Motion to Open / Set Aside Default Judgment (Debt) - Connecticut

SUPERIOR COURT, STATE OF CONNECTICUT

JUDICIAL DISTRICT OF [____________] [☐ at ____________ / ☐ Housing Session / ☐ Small Claims (if applicable)]

DEFENDANT'S MOTION TO OPEN AND SET ASIDE DEFAULT JUDGMENT

(Conn. Gen. Stat. § 52-212; Conn. Practice Book § 17-43)

The Defendant, [____________] ("Defendant"), appearing [☐ self-represented / ☐ by counsel], respectfully moves the Court, pursuant to Conn. Gen. Stat. § 52-212 and Practice Book § 17-43, to open and set aside the default judgment entered against Defendant, to reinstate this case to the docket, to grant Defendant leave to defend, and to enjoin enforcement of the judgment pending decision. In support, Defendant states:

I. INTRODUCTION AND IDENTIFICATION OF THE JUDGMENT

1. This is a debt-collection action. Plaintiff obtained a judgment against Defendant upon default without Defendant having had an opportunity to defend on the merits.

2. Plaintiff commenced this action with a return date of [__/__/____], alleging [☐ breach of contract / ☐ account stated / ☐ money owed / ☐ common counts] on an alleged consumer debt originally owed to [ORIGINAL CREDITOR].

3. Defendant was [☐ defaulted for failure to appear / ☐ defaulted for failure to plead] on [__/__/____], and judgment upon default entered on [__/__/____] in the total amount of $[____________] (principal $[____]; interest $[____]; costs/fees $[____]).

4. Notice of the judgment was sent on or about [__/__/____]. This Motion is filed within four months of that date, as required by Conn. Gen. Stat. §§ 52-212 and 52-212a.

5. Defendant first learned of the judgment on [__/__/____], when [☐ a wage execution was served on Defendant's employer / ☐ a bank/property execution was served / ☐ Defendant received notice of the judgment / ☐ other: [____________]], and acted promptly thereafter.

II. LEGAL STANDARD

6. Conn. Gen. Stat. § 52-212(a) provides: "Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which the notice of judgment or decree was sent, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written motion of any party or person prejudiced thereby, showing reasonable cause, or that a good cause of action or defense in whole or in part existed at the time of the rendition of the judgment or the passage of the decree, and that the plaintiff or defendant was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense."

7. The motion "shall be verified by the oath of the complainant or his attorney, shall state in general terms the nature of the claim or defense and shall particularly set forth the reason why the plaintiff or defendant failed to appear." (§ 52-212(c).) The court "shall order reasonable notice of the pendency of the … written motion to be given to the adverse party, and may enjoin him against enforcing the judgment or decree until the decision upon the … written motion." (§ 52-212(d).)

8. Conn. Gen. Stat. § 52-212a confirms the limit: "Unless otherwise provided by law and except in such cases in which the court has continuing jurisdiction, a civil judgment or decree rendered in the Superior Court may not be opened or set aside unless a motion to open or set aside is filed within four months following the date on which the notice of judgment or decree was sent."

9. Practice Book § 17-43 implements § 52-212 and governs motions to open a judgment upon default or nonsuit. To prevail, the moving party must satisfy a two-pronged test: (1) a good defense, in whole or in part, existed at the time judgment was rendered; and (2) the defendant was prevented by mistake, accident, or other reasonable cause from making that defense. (Higgins v. Karp (1995) 233 Conn. 581.)

III. GROUNDS FOR OPENING THE JUDGMENT

A. Defendant Was Prevented by Mistake, Accident, or Other Reasonable Cause from Defending

☐ No actual notice / defective service. Defendant was never validly served and did not receive actual notice of this action in time to appear and defend. [Explain: Defendant did not reside or work at the abode/address of service; the process was left with someone who is not a household member; Defendant had moved before the action.] To the extent service failed to comply with Conn. Gen. Stat. §§ 52-54 and 52-57, the Court lacked personal jurisdiction and the judgment is void.

