment
debtor has left the state prior to the service of this execution, upon your being unable to obtain payment
sufficient to satisfy the judgment by making demand for payment at the judgment debtor's last known
address in this state and on any agent or attorney of the judgment debtor of record with the Clerk of the
U. S. District Court for the District of Connecticut, you are also commanded to make demand upon any
third person having possession of nonexempt personal property of the judgment debtor for payment to
you, or to levy on any nonexempt personal property or debt due said judgment debtor sufficient to satisfy
the total amount of judgment unpaid pursuant to Gen. Stat. 52-356a(4)(c). After having made such
demand you are directed to serve two true and attested copies of this execution, together with the
exemption claim form, with your doings endorsed thereon, on the third person upon whom such demand
was made.
B. If judgment debtor is not a natural person: On failure of the judgment debtor to make immediate
payment of all sums due under the money judgment and upon your being unable to levy on nonexempt
personal property of the judgment debtor in the judgment debtor's possession and, if the judgment
debtor has left the state prior to the service of this execution, upon your being unable to obtain payment
sufficient to satisfy the judgment by making demand for payment at the judgment debtor's last known
address in this state and on any agent or attorney of the judgment debtor of record with the Clerk of the
U. S. District Court for the District of Connecticut, you are also commanded to make demand upon any
third person having possession of nonexempt personal property of the judgment debtor for payment to
you or to levy on any nonexempt personal property or debt due said judgment debtor(s) sufficient to
satisfy the total amount of the judgment unpaid pursuant to Gen. Stat. 52-356a(4)(c).
HEREOF FAIL NOT, AND MAKE DUE RETURN OF THIS WRIT WITH YOUR DOINGS
THEREON, ACCORDING TO LAW, WITHIN FOUR MONTHS HEREOF.
NOTICE: THE JUDGMENT DEBTOR’S NONEXEMPT PERSONAL PROPERTY IS SUBJECT TO
LEVY, SEIZURE AND SALE BY THE PROPER OFFICER PURSUANT TO THIS EXECUTION.
DATED AT
CONNECTICUT, THIS
DAY OF
, 20
.
ROBERTA D. TABORA, CLERK
BY:
DEPUTY CLERK
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RETURN OF SERVICE
STATE OF CONNECTICUT
:
:
COUNTY OF
On the
ss:
:
day of
, 20
, then and there I duly served the foregoing
application, order and execution on
by leaving with or at the usual place of abode of
a true and attested copy of the original application, order and execution.
Attest:
Proper Officer
Title
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