Connecticut Small Claims Court Payment Plan: How to Request Installments

When a Payment Plan Makes Sense

You owe the money. Maybe a contractor finished the work, or a former landlord proved the damages, and the amount on the Small Claims Writ (Form JD-CV-40) is accurate. Fighting the claim would waste everyone's time. But paying the full amount in one lump sum would wreck your budget.

Connecticut's answer form — Form JD-CV-40A — has a built-in option for exactly this situation. Under Practice Book § 24-16, a defendant who admits the claim can propose a structured payment plan as part of their written answer. You fill in the installment amount, the payment frequency, and submit it before your Answer Date. No separate motion needed.

How to Propose Installments on Form JD-CV-40A

The answer form includes a section where you check that you admit the claim and request time to pay. Here is what to include:

• Total amount admitted — match this to the plaintiff's claim or explain any minor adjustments (like a partial payment already made).
• Proposed payment amount — a realistic amount you can sustain. Courts reject plans that look like stalling.
• Payment frequency — propose an amount and schedule you can afford; the court decides whether to order it or stay execution.
• Start date — give yourself enough lead time after the Answer Date so the first payment is not immediately due.

Submit the form to the Centralized Small Claims Office in Hartford by your Answer Date. Mail it, fax it, hand-deliver it, or file electronically through E-Services. The postmark does not count — the clerk must receive the form on or before the deadline.

What the Magistrate Considers

Filing a payment plan request does not automatically approve it. Under Practice Book § 24-16, give reasons for the request and suggest a method of payment you can afford. The judicial authority decides whether to stay execution for deferred payment or enter an order of payment, and may require a hearing.

What Happens If the Plan Is Approved

An installment request does not itself stop enforcement. The judicial authority decides whether to stay execution or enter an order of payment. If the court enters an installment order and you default, the plaintiff may apply for a wage execution under CGS § 52-361a.

If the court awards post-judgment interest, it continues to accrue on the unpaid balance at the rate stated in the judgment, up to 10% annually under CGS § 37-3a.

What Happens If You Just Admit Without a Plan

If you check "admit" on Form JD-CV-40A without suggesting a payment schedule, the court enters a judgment for the full amount. For an individual defendant, the form says the court will order payments of $35 per week until the judgment is paid. If you ask to pay less than $35 per week and the plaintiff does not agree, a hearing will be scheduled. A judgment against a business or a landlord ordered to return a security deposit is payable in a lump sum.

That is why proposing a realistic payment schedule at the same time as admitting is worth the extra five minutes on the form. The court decides whether to approve the request and what payment order to enter.

The Alternative: Settle Directly With the Plaintiff

Before filing the answer form, consider contacting the plaintiff to negotiate a payment arrangement directly. If you reach a deal, the plaintiff files a Withdrawal of Action or you both sign a Stipulated Judgment with the agreed terms.

The advantage of a private settlement is that you control the terms without magistrate involvement. The risk is that informal negotiations do not stop the clock — your Answer Date still applies, and failing to file Form JD-CV-40A while talking to the plaintiff results in a default judgment.

Getting Organized Before You File

Our Connecticut Small Claims Response Guide walks through every option on Form JD-CV-40A — disputing, admitting, requesting installments, and counterclaiming — with worksheets to prepare your answer before the deadline hits.

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