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Notice of Ex Parte Pre-Judgment Remedy Claim

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NOTICE OF EX PARTE PRE-JUDGMENT REMEDY/CLAIM FOR HEARING TO DISSOLVE OR MODIFY

JD-CV-55 Rev. 3-03
C.G.S. §§ 52-278e, 52-278f

STATE OF CONNECTICUT
SUPERIOR COURT

COURT USE ONLY

CLPJRX

Ex Parte Application

CLPJRXP

Contest Ex Parte

PJR Application

INSTRUCTIONS TO PLAINTIFF/APPLICANT

1. This form MUST be used in connection with ex parte prejudgment remedies issued pursuant to Gen. Stat. § 52-278e, and MAY be used in connection with prejudgment remedies issued in an action upon a commercial transaction pursuant to Gen. Stat. § 52-278f.

2. Complete Section I below and submit to the Clerk along with, and immediately followed by your application and the other required documents for ex parte prejudgment remedy.

3. If prejudgment remedy issued, include this form in the process served on the defendant.

SECTION I - CASE INFORMATION (To be completed by Plaintiff/Applicant)

Has a temporary restraining order been requested?

COURT USE ONLY

CLPJRX

Ex Parte Application

CLPJRXP

Contest Ex Parte

PJR Application

AMOUNT, LEGAL INTEREST, OR PROPERTY IN DEMAND, EXCLUSIVE OF INTEREST AND COSTS IS ("X" one of the following)

("X" if applicable)

COURT USE ONLY

CLPJRX

SEE ATTACHED

FORM JD-CV-67 FOR

CONTINUATION PARTIES

FOR THE PLAINTIFF(S)

ENTER THE

APPEARANCE OF:

SECTION II - NOTICE TO DEFENDANT

You have rights specified in the Connecticut General Statutes, including Chapter 903a, that you may wish to exercise concerning this prejudgment remedy. These rights include the right to a hearing:

  1. to object to the prejudgment remedy because you have a defense to or set-off against the action or a counterclaim against the plaintiff or because the amount of the prejudgment remedy allowed by the court is unreasonably high or because payment of any judgment that may be rendered against you is adequately secured by any insurance that you may have;
  2. to request that the plaintiff post a bond in accordance with section 52-278d of the General Statutes to secure you against any damages that may result from the prejudgment remedy;
  3. to request that the prejudgment remedy be dissolved or modified or that you be allowed to substitute a bond for the prejudgment remedy; and
  4. to show that the property subject to the prejudgment remedy is exempt from such prejudgment remedy.

You may request a hearing to move to dissolve or modify the prejudgment remedy. The hearing may be requested by any proper motion or by completing section III below and returning this form to the superior court at the Court Address listed above.

SECTION III - DEFENDANT'S CLAIM AND REQUEST FOR HEARING (To be completed by Defendant)

I, the defendant, request a hearing to dissolve or modify the prejudgment remedy, and claim:

COURT USE ONLY

CLPJRXP

I certify that a copy of the above claim was mailed/delivered to the Plaintiff or the Plaintiff's attorney on the Date Mailed or Delivered shown below.

DOCKET NO.

PJR CV

*If necessary, attach additional sheet with names of each party served and the address at which service was made.

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What the Notice of Ex Parte Pre-Judgment Remedy Claim Is

The Notice of Ex Parte Pre-Judgment Remedy Claim is a court-directed notice filed to obtain temporary seizure or restraint of a defendant's assets before a final judgment. It typically accompanies a motion or affidavit establishing a clear prima facie claim and urgent risk of asset dissipation. The procedure is called ex parte because it may proceed without the defendant present; courts balance the plaintiff's need for immediate relief against due process by requiring a showing of urgency, likelihood of success on the merits, and security or bond. Local rules govern form and service.

Why this Notice Matters for Asset Preservation

A properly prepared Notice of Ex Parte Pre-Judgment Remedy Claim enables a claimant to secure assets pending litigation, reduce the risk of dissipation, and preserve the effectiveness of any eventual judgment while complying with procedural safeguards and local court rules.

Why this Notice Matters for Asset Preservation

Who Typically Prepares and Serves This Notice

The notice is primarily used by parties seeking to protect recoverable assets before final judgment.

  • Plaintiffs or creditors with an urgent need to secure funds or property.
  • Plaintiff's counsel who prepare affidavits, proposed orders, and bond documentation.
  • Judicial officers or clerks who accept filings under local ex parte procedures.

Proper preparation requires attention to jurisdictional rules, evidence of imminent loss, and service requirements that vary by court and state.

Who May Sign on Behalf of the Claimant

Attorney

An attorney of record for the claimant generally signs filings and certifies factual statements under penalty of perjury; counsel must follow local rules for ex parte applications and attestations.

Authorized Agent

An authorized corporate officer or agent may sign when expressly empowered by corporate resolution or power of attorney; the document should show signatory authority to avoid later challenges.

