Form JD-CV-5 "Property Execution Proceedings - Application, Order, Execution" - Connecticut

What Is Form JD-CV-5?

This is a legal form that was released by the Connecticut Superior Court - a government authority operating within Connecticut. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on September 1, 2009;
  • The latest edition provided by the Connecticut Superior Court;
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Download Form JD-CV-5 "Property Execution Proceedings - Application, Order, Execution" - Connecticut

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STATE OF CONNECTICUT
PROPERTY EXECUTION PROCEEDINGS
SUPERIOR COURT
APPLICATION, ORDER, EXECUTION
www.jud.ct.gov
JD-CV-5 Rev. 9-09, C.G.S. §§ 52-356a, 52-356d
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 has
Make execution as directed in the "Execution" section
Application. If judgment debtor is a natural person,
been entered on the judgment, the time for filing an
below. Attach return to signed original within 4 months
attach copy of form JD-CV-5b. Present original and
appeal of the judgment has expired, no appeal has been
from the date this execution issued. If judgment debtor
3 copies to clerk of court. Enter name and address
filed staying enforcement of the judgment and that the
is a natural person, attach exemption claim form
of person to receive issued execution in the address
information provided on the application is correct. Sign
JD-CV-5b to copy(ies) of execution served. Complete
box below. See Notice to Judgment Creditor or
original execution; return original and 2 copies to the
Section II on exemption claim form.
Attorney on back/page 2.
applicant. Retain a copy for the file.
APPFEXT
Name and mailing address of Judgment Creditor or Attorney
(To be completed by Judgment Creditor or Attorney)
*APPFEXT*
EXISSUE
*EXISSUE*
EXRETD
*EXRETD*
Address of Court (Number, street, and town)
Date of judgment
Docket number
Geographic Area
Judicial District
Housing Session
Name(s) and address(es) of Judgment Creditor(s) making application
Name(s) and address(es) of Judgment Debtor(s)
(Fold)
(Include any necessary identification information)
1. Amount of judgment
2. Amount of costs and fees
3. Total amount of judgment, costs and fees
(Include, where applicable, prejudgment interest
(Add 1 and 2)
and attorney's fees)
4. Total amount paid (If any)
5. Total amount unpaid (Subtract 4 from 3)
6. Application fee for property execution
7. total of lines 5 and 6
?
(If not waived
by the court)
Is this judgment arising out of services provided at a hospital?
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
?
If yes, has a stay of property execution been
personal, family or household purposes)
No
Yes
No
Yes
entered 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)
Date signed
Telephone number (Include area code)
Signed (Judgment Creditor or Attorney)
To Any Proper Officer:
Whereas on said date of judgment the Judgment Creditor(s) recovered 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
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 of peace. If the
judgment debtor has left the state prior to service of this execution, or if he cannot be found with reasonable effort at his 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 clerk of the Superior Court and (2) making a reasonable effort to ascertain
and provide notice of the execution at any forwarding address.
FOR COURT USE ONLY
See back/page 2 for additional command regarding Demand on Third Person.
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.
On (Date)
Signed (Assistant Clerk)
Page 1 of 2
PROPERTY EXECUTION PROCEEDINGS
Print Form
Reset Form
STATE OF CONNECTICUT
PROPERTY EXECUTION PROCEEDINGS
SUPERIOR COURT
APPLICATION, ORDER, EXECUTION
www.jud.ct.gov
JD-CV-5 Rev. 9-09, C.G.S. §§ 52-356a, 52-356d
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 has
Make execution as directed in the "Execution" section
Application. If judgment debtor is a natural person,
been entered on the judgment, the time for filing an
below. Attach return to signed original within 4 months
attach copy of form JD-CV-5b. Present original and
appeal of the judgment has expired, no appeal has been
from the date this execution issued. If judgment debtor
3 copies to clerk of court. Enter name and address
filed staying enforcement of the judgment and that the
is a natural person, attach exemption claim form
of person to receive issued execution in the address
information provided on the application is correct. Sign
JD-CV-5b to copy(ies) of execution served. Complete
box below. See Notice to Judgment Creditor or
original execution; return original and 2 copies to the
Section II on exemption claim form.
Attorney on back/page 2.
applicant. Retain a copy for the file.
APPFEXT
Name and mailing address of Judgment Creditor or Attorney
