throbber
8
`
`z
`:
`
`
`
`Sign
`
`Cler
`
`
`
`
`
`rising out of services rendered at ahospilalt
`
`s# i
`
`f
`d
`
`FINANCIAL INSTITUTIONEXECUTION
`PROCEEDINGS- JUDGMENT DEBTOR
`WHO {8S A NATURAL PERSON,
`orASEXESmen
`
`C.G.S. §§ §2-358b, 52-967b
`PA. 14-7, 14-9
`
`p06 26784766
`
`STATE OF CONNECTICUT
`SUPERIOR COURT
`.
`7
`www.jud.cl.gov
`(Seepage 2 forinstructions to financialinstitution
`
`EN Hy
`a FEA BA"
`om
`AAT | I Iii)
`
`EPAUSISIUIE
`
`and ADA Notice)
`an
`Instructions - Clerk
`Instructions - Judgment Creditor Or Attorney
`1. Check the file io ensure that the information provided
`1. Type orprint legibly
`:
`on the application is correct.
`2. Complete the application section;prepare original and2 copies.
`:
`2, Sign orginal execution.
`.
`3. Complete section 1 of the Exemption Claim Form, JO-CV-2da andattach to this form.
`3. Retum originalto.applicant. retain a copy forfile. H UH y
`4. Present ofiginalanc
`-eopy
`to clerkofcourt.Retdin a.copy...
`/
`
`
`| Addressafcourt” | ETE, 95 Washi Avni. ingen our Geographic|Docket number
`Hauttord SucicralSayreec ainy (Asme [ine] CV-27-6080948-8
`
`
`
`Name and mailing address‘of Judgment
`€ Teditoror Atiomney [To be completedby Judgment Creditor
`~
`|
`
`
`Sclomon'jand Solomon, P.C.
`1 Columbia Circle
`Albany, ‘NY
`12203
`
`; Name(s) and address(es) of Judgment Creditors)
`HARTFORD ACCLDENT AND INDEMNITY
`TUCSON |
`5447 BE STH ST
`5
`Namets) and address(es) ofdtidgment Debtors) rs
`S
`JARVIS GOMEZ -
`06106
`CT
`8 |
`71 HILLSIDE AVE APT 2 _ HARTFORD:
`
`
`
`
`& | Date ofjudgment (Inchicle, whereapplicable,|2. Ambunt of cosis. Amount ofjudgment ~~ 3. AmountofJudgment castsandTess (Add Tand2
`
`
`|
`= $7097.00
`——_prpldamentinterestand
`<
`{10/31/18
`$427.60 -
`_ $7524.60
`4,Totel amount paid (any "|S.Totalamount unpald’ (Subtract4 from 3)"|6. Application TeeTorTmancbt mantle ‘execition (ifnat walvedbythécoun”
`
`
`$0.00
`$7524.60
`;
`$205.00
`"
`7. Application: lees paidfor prior executions on thisjudgment
`
`
`5 BTotal of denis“T §. Other court orderedpostjudgment costs and fees 5, 6, 7 and é
`
`
`
`$0.00
`$7629.60
`
`
`
`
`
`(“I Xo
`["} Yes
` of
`
` ck ffapplicable 1;
`
`
`
`
`
`
`
`postjudgmentInteres! wasordered by the court
`
`
`
`
`\€ this is4judgment i
`arising out of services tendered at a hospital, has a stay ofa financialinstitution execution been
`entered ffursuan! tojan installment payment order?
`{
`
`ffafinancy,| institutionexecution twasbey mentergd, hasre nent Debtordy i|.=ingtallmgntPaymentorder?
`Ifa stay
`
`NEQUCWO+ 12{O44
`}
`0
`:
`WJ} ves (Specity: “(CY
`Tt
`____
`
`
`
`
`
`.
`erePeerfoeener
`‘Datesinned
`Télephon@number
`
`
`
`
`518 456-7206
`
`Financial
`Hitution Execution
`To any prep Laificer,
`i
`Whereas on said Date of Judgment the above-named Judgment Creditor(s) recdvered judgment against the above-named Judgment Debtor(s) before the above-
`named court for the amountofjudgment, costs and fees stated above, as appears of recard, whereof execution remains to be done.
