DocketNumber: No. 0107120
Citation Numbers: 1995 Conn. Super. Ct. 6440, 14 Conn. L. Rptr. 435
Judges: FLYNN, J.
Filed Date: 6/30/1995
Status: Non-Precedential
Modified Date: 4/18/2021
Section
52-367b governs the execution against debts due from banks. Once a judgment debtor claims an exemption from execution pursuant to §52-367b (e), the court must schedule a short calendar hearing on the exemption claim. The exemption claim filed by the debtor is considered prima facie evidence that the claimed exemption exists. General Statutes §52-367b (f). The court, after conducting this hearing, must decide whether the exemption claim is meritorious; General Statutes §52-367b (i); and, if so, whether all or only part of the money deposited in the subject account is exempt. General Statutes §52-367b (j).
(Footnotes omitted.) People's Bank v. Perkins,
Subsections (d) and (e) of §
"Payment," as used by §
The following property of any natural person shall be exempt:
. . .
(d) Public assistance payments and any wages earned by a public assistance recipient under an incentive earnings or similar program;
(e) Health and disability insurance payments;
(g) Workers' compensation, social security, veterans and unemployment benefits;
(h) Court approved payments for child support;
. . .
(m) Any assets or interests of an exemptioner in, or payments received by the exemptioner from, a plan or arrangement described in section
52-321a ;
In the above quoted subsections, the term payment is used to refer to monies actually paid to and received by a judgment debtor from the statutorily exempt enumerated sources, not monies derived from nonexempt sources not yet paid for exempt purposes. There is no statutory exemption listed for monies from a nonexempt source merely earmarked by the judgment debtor to pay child support payments or alimony. The defendant's exemption claim does not have any statutory authority. The motion for exemption is denied.
FLYNN, J.