2005 Connecticut Code - Sec. 52-86. When creditor may appear and defend. Costs. Prohibited defenses.
Sec. 52-86. When creditor may appear and defend. Costs. Prohibited defenses.
(a) In any action in which property has been attached, any person may appear and defend
in the name of the defendant if: (1) He files in the court an affidavit (A) that he is a
creditor of the defendant, (B) that he has good reason to believe, and does believe, that
the amount which the plaintiff claims was not justly due at the commencement of the
action, and (C) that he is in danger of being defrauded by a recovery by the plaintiff;
and (2) he gives bond with surety to the plaintiff, in such amount as the court approves,
for the payment of such costs as the plaintiff may thereafter recover.
(c) A creditor appearing pursuant to the provisions of this section shall not be permitted to plead in abatement, to plead or give in evidence the statute of limitations, to plead that the contract was not in writing according to the requirements of the statute, or to plead any other statutory defense consistent with the justice of the plaintiff's claim.
(1949 Rev., S. 7807; P.A. 82-160, S. 33.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Does not impair any right of attaching creditor, but affords him an additional remedy. 25 C. 362. Cited. 151 C. 611.
Garnishment of a debt due a nonresident defendant is in the nature of a proceeding in rem; no service of process on the defendant is required. 20 CS 293. Cited. 25 CS 274.
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