`These are, therefore, by autharity’of the state of Connecticut to command you:
`Within seven days fram yourreceipt of this execution, make demand Upon the main office of any financialinstitution having its main office within your county, or Ifsuch
`main office is not within your county and suchfinancialinstitution has one or more branch offices within your county, upon an employse of such a branch office, such
`employee and such branchoffice Having been designated, by the financlalinstitution in accordance with ragulations adopted by the commissioner of banking,for
`payment to you pursuant to section'52-367b(b) ofthe General Statutes of any nonexerptdebt due said Judgment Debtor(s), which sum shall not exceed the tolat
`unpaid judgment, costs and fees ag Stated above,plus postjudgment interest 2s ordered by the court,if applicable, plus the application fee and other court ordered
`postiudgment costs and fees and your ownfee. After having made such demand you ave directed to sarve a true and attested copy ofthis execution, together with the
`attachedaffidavit and exemption claim form, with your doings endorsed thereon, with the financialinstitution officer upon whom Such demand was made, Said sum
`shall bo received by you and applicd on this execution in accordance with the Provisions of section 52-367b of the General Statutes. You shall not serve more than ona
`financialinstitution execution perjudgment debtor at a time, including copies thereof. After service of an execution on one
`ForCourt Use Only
`
`
`
`financial institution, you shall not serve the same execution ore copy thereof upon anotherfinancialinstitution until receiving
`
`
`confirmation from the preceding financialinstitution that the judgment debtor hadinsufficient funds at the Praceding financial
`
`institution available for collection to ‘satisfy the execution, provided any such additional service is madenotlater than forty-five
`
`days from the receipt by you of such execution. After service of an execution, you shall not serve the same execution ora
`
`copy thereof upon suchfinancialingtitution if an electronic direct deposit from a readily identifiable source described in
`section 52 -376b (c) of the GeneralStatutes was madeto the judgment debtor's accountwithin the look-back period
`
`
`
`described in section 52 -378b(c) ofthe GengratStajues (sixty days or, with regard to federal benefits, such greater period as
`
`
`
`
`required by federal law). {f no such Yepesit was
`mg Je, you may subsequently serve the same execution ora copy thereof
`
`upon such institution, provided the SXecution hax’not expired or otherwise become unenforceable.
`Hereoffail
`f
`;
`Signed
`(Asg€tant
`e
`
`
`
`
`AZ
`—
`
`85711
`
`
`
`:
`
`;
`
`i
`j
`i
`
`L
`:
`i
`aeetetnnsie
`
`fx
`
`
`
`
`
`a
` Page 1 of 2
`
`MM
`ANCIAL INSTITUTION EXECUTION PROCEEDINGS
`FRTPO6
`PRTFRM
`000002 26784765 02 20190530133109 POE aAS400 EFOD 002081342 0001N
`RMESKO
`175986PRTFRM
`
`