☐ Mistake or accident. Defendant was prevented from defending by [serious illness or hospitalization / a reasonable but mistaken belief that the matter was resolved or being handled / reliance on a payment arrangement with the collector / a clerical or calendaring error]. This was not the result of negligence or indifference by Defendant.

☐ Other reasonable cause. [Explain.]

B. This Motion Is Verified and Timely

10. This Motion is verified under oath as required by § 52-212(c) (see Verification below), particularly sets forth the reason Defendant failed to appear, and is filed within four months of the date notice of judgment was sent.

IV. GOOD DEFENSE (Debt-Specific)

11. A good cause of defense, in whole or in part, existed at the time judgment was rendered. Defendant's defenses include (check all that apply):

☐ Statute of limitations. The alleged debt is time-barred. Connecticut provides a six-year limitation for actions on a written or implied contract (Conn. Gen. Stat. § 52-576), and a four-year limitation for the sale of goods under the UCC (§ 42a-2-725). [Verify which applies and the accrual/charge-off date.] The last payment/charge-off occurred on or about [__/__/____].

☐ Wrong defendant / mistaken identity / identity theft. Defendant did not incur the alleged debt; the account is not Defendant's or is the product of identity theft.

☐ Incorrect amount. The judgment amount is incorrect, inflated, or includes unauthorized interest, fees, or charges Plaintiff cannot substantiate.

☐ Paid, settled, or discharged. The alleged debt has been paid, settled, released, or discharged (including by bankruptcy on [__/__/____]).

☐ Lack of standing / no proof of assignment. Plaintiff is a debt buyer that has not established a complete, unbroken chain of assignment from the original creditor and is not the proper party to enforce the debt.

☐ No § 1692g validation / FDCPA violations. Plaintiff and/or its predecessors failed to provide the validation required by 15 U.S.C. § 1692g and/or engaged in false, deceptive, or unfair collection practices under the FDCPA, 15 U.S.C. § 1692 et seq. [Connecticut's Creditors' Collection Practices Act and CUTPA, Conn. Gen. Stat. § 42-110a et seq., may also apply.]

☐ Other: [____________________________________]

12. A proposed Answer asserting these defenses is filed with this Motion.

V. REQUEST TO ENJOIN / STAY ENFORCEMENT (Execution and Wage Garnishment)

13. Pursuant to Conn. Gen. Stat. § 52-212(d), Defendant requests that the Court enjoin Plaintiff from enforcing the judgment — including any wage execution (§ 52-361a), bank/property execution, or other postjudgment remedy under § 52-350a et seq. — until the Court decides this Motion, and that any funds already withheld be held and not disbursed to Plaintiff.

☐ Defendant has separately filed a Claim of Exemption (wage/property execution) and/or a request to stay/recall the execution.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Open and set aside the default judgment entered [__/__/____] and reinstate this case to the docket;

B. Grant Defendant leave to file the proposed Answer and defend on the merits;

C. Enjoin Plaintiff from enforcing the judgment, and recall/stay any wage, bank, or property execution, pending decision on this Motion;

D. Order that any funds already withheld be held and not disbursed; and

E. Grant such other relief as the Court deems just.

Dated: [__/__/____]

___________________________________
[____________________________________]
☐ Defendant, self-represented ☐ Attorney for Defendant
Juris No. (if attorney): [____________]
[Address] | [Phone] | [Email]

VERIFICATION (Required by Conn. Gen. Stat. § 52-212(c))

STATE OF CONNECTICUT )
) ss: [____________]
COUNTY OF [__________] )

I, [____________________], being duly sworn, depose and say:

1. I am the Defendant in this action [or: I am the attorney for the Defendant]. I have personal knowledge of the facts stated in the foregoing Motion.

2. Reason for failure to appear. [Particularly set forth WHY you failed to appear/defend — e.g., you were never served and had no notice of the action until [date]; you were hospitalized; you reasonably believed the matter was resolved. § 52-212(c) requires this to be set forth particularly.]

