Connecticut Personal Property Execution: Using Form JD-CV-5 to Levy Assets

When Wages and Bank Accounts Aren't Enough

If a debtor has no steady paycheck to garnish and no meaningful bank balance to freeze, Connecticut law offers another tool: execution against personal property. Under CGS § 52-356a, you can direct a State Marshal to seize the debtor's tangible assets — equipment, inventory, vehicles — and sell them at public auction to satisfy your judgment.

This is the enforcement tool of last resort for most small claims creditors. It's more involved than wage or bank execution, and Connecticut's exemptions protect a significant amount of personal property. But when the debtor owns non-exempt assets, it works.

The Process Using Form JD-CV-5

Step 1 — File with the clerk. Complete Form JD-CV-5 (Property Execution Proceedings — Application, Order, Execution), pay the $105 statutory application fee, and submit it to the court clerk. The fee may be recoverable as a taxable cost. The clerk verifies the judgment and issues the execution.

Step 2 — Instruct the marshal. Deliver the issued execution to a State Marshal with specific instructions about what property to levy on. You need to identify the property and its location — the marshal won't go searching.

Step 3 — The marshal seizes or takes custody. The marshal either physically takes the property or takes constructive custody (for large items). They serve the debtor with notice and Form JD-CV-5b (the Exemption Claim Form).

Step 4 — 20-day exemption window. The debtor's Form JD-CV-5b claim must reach the court within 20 days after levy. If filed, the court schedules a hearing to determine whether the property is exempt.

Step 5 — Public auction. If no exemption is sustained, the marshal advertises and conducts a public sale. Proceeds go first to the marshal's fees and storage costs, then to your judgment, with any surplus returned to the debtor.

Vehicle Levies

Cars are the most common personal property target. But Connecticut protects up to $7,000 in combined equity across as many as two motor vehicles under CGS § 52-352b(10).

Before directing a marshal to seize a vehicle, do the math:

• Check the vehicle's fair market value
• Subtract any outstanding loans or security interests (check with the DMV)
• Subtract the $7,000 statutory exemption
• Subtract estimated towing and storage costs

If the result is negative or barely positive, the seizure will cost more than it recovers. A debtor driving a 10-year-old car with a $3,000 loan balance is effectively judgment-proof on that asset.

The marshal will only proceed if the numbers justify it. They won't seize property when there's clearly no non-exempt equity to recover.

What's Exempt

Connecticut's exemption list under CGS § 52-352b is substantial:

• Household goods: Necessary food, clothing, and household furniture
• Tools of trade: Equipment, arms, and uniforms needed for the debtor's profession
• Health aids: Medical devices and related necessities — 100% exempt
• Motor vehicles: Up to $7,000 in combined equity across as many as two vehicles
• Primary residence: Up to $250,000 in equity (this applies to real property, not personal property execution, but it's worth noting)

For personal claimants suing over a $3,000 unpaid loan, most individual debtors' personal property will fall within these exemptions. Property execution tends to be more effective against business debtors who own commercial equipment, inventory, or non-exempt business assets.

When Property Execution Makes Sense

Target property execution when:

• The debtor owns commercial equipment, business inventory, or non-residential assets
• The debtor has a vehicle with significant equity above the $7,000 exemption and any liens
• Wage and bank executions have come back empty or insufficient
• You've identified specific property through post-judgment discovery

The Collecting a Small Claims Judgment in Connecticut guide walks through the full decision tree for choosing between enforcement tools — including when property execution is worth the effort and when other approaches are more practical.

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