Connecticut General Statutes 49-55c – Dissolution of lien. Action by person claiming lien
(a) The application to dissolve a vessel lien may be in the following form:
To …., a judge of the Superior Court for the judicial district of ….
Terms Used In Connecticut General Statutes 49-55c
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute: A law passed by a legislature.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The undersigned, …. of the town (or city) of …. in the county of …. and judicial district of …., is the owner (or has the following legal or equitable interest: ….) of the following vessel, …. (description of vessel).
Such vessel is now held by …. of the town (or city) of …., in the county of …. under a claim of lien for …. and that he is desirous that such lien be dissolved upon the substitution of a bond, with sufficient surety, according to the statute.
Dated at …. this …. day of …., 20…
(The claimant) ….
(b) If the lien is dissolved, the person who claimed the lien shall bring a complaint in the court with jurisdiction setting forth the amount and basis of the claim. The person who caused the lien to be dissolved shall have thirty days after the writ is returnable to the court where the action is brought to file an affidavit with such court controverting the material allegations contained in the complaint and affidavit that he has a valid defense. The issues so raised shall be tried as all other issues in such court. If the person who has caused the lien to be dissolved does not file such affidavit, the bond shall be forfeited to the lienor.