`

`'
`
`NOTE: The provisions of section 52-367b, as amendedfrom time to time, take precedence over theseinstructions.
`
`instructions To Financial Institution Upon Receipt Of A Financial Institution Execution
`When JudgmentDebtorIs A Natural Person
`
`1.
`
`oy
`
`.
`
`If any funds are removed from the judgment debtor's account pursuant to subsection (c) of section 52-367b of the General Statutes,
`complete section |! of th8 accompanying Exemption Claim Form (JD-CV-24a) and (1) send, forthwith, 2 copies of both this form and the
`Exemption Claim Form to the judgment debtor and to any secured party that is a party to a control agreement between you and such
`secured party underarticle 9 oftitte 42a of the General Statutes, postage pre-paid, at the last known addressofthe judgment debtor and
`of any such secured party with respect to the affected accounts on the records of your institution and (2) mail notice to the judgment
`debtor as required by 31GFR212.6 and 212.7.
`Remove from the judgment debtors account the amaunt of any debts due from you to the judgment debtor not exceeding the Total
`Amount Unpaid as appears on page 1 ofthis form plus interest and the Application Fee for Financial Institution Execution and other court
`ordered postjudgment casts or fees and the serving officers fee, before your midnight deadiine, as defined in section 42a-4-104 ot the
`General Statutes.
`{f an electronic direct deposit is readily identifiable as exempt federal veterans’ benefits, Social Security benefits,
`including, butnotlimited to, retirement, survivors’ and disability benefits, supplemental security income benefits, exempt benefits paid by
`the federal Railroad Retirement Board or the federal Office of Personnel Management, unemployment compensation benefits exempt
`under section 52-352b of the Connecticut General Statutes, or child support payments processed and received pursuantto Title IV-D of
`the Social Security Act were made to the judgment debtor's account during the look-back period ofeither the sixty-day period preceding
`the date that the executicn was served on you, or, with regard to federal benefits, such greater period as required by federal law then you
`shall leave the lesser of the account balance or one thousand dollars in the judgment debtor's account, provided nothing in this
`subsection shall be construed to limit your right or obligation to remove such funds from the judgment debtor's accountif required by any
`other provision of law oriby a court order, The judgment debtor shall have full and customary access to such fundsleft in the judgment
`debtor's account. You may notify ihe judgment creditor that funds have been Jeft in the judgment debtor's account pursuant to this
`provision. Nothing herein.shail alter the exemptstatus of funds which are exempt from execution under subsection (a) of section 52-367b
`of the General Statutes or under any other provision of state or federal law, or the right of a judgment debtor to claim such exemption.
`Nothing herein shall be ‘construed to affect any other rights or obligations of the financial institution with regard to the funds in the
`judgment debtor's account.
`You must hold the amount removed from the judgment debtor's account pursuant to this execution forfifteen days from the date you mail
`the copies of this form and the Exemption Claim Form to the judgment debtor and any securedparty. During suchfiftéen day period you
`must not pay the officer serving this execution.
`elf the judgment debtorretlims the Exemption Claim Form or other written notice that an exemption is being claimed, and if any secured
`party delivers to you written notice of such secured party's claim of a prior perfected security interest in such deposit account, you must,
`within two business daysof receipt of such notice, send a copy of such notice to the clerk of the court which issued the execution. You
`must continue to hold the amount removed from the judgment debtor's accountfor forty-five days or until a court order is received
`regarding disposition ofthe funds, whichever occursearlier. If no order is received within forty-five days of the date you send a copy of
`the Exemption Claim Form or notice of exemption or a secured party claim notice to the clerk of the court, you must return the funds to
`the judgment debtor's acdbunt.
`_ If you do not receive a claim of exemption or secured party claim notice within fifteen days of the mailing to the judgment debtor and any
`secured party of the execution and Exemption Claim Form you must, upon demand, forthwith pay the serving officer the amount
`removed from the judgment debtor's account.
`If no exemption claim or secured party claim notice is filed orif the court orders you to pay the serving officer an amount removed:from
`the judgment debtor's account not exceeding the amount due on the execution and you fail or refuse to do so, you shalt be liable in an
`action therefor to the judgement creditors) namedin the execution for the amount of nonexempt monies which youfail or refuse to pay
`over.
`If no exernption claim is filed or if the court orders you to pay the serving officer an amount removed from the judgment debtors
`account not exceeding the amount due on the execution and youfall or refuse to do so, you shall be liable in an action therefor to the
`Judgment creditor(s) name in the execution far the amount of nanexempt monies which youfai] or refuse io pay over, excluding funds of
`up to one thousand dollars which you in goodfaith allowed the judgment debtor to access pursttant ta subsection (c) of section 52-367b
`of the General Statutes.
`Jf you pay exempt monies:from the account of the judgment debtor contrary to these instructions, or the provisions of section 52-367b of
`the General Statutes, you%shal] be liable in an action therefor to the judgment debtor for any exempt monies so paid. If you pay exempt
`monies from the account'of the judgment debtor contrary to these instructions, or the provisions of section 52-367b of the General
`Statutes, you shall be liable in an action therefor to the judgment debtor for any exempt monies so paid and you shall refund or waive
`any charges of fees by you, including, but notlimited to, dishonored check fees, overdratt fees or minimum balance service charges and
`legal process fees, which Were assessed as a result of such payment of exempt monies.
`
` ADA NOTICE
`
`
`The Judicial Branchof the State of Connecticut complies with the Americans with
`Disabilities Act (ADA). If you nead a reasonable accommodation in accordance with the
`
`
`ADA,contact a court clerk or an ADA conlaetpassonlisted al www.jud.cf.gowADA,
`
`
`
`.
`
`.
`
`Page 2 of 2
`
`175986FRTFRM
`
`GOC002 26784766 01 20190530133109 POG AS400 FFOO 002681343 OOS2N
`
`JD-CV-24 (back/page 2) Rev.245
`he
`“
`PRTFRM # RMESKO .
`FRIPOG
`
`<8
`
`ne nlnpmit
`
`4
`
`

