State Codes and Statutes

Statutes > Connecticut > Title52 > Chap906 > Sec52-356d

      Sec. 52-356d. Installment payment order. (a) When a judgment is rendered against a natural person, the judgment creditor or judgment debtor may move the court for an order for installment payments in accordance with a money judgment. After hearing and consideration of the judgment debtor's financial circumstances, the court may order installment payments reasonably calculated to facilitate payment of the judgment.

      (b) In the case of a consumer judgment, the court may provide that compliance with the installment payment order, other than with an order for nominal payments pursuant to subsection (c) of this section, shall stay any property execution or foreclosure pursuant to that judgment, provided such a stay is reasonable considering the nature of the debt and the financial circumstances of the judgment debtor. In the case of a judgment arising out of services provided at a hospital, the court shall provide that compliance with the installment payment order shall stay any property execution or foreclosure pursuant to that judgment, including, but not limited to, execution on wages, execution on bank accounts, and execution on or foreclosure of real property.

      (c) Notwithstanding the hearing requirement of subsection (a) of this section, on motion of the judgment creditor for an order of nominal payments, the court shall issue ex parte, without hearing, an order for nominal installment payments. The amount which shall constitute an order of nominal payments shall be set by the judges of the Superior Court. Such an order for nominal payments may be modified on motion of either party after hearing and consideration of the judgment debtor's financial circumstances.

      (d) An installment payment order shall not be enforced by contempt proceedings, but on the judgment debtor's default on payments thereon, the judgment creditor may apply for a wage execution pursuant to section 52-361a.

      (e) Interest on a money judgment shall continue to accrue under any installment payment order on such portion of the judgment as remains unpaid.

      (f) On motion of either party and after notice and hearing or pursuant to a stipulation, the court may make such modification of an installment payment order as is reasonable.

      (P.A. 83-581, S. 12, 40; P.A. 03-266, S. 10.)

      History: P.A. 03-266 amended Subsec. (b) by adding provisions re judgment arising out of hospital services.

      Use of term "order" discussed. 246 C. 183.

      Subsec. (a):

      Cited. 33 CA 395.

      Court may consider other factors beyond debtor's weekly salary when entering an installment pay order. 47 CS 291.