3. Good defense. A good defense to this action existed at the time judgment was rendered, namely: [state the nature of the defense(s) checked in Section IV — e.g., the debt is time-barred; the account is not mine; the amount is wrong; the debt was paid/discharged].

4. The statements in the foregoing Motion are true and correct to the best of my knowledge and belief.

___________________________________
[____________________________________], Defendant

Subscribed and sworn to before me this [____] day of [____________], 20[____].

___________________________________
Notary Public / Commissioner of the Superior Court
My commission expires: [__/__/____]

ORDER

The foregoing Motion to Open and Set Aside Default Judgment having been heard, it is hereby ORDERED:

☐ GRANTED. The default judgment entered [__/__/____] is opened and set aside, the case is reinstated to the docket, Defendant's Answer is accepted for filing, and any execution issued on the judgment is recalled/stayed.

☐ DENIED.

BY THE COURT,

___________________________________
Judge / Clerk
Dated: ____________________

CERTIFICATION OF SERVICE

I hereby certify that a copy of the foregoing MOTION TO OPEN AND SET ASIDE DEFAULT JUDGMENT, the Verification, the proposed Answer, and the Order was [mailed / electronically delivered] on [__/__/____] to all counsel and self-represented parties of record (Conn. Practice Book §§ 10-12 through 10-17):

[____________________________________]
[____________________________________]

___________________________________
[____________________________________]
☐ Defendant, self-represented ☐ Attorney for Defendant
Juris No. (if attorney): [____________]

CONNECTICUT PRACTICE NOTES

• Controlling authority: Conn. Gen. Stat. § 52-212 and Practice Book § 17-43 govern opening a judgment "upon default or nonsuit." § 52-212a sets the absolute four-month limit (measured from the date notice of the judgment was sent).
• Two-pronged test: the moving party must show (1) a good defense in whole or in part that existed at the time of judgment, and (2) that it was prevented by mistake, accident, or other reasonable cause from making the defense. (Higgins v. Karp, 233 Conn. 581.)
• Verification is mandatory: § 52-212(c) requires the motion to be verified under oath and to particularly set forth the reason the party failed to appear. An unverified or conclusory motion is commonly denied.
• Enjoin enforcement: § 52-212(d) authorizes the court to enjoin enforcement while the motion is pending — request that relief; for a wage execution, file a Claim of Exemption under § 52-361b.
• Void judgments / fraud: a judgment that is void for lack of personal jurisdiction, or that was obtained by fraud, may be attacked beyond four months under the court's inherent/continuing jurisdiction. Argue this separately if service was defective.
• Filing fee: § 52-259c imposes a fee to open/set aside a judgment — confirm the current amount or seek a fee waiver (JD-FM-75 / fee-waiver application).
• Limitations on debt: six years on written/implied contracts (§ 52-576); four years on sale of goods (UCC § 42a-2-725). Verify accrual/charge-off date.

Sources and References

• Conn. Gen. Stat. § 52-212 (opening judgment upon default or nonsuit): https://www.cga.ct.gov/current/pub/chap_900.htm#sec_52-212
• Conn. Gen. Stat. § 52-212a (four-month limit): https://law.justia.com/codes/connecticut/title-52/chapter-900/section-52-212a/
• Conn. Practice Book § 17-43 (opening judgment upon default or nonsuit): https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf
• Connecticut Judicial Branch — Motion to Open a Judgment (self-help): https://www.jud.ct.gov/lawlib/srp/info_series/OpeningJudgment82022.pdf
• Higgins v. Karp (1995) 233 Conn. 581 (two-pronged § 52-212 standard).
• Conn. Gen. Stat. § 52-361a (wage execution) & § 52-361b (exemption claim): https://www.cga.ct.gov/current/pub/title_52.htm
• Conn. Gen. Stat. § 52-576 (six-year contract limitation): https://www.cga.ct.gov/current/pub/chap_926.htm
• Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.: https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text