Connecticut Wage Execution and Exemption Claim Package

CONNECTICUT WAGE EXECUTION AND EXEMPTION CLAIM PACKAGE

PART 1 — PRE-WAGE-EXECUTION CHECKLIST (CREDITOR'S COUNSEL)

☐ Final money judgment entered in Connecticut Superior Court (or Small Claims session)
☐ Installment payment order ENTERED and judgment debtor has FAILED to comply (C.G.S. § 52-361a(a))
☐ Application for Wage Execution (Form JD-CV-3) prepared
☐ $105.00 application fee ready (C.G.S. § 52-361a(a))
☐ Exemption and Modification Claim Form (JD-CV-3a) attached
☐ Judgment debtor's employer name and address verified
☐ Amount due calculated (principal + post-judgment interest at 10% under C.G.S. § 37-3a + costs)
☐ Confirm CURRENT Connecticut minimum wage (per C.G.S. § 31-58i; indexed annually 1/1)
☐ Apply GREATER of (a) 75% disposable OR (b) 40 × greater of CT/federal min wage
☐ State Marshal / proper officer identified for service
☐ State marshal fee per C.G.S. § 52-261

PART 2 — APPLICATION FOR WAGE EXECUTION (JD-CV-3; C.G.S. § 52-361a)

STATE OF CONNECTICUT, SUPERIOR COURT
JUDICIAL DISTRICT OF [____________________]
[☐ Housing Session ☐ Small Claims Session: ________]

Docket No. [____________________]

The undersigned Judgment Creditor [☐ or attorney for Judgment Creditor], hereby applies for a Wage Execution against the Judgment Debtor, and states:

1. Judgment. Money judgment entered in the above-styled action on [__/__/____] in favor of Judgment Creditor and against Judgment Debtor in the amount of $[__________].

2. Installment Payment Order. An installment payment order under C.G.S. § 52-356d was entered on [__/__/____] requiring payments of $[__________] per [☐ week ☐ month].

3. Failure to Comply. Judgment Debtor has failed to comply with the installment payment order. The particulars of the noncompliance are:

[____________________________________________________________]
[____________________________________________________________]

4. Amount Due:

5. Employer Information:

6. The $105.00 application fee is enclosed.

___________________________________
[JUDGMENT CREDITOR / ATTORNEY]
Juris No.: [____________]
[FIRM / ADDRESS / TELEPHONE / EMAIL]
Date: [__/__/____]

PART 3 — WAGE EXECUTION (C.G.S. § 52-361a(b)-(c))

STATE OF CONNECTICUT, SUPERIOR COURT
JUDICIAL DISTRICT OF [____________________]
Docket No. [____________________]

TO ANY PROPER STATE MARSHAL OR PROPER OFFICER OF THE JUDICIAL DISTRICT:

You are hereby commanded to make demand of the following Employer for payment of the non-exempt wages of the Judgment Debtor named above:

Employer: [_______________________________________________]
Address: [_______________________________________________]

Required Contents (C.G.S. § 52-361a(c)):

EXEMPTION FORMULA (C.G.S. § 52-361a(f)):

Employer shall withhold from each pay period the LESSER of:

(a) 25% of the Debtor's disposable earnings for the week; OR
(b) The amount by which the Debtor's disposable earnings exceed 40 × the greater of the federal minimum hourly wage (29 U.S.C. § 206(a)(1)) or the Connecticut minimum fair wage (C.G.S. § 31-58(i)).

IMPORTANT — STATE MIN WAGE CONTROLS: Because the Connecticut minimum wage ($[______]/hour as of [__/__/____]) exceeds the federal minimum wage ($7.25), the STATE minimum wage figure is used in the calculation. The weekly floor is 40 × CT min wage = $[______]/week.

Withholding Begins:

Twenty (20) days from the Date of Service on Employer, the Employer shall begin withholding the non-exempt portion and shall continue withholding until the total amount due is paid in full.

THIS WAGE EXECUTION IS ACCOMPANIED BY:
☐ Notice of Judgment Debtor Rights
☐ Exemption and Modification Claim Form (JD-CV-3a)

Date of Issuance: [__/__/____]

___________________________________
Clerk of the Superior Court
By: _______________________ Asst. Clerk

PART 4 — NOTICE OF JUDGMENT DEBTOR RIGHTS (C.G.S. § 52-361b)

TO: JUDGMENT DEBTOR [_______________________________________________]

A wage execution has been issued against your wages from [EMPLOYER NAME] in favor of [JUDGMENT CREDITOR]. Beginning twenty (20) days from the Date of Service of the Wage Execution on your Employer, your Employer will withhold from your weekly pay the amount calculated under Connecticut General Statutes § 52-361a.