`

`EXEMPTION CLAIM FORM
`FINANCIALINSTITUTION EXECUTION
`JD-CV-24A Rev.i-17
`C.G.S. 31-58(), 52-321a, 52-350a, §2-352b, 52-3612,
`52-3670, 29 U.S.C. 206(a}¢1)
`
`SEE INSTRUCTIONS ON BACK/PAGE 2
`
`To:
`
`rT
`
`Name and address of Judgment Debtor or Attomey
`(To be completed byJudgment creditor or attomey)
`b
`JARVIS GOMEZ
`71 HILLSIDE AVE APT 2
`HARTFORD
`
`06106
`
`cr
`
`7
`
`P97 26784766
`
`STATESUPERGReolRe
`www.jud.ct.gov
`
`
`Cina
`
`
`
`
`MXMPEX
`
`J
`
`
`
`L
`Section 1 —(To be completed byjudgment creditor)
`
`
`
`
`-Geographica
`‘Nameand eeeCourt(Number, Street,5andip Gore),
`‘Sudicial
`Housing »
`
`Area
`Pt
`LE
`ot
`*
`:
`K_] District
`[J Session iC) Number
`Ash
`
`re
`
`“NameatJudgment Debio”
`“Name of case

`‘Rocket number
`
`
`
`
`JARVIS GOMEZ
`HARTFORD ACCIDENT AND INDEMNITY
`CV-17-6080948-S
`
`
`v.
`JARVIS GOMEZ
`f
`
`
`
`_Section 2 — (To be completed by financial institution - see instructions onback/page2)
`Name and address offinancialinstitution to which exemption claim (iany) is to be returned
`
`Date of mailing to Judgment Debtor
`
`‘Amount and type of readily identifiabla exemplfunds not removed
`
`
`
`
`Amount removed pursuant fo executian
`
`
`* Last 4 Digits afthe Account Number(s)
`7 | Additional sheet(s) attachedheretoand made a part hereof (/fnecessary).
`Section 3 — Notice To: Judgment Debtor
`As a result of a judgmend entered against you, the attached execution has been issued against funds deposited by you in the
`financial institution named ‘above. To comply with this execution, the financial institution has removed the amountof money indicated
`above from the accaunt(s) listed above.
`THE MONEYIN YOUR AGCOUNT(S) MAY BE EXEMPT FROM EXECUTION - The money in your account(s) may be protected from
`execution by state statutes or by other laws or regulations of Connecticut or of the United States. A checklist and a description of the mest
`common exemptions established by law are set forth below.
`HOW TO CLAIM AN EXEMPTION ESTABLISHED BY LAW,If you wish to claim that the money in your account(s) is exempt by faw
`from execution, you mustfill gut and sign before a properofficial the Affidavit of Claim of Exemption below and mail or deliverthis
`exemption claim form to the tinancial institution at the above address. This form must be received by thefinancialinstitution no jater than
`15 days from the DATE OF MAILING TO THE JUDGMENTDEBTORindicated above.
`Upon receipt of this form the financial institution will send it to the Superior Court and the court clerk will notify you and the judgment
`creditor of the date on which 4 hearing will be held by the court to determine the issues raised by your claim.
`
`SECTION 4 — AFFIDAVIT OF CLAIM OF EXEMPTION ESTABLISHED BY LAW
`|, the judgment debtor named above, claim and certify under the penalty of false statement that the money in the above account
`is exempt by law from execution as follows:
`(°X”ail that appfy to the funds containedin this account)
`5
`Oo Social Security benefits:(seclion 52-352b(q})
`OC Private pension,trust, retirement, or medical savings
`[_] Unemptoyment benefite (section 52-352b(g))
`account payments (sections 52-321a, 52-352b(m))
`[_] Worker's Compensation benefits (section 52-352b(g))
`[_] Health ordisability insurance payments (section 52-352b(e))
`[_] Veteran's benefits (section 52-352b(g))
`C] An amountin the bank not to exceed $1000 (section 52-352b(r))
`EC] Public Assistance payrients (section 52-352b(d))
`T Other claim of exempt funds (Explain basts for claim ofexemption):
`
`im Wages earned bya public assistance recipient under an
`incentive earnings or sifnilar program (section 52-352b(d))
`| Cour-ordered child support payments (section 52-352b(h))
`{_] Alimony and support other than child support* (section 52-352b(n))
`*See Note Regarding Exemption for Alimony and Support on back/page 2.
`
`Amount claimed to be exempt
`if less thanthe entire amount:
`
`Signed
`
`4
`
`Complete mailing address of Judgment Debtor
`
`
`
`
`Dale Signed
`
`Telephone number
`
`FRTPO7
`
`PRTFRM
`
`ERMESKO
`
`175S86PRTFRM
`
`OOG002 26784766 91 20290530133209 PO7 AS40909 PFCO 002081344 0093N
`
`Page 1 of 2
`
`

