Sec. 52-400a. Protective order by court. Execution against specified property.

(a) On motion of a judgment debtor or third person from whom discovery is sought, and for good cause shown, or on its own motion, the court may make any order which justice requires to protect such debtor or third person from annoyance, embarrassment, oppression or undue burden or expense.

(b) On motion of a judgment debtor alleging that the judgment creditor is engaged in any illegal levy or in any other practices for the purpose of collecting his judgment which violate state or federal law, or on its own motion, the court may render such protective order as justice requires.

(c) On motion of the judgment debtor or an interested third person, the court may direct the order of execution against specified property of the judgment debtor.

(P.A. 83-581, S. 20, 40; P.A. 84-527, S. 11.)

History: P.A. 84-527 amended Subsec. (b) by adding “any illegal levy or in any other” and deleting language restricting a protective order to one “restraining the judgment creditor”.

Notation

Cited. 240 C. 623.

Subsec. (b) is clear and unambiguous, and requires the court to grant a protective order to bar enforcement of a stipulated judgment that is determined to be usurious as a matter of law and therefore an illegal levy. 133 CA 773. Prospective action by divorcing spouse to recover monies does not constitute illegal levy under Subsec. (b) entitling spouse who may be target of action to a protective order. 156 CA 766.