DocketNumber: No. CV 96-0325800-S
Citation Numbers: 1996 Conn. Super. Ct. 9658
Judges: CARROLL, J.
Filed Date: 11/19/1996
Status: Non-Precedential
Modified Date: 4/17/2021
Connecticut General Statutes
Connecticut General Statutes
If the court, upon consideration of the facts before it and taking into account any defenses, counterclaims or set-offs . . . finds that the plaintiff has shown probable cause that such a judgment will be rendered . . . in the plaintiff's favor . . . the prejudgment remedy applied for shall be granted as requested or as modified by the court.
"The hearing in probable cause for the issuance of a prejudgment remedy is not contemplated to be a full scale trial on the merits of the plaintiff's claim. The plaintiff does not have to establish that he will prevail, only that there is probable cause to sustain the validity of the claim." Giordano v.Giordano,
While the plaintiff asserts that to the best of the plaintiff's knowledge there are no "offsets" (sic) or counterclaims to the plaintiff's claims, the defendant has testified and presented evidence as to possible setoffs, counterclaims and defenses, some of which defenses are apparently sounding in fraud and duress. Based upon the Court's assessment of the relative credibility of the witnesses and evidence presented at the hearing upon the Application for the Prejudgment Remedy, the Court finds that the plaintiff has failed to sustain its burden of establishing that there is probable cause to sustain the validity of the plaintiff's claim in the amount as claimed by the plaintiff.
Accordingly, the plaintiff's application for a prejudgment remedy of replevin is denied.
BY THE COURT
CARROLL, J. CT Page 9660