YOUR EXEMPT EARNINGS — CONNECTICUT'S DEBTOR-PROTECTIVE FORMULA:

The amount of your earnings subject to execution per week is the LESSER of:

(a) 25% of your disposable earnings for that week; OR
(b) The amount by which your disposable earnings exceed 40 × the GREATER of the federal minimum hourly wage OR the Connecticut minimum fair wage.

Disposable earnings means earnings remaining after deduction of any amounts required by law to be withheld (federal/state income tax, FICA, Medicare).

FULLY EXEMPT EARNINGS — DO NOT HAVE TO BE WITHHELD:

☐ Wages of a recipient of public assistance under an incentive earnings or similar program (C.G.S. § 52-352b(d))
☐ Social Security retirement, SSDI, SSI (42 U.S.C. § 407)
☐ Veterans' benefits (38 U.S.C. § 5301)
☐ Unemployment compensation (C.G.S. § 31-272)
☐ Workers' compensation (C.G.S. § 31-320)
☐ Child support / spousal support received by Debtor
☐ Personal property under C.G.S. § 52-352b ($1,000 wildcard; $3,500 motor vehicle; tools of trade; necessary apparel; etc.)

YOUR RIGHTS:

1. CLAIM AN EXEMPTION — Complete the Exemption and Modification Claim Form (JD-CV-3a) and return it to the Court. If you file within 20 days of the Date of Service on Employer, withholding will NOT begin until the Court rules on your claim.

2. REQUEST MODIFICATION under C.G.S. § 52-361a(j) — If you have reasonable cause to believe you are entitled to a modification (reducing the amount withheld), use Section II of Form JD-CV-3a.

3. SETTING ASIDE JUDGMENT — If the judgment was entered by default (you did not appear), within four (4) months of the judgment you may move to set it aside per C.G.S. § 52-212 / Practice Book § 17-43.

4. HEARING — Once the Court receives your claim, it will schedule a hearing and notify you and the Judgment Creditor.

5. LEGAL ASSISTANCE — Statewide Legal Services of Connecticut (211/slsct.org); Connecticut Legal Services (ctlegal.org); Greater Hartford Legal Aid; New Haven Legal Assistance.

PART 5 — EXEMPTION AND MODIFICATION CLAIM FORM (JD-CV-3a)

STATE OF CONNECTICUT, SUPERIOR COURT
JUDICIAL DISTRICT OF [____________________]
Docket No. [____________________]

Date of Service of Wage Execution on Employer: [__/__/____]

Section I — CLAIM OF EXEMPTION:

I, [_______________________________________________], the Judgment Debtor, claim that all or a portion of the earnings or property subject to this Wage Execution is EXEMPT from execution under Connecticut law and/or federal law. The grounds for my claim are (check all that apply):

☐ (a) My earnings are exempt because I receive public assistance under an incentive earnings or similar program (C.G.S. § 52-352b(d)).

☐ (b) The amount being withheld exceeds the maximum permitted under C.G.S. § 52-361a(f): specifically, it leaves me with less than 40 × the greater of federal or Connecticut minimum wage per week.

☐ (c) The funds being garnished are Social Security / SSI / VA / unemployment / workers' compensation / public assistance / child support / pension — all of which are exempt from execution under federal or state law.

☐ (d) The funds are below the threshold for any garnishment.

☐ (e) Other personal property exemption under C.G.S. § 52-352b.

☐ (f) Other: [____________________________________________________________]

Detailed Statement:

[____________________________________________________________]
[____________________________________________________________]

Section II — CLAIM FOR MODIFICATION (C.G.S. § 52-361a(j)):

I have reasonable cause to believe I am entitled to a modification of the Wage Execution to have less money withheld from my wages. The grounds are (check all that apply):

☐ Change in financial circumstances making the original withholding unreasonable
☐ Dependent / family support obligations
☐ Medical or other necessary expenses
☐ Loss of secondary income source
☐ Other: [____________________________________________________________]

Household Financial Summary:

I declare under penalty of false statement that the foregoing is true and correct.

___________________________________
[JUDGMENT DEBTOR]
Date: [__/__/____]
Address: [_______________________________________________]
Telephone: [____________]

INSTRUCTIONS: Return this form to the Clerk of the Superior Court at the address shown on the Wage Execution. If this form is received by the Court no later than 20 days after the Date of Service on Employer, the Employer will NOT begin withholding until your claim is determined.

PART 6 — EMPLOYER (GARNISHEE) RESPONSE (C.G.S. § 52-361a(d))

The Employer must complete and deliver one copy of this form and the Wage Execution to the Judgment Debtor immediately upon service.

