CT · rules
Conn. Practice Book § 17-25
Motion for Default and Judgment; Affidavit of Debt; Military Affidavit; Bill of Costs; Debt Instrument
(a) The plaintiff shall file a motion for default for
failure to appear and judgment, a bill of costs, a
proposed judgment and notice to all parties and,
if applicable, a request for an order of weekly
payments pursuant to Section 17-26.
(b) The motion shall have attached to it the
following affidavits:
(1) An affidavit of debt signed by the plaintiff or
by an authorized representative of the plaintiff who
is not the plaintiff’s attorney. The affidavit shall
state the amount due or the principal owed and
contain an itemization of interest, attorney’s fees
and other lawful charges claimed. The affidavit
shall contain a statement that any documents
attached to it are true copies of the originals. Any
plaintiff claiming interest shall separately state the
interest and shall specify the dates from which
and to which interest is computed, the rate of
interest, the manner in which it was calculated
and the authority upon which the claim for interest
is based.
(A) If the instrument on which the contract is
based is a negotiable instrument or assigned contract, the affidavit shall state that the instrument
or contract is now owned by the plaintiff, and a
copy of the executed instrument or contract shall
be attached to the affidavit. If the plaintiff is not
the original party with whom the instrument or
contract was made, the plaintiff shall either (i)
attach all bills of sale back to the original creditor
and swear to its purchase of the debt from the last
owner in its affidavit of debt or (ii) in the affidavit
of debt, recite the names of all prior owners of
the debt with the date of each prior sale and also
include the most recent bill of sale from the plaintiff’s seller and swear to its purchase of the debt
from its seller in the affidavit of debt.
(B) If the plaintiff claims any lawful fees or
charges other than interest, including a reason -
able attorney’s fee, the plaintiff shall attach to the
affidavit of debt a copy of the portion of the contract containing the terms of the contract providing
for such fees or charges and the amount claimed.
(C) If a claim for a reasonable attorney’s fee
is made, the plaintiff shall include in the affidavit
of debt the reasons for the specific amount
requested in order that the judicial authority may
determine the relationship between the fee
requested and the actual and reasonable costs
which are incurred by counsel.
(2) A military affidavit as required by Section
17-21.
(c) Nothing contained in this section shall prevent the judicial authority from requiring the sub -
mission of additional written documentation or
the presence of the plaintiff, the authorized representative of the plaintiff or other affiants, as well
as counsel, before the court prior to rendering
judgment if it appears to the judicial authority that
additional information or evidence is required in
order to enter judgment.
History
(P.B. 1978-1997, Sec. 358.) (Amended June 20, 2011, to take effect Jan. 1, 2012; amended June 14, 2013, to take effect Jan. 1, 2014.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
54d8c27d9b584455264e450351e0c444f1eea77071aa5dea4e18dfeb1f5c5fbd
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