`

`a
`Instructions
`To FinancialInstitution
`4. Complete section 2 of this form and (1) send 2copies
`of this form and the financial institution execution form
`to the judgment debtor and to any securéd party thatis
`party to a control agreement between thefinancial
`institution and such secured party underarticle 9 of
`title 42a pursuant to section 52-367b of the General
`Statutes and (2) mail notice to judgment debtor as
`reguired by 31CFR212.6'and 212.7.
`2. If this claim of exemption:Is returned completed,fill out
`section 6 of this form and. mail, within two business
`days, to the issuing clerk’s office at the address of
`court indicated on the front side. See addigonal
`instructions on the financial institution execution form.
`
`To Clerk
`1. Attach this form to each financial institution execution issued in a civil or
`family matter against a judgment debtor that is a natural person.
`2. Deliver the execution along with this form to the judgment creditor
`requesting the execution.
`3. If judgment debtor completes and returns this form claiming an
`exemption, enter the appearance of thejudgment debtor with address
`set forth an page 1.
`.
`4. Set matter down for short calendar hearing.
`5. Complete section 7 below.
`6. Send fite-stamped copyof this form to judgment debtor and judgment
`creditor.
`7. After hearing, send copy of any order entered fo the financial institution.
`
`Note Regarding Exemption for Alimony and Support
`Alimony and Support, othér than child support, are exempt only ta the following extent:
`The amountof allmony and Support, otherthan child support, that may be subject to levy or other withholding for payment of ajudgment is
`the lesser of (1) twenty-five percent ofthe individual's disposable earnings for that week, or (2) the amount by which the individual's
`disposable earningsfor thatweek exceedforty mes the higher of (A) the federal minimum hourly wage under Section 6(a){1) ofthe Fair
`Labor Standards Act of 7938 U.S.C. Title 29, Section 206(a)(1), or (B), the state minimum hourly wage under subsection {i} of Section
`31-58, in effect at-the time the earnings are payabie.
`Section 52-350a(4) of the Connecticut General Statutes defines ‘disposable earnings"as thal part of the eamings of an individual remaining
`afier the deduction from those earnings of amounts required to be withheld for paymentoffederal income and employment taxes, normal
`retirement contributions, union dues andinitiation fees, grouplife insurance premiums, health insurance premiums and federal tax levies.
`
`1
`
`’ Date claim vocewed
`
`
`Section 5 — Proper Officer MustComplete This Section
`
`Name andlitle of properofficer
`Date of service on financial institution : Telephone number
`
`
`
`Section 6 — (To be compieted byfinancialinstitution upon returnofexemptionclaim|form) Talephone humber
` Datednailed'io court
`—
` Name offinancial instiulion
`
`
`&
`
`“Section 7 — Notice T¢ Judgment Debtor And JudgmentCreditor
`The assets in dispute are being held for (1) forty-five days from the date the exemption claim form was received bythe financial
`institution designated on the front of this form or (2) until disposition is ordered by the court at a hearing to be held at.short
`calendar on the date set foith below, whichever occursearlier,
`j Date of hearing
`Time of hearing
`.
` | am.
`
`{_| p.m.
`
`
`
`
`
`
`
`Signed (Assistant Clerk}
`
`Date signed
`
`Order
`The Court/Magistrate, havingheld a hearing to determine the issues raised bythis claim, hereby ordersthat:
`4
`
`By the Count (Narne of JudgerFanilly Support Megisirate/Magistrate)
`
`Signed (Judge/FamilySupportMagistrale/Magisirate/AssistantClerk}
`
`:
`
`
`
`[_] vudge
`| Datesigned
`.
`.
`
`[_] FSM
`
`[|] Magistrate
`
`.
`
`x
`
`~
`
`,
`ADA NOTICE
`The Judicia] Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable
`
`accommodation in accordance with the ADA, contact a court clerk or an ADA contact personlisted at ww.jud.ctgoviADA.
`
`SD-CV-248 (page 2) Rev. 1-47
`FRTIPO?
`PRTFRK RMESKO
`
`
`1759862RTFRM
`
`Page 2 of 2
`090002 26784766 O01 20190530133109 PO7 AS400 PFOO 002081345 O0C4N
`
`

`

`OFFICER’S RETURN
`
`STATE OF CONNECTICUT
`
`ss: NEW HAVEN
`
`COUNTY OF NEW HAVEN
`
`November 26, 2019
`
`by virtue hereof,
`there
`and
`Then
`Financial Execution Wholly Unsatisfied.
`
`I
`
`return this
`
`The within and foregoing is the original Financial
`Execution ‘with my doings hereon endorsed.
`
`ATTEST:
`
` ROBERT S. MILLER
`
`STATE MARSHAL
`
`NEW HAVEN COUNTY
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket