Sec. 52-278f. Issuance of prejudgment remedy when defendant in commercial transaction has waived notice and hearing.
164 words·~1 min read·
/ct/title-52/chapter-903a-prejudgment-remedies/52-278f·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In an action upon a commercial transaction, as defined in section 52-278a , wherein the defendant has waived his right to a notice and hearing under sections 52-278a to 52-278g , inclusive, the attorney for the plaintiff shall issue the writ for a prejudgment remedy without securing a court order provided that
(1)the complaint shall set forth a copy of the waiver;
(2)the plaintiff shall file an affidavit sworn to by the plaintiff or any competent affiant setting forth a statement of facts sufficient to show that there is probable cause that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment remedy sought, taking into account any known defenses, counterclaims or set-offs, will be rendered in the matter in favor of the plaintiff; and
(3)the plaintiff shall include in the process served on the defendant a notice satisfying the requirements of subsections
(b)and
(c)of section 52-278e .