Connecticut § 52-598 - Execution or action upon judgment for money damages. Motion to revive judgment.

§ 52-598. Execution or action upon judgment for money damages. Motion to revive judgment.

Sec. 52-598. Execution or action upon judgment for money damages. Motion to revive judgment. (a) No execution to enforce a judgment for money damages rendered in any court of this state may be issued after the expiration of twenty years from the date the judgment was entered and no action based upon such a judgment may be instituted after the expiration of twenty-five years from the date the judgment was entered, except that there shall be no time limitation on the issuance of such execution or the institution of such action if the judgment was rendered in an action to recover damages for personal injury caused by sexual assault where the party legally at fault for such injury was convicted of a violation of section 53a-70 or 53a-70a.

(b) No execution to enforce a judgment for money damages rendered in a small claims session may be issued after the expiration of ten years from the date the judgment was entered, and no action based upon any such judgment may be instituted after the expiration of fifteen years from the date the judgment was entered.

(c) With respect to a judgment for money damages rendered in any court of this state, including, but not limited to, a small claims session, a motion to revive such judgment may be filed with the Superior Court prior to the expiration of any applicable period of time to enforce such judgment as set forth in this section. The court may grant the motion to revive the judgment if the court finds that the applicable time period to enforce the judgment under this section has not expired. No order to revive a judgment may extend the time period to enforce a judgment beyond the applicable time period set forth in this section.

(1953, S. 3234d; P.A. 76-59, S. 2; P.A. 77-452, S. 32, 72; P.A. 82-160, S. 255; P.A. 84-317, S. 1, 3; P.A. 02-138, S. 22; P.A. 09-215, S. 1.)

History: P.A. 76-59 essentially replaced previous provisions which simply stated “No action based upon a judgment for money damages which has been rendered in any court of this state shall be instituted after the expiration of 21 years from the date of such judgment, provided no payments have been made on the same during such period”; P.A. 77-452 removed reference to “court of common pleas” small claims sessions in exception, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 84-317 increased the time limitation on executions to enforce judgment for money damages rendered in small claims court from 5 to 10 years from date judgment was entered and institution of action based on any such judgment from 10 to 15 years from date judgment was entered; P.A. 02-138 amended Subsec. (a) to add exception eliminating time limitation if judgment was rendered in action for damages caused by sexual assault where party legally at fault was convicted of violating Sec. 53a-70 or 53a-70a; P.A. 09-215 added Subsec. (c) re motion to revive judgment.

Cited. 15 CA 752; 38 CA 44; 45 CA 543. Subsec. (c) is a procedural statute that confers continuing jurisdiction on the court, and may properly be applied retroactively. 132 CA 192; judgment affirmed, see 309 C. 840.