(To be completed by Judgment Creditor or Attorney)
*APPFEXT*
EXISSUE
*EXISSUE*
EXRETD
*EXRETD*
Address of Court (Number, street, and town)
Date of judgment
Docket number
Geographic Area
Judicial District
Housing Session
Name(s) and address(es) of Judgment Creditor(s) making application
Name(s) and address(es) of Judgment Debtor(s)
(Fold)
(Include any necessary identification information)
1. Amount of judgment
2. Amount of costs and fees
3. Total amount of judgment, costs and fees
(Include, where applicable, prejudgment interest
(Add 1 and 2)
and attorney's fees)
4. Total amount paid (If any)
5. Total amount unpaid (Subtract 4 from 3)
6. Application fee for property execution
7. total of lines 5 and 6
?
(If not waived
by the court)
Is this judgment arising out of services provided at a hospital?
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
?
If yes, has a stay of property execution been
personal, family or household purposes)
No
Yes
No
Yes
entered 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)
Date signed
Telephone number (Include area code)
Signed (Judgment Creditor or Attorney)
To Any Proper Officer:
Whereas on said date of judgment the Judgment Creditor(s) recovered 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
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 of peace. If the
judgment debtor has left the state prior to service of this execution, or if he cannot be found with reasonable effort at his 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 clerk of the Superior Court and (2) making a reasonable effort to ascertain
and provide notice of the execution at any forwarding address.
FOR COURT USE ONLY
See back/page 2 for additional command regarding Demand on Third Person.
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.
On (Date)
Signed (Assistant Clerk)
Page 1 of 2
PROPERTY EXECUTION PROCEEDINGS
Print Form
Reset Form
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, 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 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 pay to the proper
officer 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 proper officer when the debt becomes due if it becomes due within four months after the date of issuance of this execution.
Notice To Judgment Creditor Or Attorney
Pursuant to Public Act 03-266, Section 9, in the case of a judgment arising 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, and decide whether to modify the installment payment plan, continue the installment payment plan, or lift the stay.
Demand On third Person (continued from front/page 1)
A. If judgment debtor is a natural person:
B. If judgment debtor is not a natural person:
On failure of the judgment debtor to make immediate payment
On failure of the judgment debtor to make
of all sums due under the money judgment, and upon your being
immediate payment of all sums due under the money
unable to levy on nonexempt personal property of the judgment
judgment and upon your being unable to levy on
debtor in the judgment debtor's possession and, if the judgment
nonexempt personal property of the judgment debtor in
debtor has left the state prior to the service of this execution, upon
the judgment debtor's possession and, if the judgment
your being unable to obtain payment sufficient to satisfy the
debtor has left the state prior to the service of this
judgment by making demand for payment at the judgment debtor's
execution, upon your being unable to obtain payment
last known address in this state and on any agent or attorney of the
sufficient to satisfy the judgment by making demand
judgment debtor of record with the clerk of the Superior Court, you
for payment at the judgment debtor's last known
are also commanded to make demand upon any third person having
address in this state and on any agent or attorney of
possession of nonexempt personal property of the judgment debtor
the judgment debtor of record with the clerk of the
for payment to you, or to levy on any nonexempt personal property
Superior Court, you are also commanded to make
or debt due said judgment debtor sufficient to satisfy the total
demand upon any third person having possession of
amount of judgment unpaid pursuant to Gen. Stat. 52-356a(4)(c).
nonexempt personal property of the judgment debtor
After having made such demand you are directed to serve two true
for payment to you or to levy on any nonexempt
and attested copies of this execution, together with the exemption
personal property or debt due said judgment debtor(s)
claim form, with your doings endorsed thereon, on the third person
sufficient to satisfy the total amount of the judgment
upon whom such demand was made.
unpaid pursuant to Gen. Stat. 52-356a(4)(c).
Page 2 of 2
JD-CV-5 (page 2) Rev. 9/09
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