Sec. 52-278b. Availability of prejudgment remedy. - Connecticut Statutes

      Sec. 52-278b. Availability of prejudgment remedy. Notwithstanding any provision of the general statutes to the contrary, no prejudgment remedy shall be available to a person in any action at law or equity (1) unless he has complied with the provisions of sections 52-278a to 52-278g, inclusive, except an action upon a commercial transaction wherein the defendant has executed a waiver as provided in section 52-278f, or (2) for the garnishment of earnings as defined in subdivision (5) of section 52-350a.

      (P.A. 73-431, S. 2, 8; P.A. 90-149, S. 2.)

      History: P.A. 90-149 added Subdiv. (2) prohibiting the garnishment of earnings as a prejudgment remedy.

      Cited. 176 C. 432. Cited. 181 C. 524. Cited. 184 C. 85. Cited. 188 C. 69. Cited. 208 C. 13. Secs. 52-278a-52-278g also cited. Id. Cited. 222 C. 361; Id., 541. Cited. 232 C. 216.

      Cited. 1 CA 188. Cited. 4 CA 510. Secs. 52-278a-52-278g cited. 14 CA 579. Cited. 28 CA 809. Cited. 32 CA 118. Cited. 33 CA 223. Cited. 34 CA 801. Cited. 46 CA 399.

      Cited. 38 CS 98. Subdiv. (2): Since commissions a real estate salesperson receive are debts accruing by reason of personal service they are "earnings" under Sec. 52-350a(5) and are exempt from garnishment in a prejudgment remedy application. 50 CS 460.