Core Compliance and Security Considerations

Data Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption
Audit Trail: Timestamped signing records
HIPAA Support: BAA available when required
ESIGN/UETA: Complies with ESIGN and UETA
Access Control: Role-based permissions

Penalties and Risk Factors for Errors

Denial of Relief: Court may deny ex parte relief
Sanctions: Possible fee sanctions for bad faith
Perjury Exposure: False statements risk criminal penalties
Bond Forfeiture: Security or bond may be forfeited
Service Defects: Improper service can void order
Appeal Risk: Defendant may seek emergency relief

Common Preparation Pitfalls to Avoid

  • Insufficient factual showing: submitting an affidavit that lacks specific facts about imminent dissipation often results in denial or delay of ex parte relief.
  • Improper service: failing to follow the required method or timing for service can render the notice ineffective and expose the filer to procedural objections.
  • Missing bond or security: many courts require a bond or undertaking; omitting or understating security can prevent issuance of the remedy.
  • Local form errors: courts frequently have prescribed forms or captioning rules; using the wrong format can cause rejection at filing or added briefing.

Step-by-Step: Preparing the Notice

Follow these core steps to assemble the Notice of Ex Parte Pre-Judgment Remedy Claim and supporting materials before filing.

  • 01
    Identify relief: Specify assets, amounts, and legal basis clearly
  • 02
    Draft affidavit: Include facts, dates, and supporting exhibits
  • 03
    Propose order: Attach a tailored proposed order for the judge
  • 04
    Arrange service: Plan immediate service per local rules

How to Configure a Digital Workflow for this Notice

Set up a controlled workflow that places evidence, signature, and delivery steps in order to satisfy court and service requirements.

Field Configuration
Document Upload Require PDF/A format for attachments
Signature Order Plaintiff then counsel then notary
Authentication Email plus SMS code for signers
Retention Enable audit trail and export

Digital Filing and Delivery Requirements

Courts and opposing parties may permit electronic submission, but requirements vary by jurisdiction and clerk's office.

  • Document Formats: PDF, PDF/A and DOCX supported
  • Integrations: Salesforce, NetSuite, Microsoft 365
  • Authentication: Email, SMS, or advanced methods

Confirm local e-filing standards, required metadata, and service rules before e-submitting; retain a complete audit trail for the filing and service events.

Logical Flow of Filing and Service

This sequence shows the typical practical flow from drafting to obtaining ex parte relief in jurisdictions that allow electronic processes.

  • Draft & Attach: Prepare notice, affidavit, exhibits, and proposed order
  • File With Clerk: Submit per local e-filing or in-person rules
  • Request Ex Parte: Judge reviews application and supporting evidence
  • Service & Execution: Serve defendant and enforce order after issuance

Timing and Deadlines to Track

Deadlines for filing, obtaining a hearing, and serving notice differ by court; confirm local rules early in the process.

Immediate Filing:

File as soon as factual basis is documented

Hearing Scheduling:

Court may set expedited hearing dates per local rule

Service Window:

Service often required immediately after order is signed

Bond Deadline:

Some courts require bond posted within a short period

Objection Period:

Defendant may seek emergency relief promptly after service

Selected eSignature Vendor Comparison for Filing and Service

Compare baseline pricing and feature availability for common eSignature providers used to prepare and submit court filings or serve electronic notices.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Representative Use Cases

These summaries show how the notice functions in different factual scenarios and the documentation that supported relief.

Case Study 1

A creditor alleged imminent transfer of funds from a corporate account and attached bank statements and invoices.

  • Court granted a temporary freeze after reviewing invoice chronology.
  • The order required a modest bond and testified to the need for immediate preservation pending an expedited hearing on the merits.

Case Study 2

A subcontractor submitted payroll records and payment emails showing nonpayment while the general contractor sought to move assets overseas.

  • Judge issued a targeted restraint on specific disbursement accounts.
  • The procedural record emphasized service and clarity in naming affected accounts to simplify enforcement.

Key Components to Include in a Professional Notice

Prepare a complete packet so the court can assess urgency, likelihood of success, and the sufficiency of any required security or bond.

Court Caption

Complete caption with court, county, docket number, and party names to ensure the clerk correctly files and indexes the notice.

Statement of Facts

A clear, chronological affidavit describing the events, transactions, and specific facts supporting imminent dissipation of assets.

Legal Basis

Citation to statutes, rules, or case law supporting pre-judgment relief and a concise legal argument connecting facts to the remedy.

Proposed Order

A succinct, narrowly tailored proposed order identifying the assets to be restrained and any administrative procedures for compliance.

Bond or Security

Amount and terms of any undertaking required by the court to indemnify the defendant for wrongful restraint.

Service Plan

Document how service will be effected immediately after issuance and how notice will reach affected custodians or account holders.

Practical Tips for Accurate and Efficient Completion

Adopt a checklist and evidence protocol to reduce objections and speed judicial review.

Use Precise Identifiers
Include account numbers, registration numbers, or property legal descriptions where possible; imprecise descriptions often lead to overbroad or denied orders and complicate enforcement.
Assemble Supporting Exhibits
Attach bank records, contract excerpts, email chains, and lien searches in chronological order, and highlight the specific transactions that demonstrate imminent dissipation.
Confirm Local Requirements
Check local rules for ex parte filings, required certificates of service, and bond minimums; compliance with clerical formatting often avoids processing delays.
Document Chain of Custody
Maintain a clear audit trail for electronic filings and service events including timestamps, signer authentication, and proof of delivery to support enforcement and opposition responses.

Frequently Asked Questions About the Notice

Answers to common procedural and practical questions about preparing, filing, and enforcing an ex parte pre-judgment remedy notice.


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