Section I — Employer Information:

Section II — Pay Period & Amount:

Section III — Wage Calculation:

___________________________________
[EMPLOYER REPRESENTATIVE / PAYROLL OFFICER]
Title: [______________________]
Date: [__/__/____]

PART 7 — WAGE EXEMPTION CALCULATION WORKSHEET (C.G.S. § 52-361a(f))

Step 1 — Determine Controlling Minimum Wage:

Step 2 — Compute 40x Threshold:

Step 3 — Apply Formula to Pay Period:

KEY POINT: Connecticut uses the GREATER of federal or Connecticut minimum wage (currently the Connecticut rate, which exceeds $7.25) and multiplies by 40 (not 30 as under CCPA). This makes the weekly exempt floor in Connecticut significantly higher than the federal floor — often by 2x or more — and is a key debtor protection.

PART 8 — MOTION FOR MODIFICATION OF WAGE EXECUTION (C.G.S. § 52-361a(j))

STATE OF CONNECTICUT, SUPERIOR COURT
JUDICIAL DISTRICT OF [____________________]
Docket No. [____________________]

MOTION FOR MODIFICATION (OR DISSOLUTION) OF WAGE EXECUTION

Defendant respectfully moves this Court, pursuant to C.G.S. § 52-361a(j), § 52-361b, § 52-352b, the Connecticut Practice Book, and the Due Process Clauses of the U.S. and Connecticut Constitutions, to MODIFY or DISSOLVE the Wage Execution issued on [__/__/____], on the following grounds:

1. Insufficient Disposable Earnings. Defendant's disposable earnings, after application of the 40 × controlling minimum wage exemption, are insufficient to support Defendant and Defendant's dependents.

2. Exempt Source. The wages being executed upon include or are derived from exempt sources under C.G.S. § 52-352b.

3. Changed Circumstances. Since issuance of the Wage Execution, Defendant has experienced [job loss / medical emergency / new dependent / loss of household income / increased necessary expenses].

4. Improper Calculation. Employer has not correctly applied the 40 × Connecticut minimum wage formula and has withheld in excess of statutory limits.

5. Satisfied Judgment. The judgment has been satisfied in whole or in part.

6. Other: [____________________________________________________________]

Statement of Facts and Financial Information:

[____________________________________________________________]
[____________________________________________________________]

[Attach financial affidavit, pay stubs, and supporting documentation.]

WHEREFORE, Defendant respectfully requests this Court enter an order:

(a) MODIFYING the Wage Execution to reduce the rate of withholding to $[__________] per pay period;
(b) Alternatively, DISSOLVING the Wage Execution;
(c) ORDERING return of $[__________] of improperly withheld funds;
(d) Granting such other relief as is just.

___________________________________
[ATTORNEY FOR DEFENDANT / Pro Se]
Juris No.: [____________]
[ADDRESS / TELEPHONE / EMAIL]

PART 9 — NOTICE OF HEARING

TO: All counsel and parties of record:

PLEASE TAKE NOTICE that the foregoing Motion / Claim will be heard at:

Date: [__/__/____] Time: [______] ☐ a.m. ☐ p.m.
Courtroom: [____]
Court Address: [_______________________________________________]
Before: The Honorable [_______________________]

___________________________________
[ATTORNEY / MOVANT]
Date: [__/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a copy of the foregoing on:

☐ [JUDGMENT CREDITOR'S COUNSEL] at [____________] via ☐ U.S. Mail ☐ Hand ☐ E-Filing
☐ [EMPLOYER] at [____________] via ☐ U.S. Mail ☐ Hand
☐ Clerk of Superior Court at [____________] via ☐ U.S. Mail ☐ Hand ☐ E-Filing

___________________________________
[SIGNATURE]

PART 10 — [PROPOSED] ORDER

This matter having come before the Court on Defendant's Motion / Claim for Exemption or Modification, and the Court being fully advised:

IT IS HEREBY ORDERED that:

☐ The Wage Execution dated [__/__/____] is DISSOLVED.
☐ The Wage Execution is MODIFIED as follows: maximum weekly withholding $[__________].
☐ Employer shall RETURN $[__________] in improperly withheld funds to Defendant.
☐ Claim of exemption is SUSTAINED / OVERRULED as to [____________].
☐ Other: [____________________________________________________________]

DATED at [____________________], Connecticut, this [____] day of [______________], [______].

___________________________________
JUDGE, SUPERIOR COURT

SOURCES AND REFERENCES

• C.G.S. § 52-361a – Execution on wages after judgment
• C.G.S. § 52-361b – Notice of judgment debtor rights
• C.G.S. § 52-352b – Exempt property
• C.G.S. § 52-356d – Installment payment orders
• C.G.S. § 31-58(i) – Connecticut minimum fair wage (annually indexed)
• Connecticut Judicial Branch Forms: JD-CV-3 (Application), JD-CV-3a (Exemption/Modification Claim), JD-CV-3b (Modification)
• 15 U.S.C. § 1673 – Federal CCPA (preempted to extent CT law more protective)
• 29 U.S.C. § 206(a)(1) – Federal minimum wage