Sec. 52-565a. Liability of drawer for dishonored check. Service charge on
drawer for dishonored check. (a) A drawer negotiating a check who knows or should
know that payment of such check will be refused by the drawee bank either because the
drawer has no account with such bank or because the drawer has insufficient funds on
deposit with such bank shall be liable to the payee for damages, in addition to the face
amount of the check, provided the payee has presented such check for payment, the
check is dishonored and the drawer fails to pay the face amount of such check within
thirty days following the date of mailing by the payee of the written demand for payment
as provided in subsection (f) of this section.
(b) In the case of a drawer negotiating a check who knows or should know that
payment of such check will be refused by the drawee bank because the drawer has no
account with such bank, such damages shall be in an amount to be determined by the
court in light of the circumstances, but in no event shall such amount be greater than
the face amount of the check or seven hundred fifty dollars, whichever is less.
(c) In the case of a drawer negotiating a check who knows or should know that
payment of such check will be refused by the drawee bank because the drawer has
insufficient funds on deposit with such bank, such damages shall be in an amount to be
determined by the court in light of the circumstances, but in no event shall such amount
be greater than the face amount of the check or four hundred dollars, whichever is less.
(d) The drawer shall not be liable to the payee for the damages provided for by this
section if: (1) The drawer gave such check as payment for residential service supplied
by a gas, electric, steam, telephone or water utility; (2) the drawer gave such check as
payment for the rental of residential premises; or (3) the drawer gave such check as
repayment of all, or a portion of, a debt secured by collateral which the payee has repossessed.
(e) The damages provided for in this section shall be available only to those persons
or entities which post or otherwise give conspicuous notice to the public of the damages
which may be imposed pursuant to this section. Such notice shall set forth: (1) The
damages that may be imposed if a check is dishonored; (2) the section of the general
statutes authorizing imposition of such damages; and (3) that criminal penalties also
may apply.
(f) The written demand for payment on the dishonored check shall be in the form
prescribed by subsection (g) of this section and shall be sent to the drawer's last-known
residence address or last-known place of business (1) by first class mail and certified
mail return receipt requested with delivery restricted to the drawer, or (2) by first class
mail or regular mail supported by an affidavit of service by mail. Such written demand
for payment shall be sent on or after the date the payee received notice that such check
had been dishonored. Such affidavit of service by mail shall provide substantially as
follows:
STATE OF
COUNTY OF |
)
)
)
|
AFFIDAVIT OF SERVICE
BY MAIL
|
...., being first duly sworn on oath, deposes and states that he/she is of legal age and that
on (date) ...., 20.., he/she served the attached Written Demand for Payment, by placing
a true and correct copy thereof securely enclosed in an envelope addressed as follows:
....
....
....
....
and deposited the same, with postage prepaid, in the United States mails at ....,.... .
....
(Signature)
Subscribed and sworn to before me this .... day of ...., 20.. .
....
Notary Public
.... County, ....
(SEAL)
(g) The written demand for payment required by subsection (f) of this section shall
be printed in at least ten-point type in both English and Spanish and shall include the
following: (1) The name and last-known address of the drawer; (2) the amount and date
of the dishonored check; (3) the bank upon which the check was drawn; (4) the name
of the payee; (5) the reason the check was dishonored; (6) the address to which payment
should be delivered; and (7) an explanation of the damages which may be imposed
pursuant to this section in the event the drawer fails to pay the face amount of the
dishonored check.
(h) The penalties provided for in this section shall not apply to any check for which
payment has been stopped by the drawer or to any check where the drawer has raised
a reasonable defense with respect to the validity of the underlying debt.
(i) Notwithstanding the provisions of this section, in the case of a drawer who negotiates a check which is dishonored, the payee or its assignee may impose on the drawer
a service charge of up to twenty dollars, provided, no such service charge may be imposed if (1) the drawer has stopped payment on the check, (2) the check was stolen, or
(3) the drawer has raised a reasonable defense with respect to the validity of the underlying debt. The drawer shall not be liable under this subsection for more than one such
service charge for each dishonored check.
(P.A. 86-248; P.A. 97-207, S. 2; P.A. 98-77; P.A. 03-196, S. 19.)
History: P.A. 97-207 added new Subsec. (i) re service charge for dishonored check; P.A. 98-77 deleted provisions
requiring the payee to send a second written demand for payment to the drawer and specifying the form, content and
manner of delivery of such second demand; P.A. 03-196 amended Subsec. (f) by inserting subdivision designators, making
a technical change in Subdiv. (1) and adding provisions and form in Subdiv. (2) to allow written demand for payment on
dishonored check to be sent by first class mail or regular mail supported by an affidavit of service by mail.
Sec. 52-566. Treble damages for wilful removal or destruction of bridge. Any
person who wilfully removes or destroys any part of any bridge, or of its approaches,
shall pay treble damages to the owner thereof or to the party bound to maintain it.
(1949 Rev., S. 8307; P.A. 82-160, S. 233.)
History: P.A. 82-160 made minor change in wording.
See Secs. 53a-115 to 53a-117a, inclusive, re criminal mischief.
Is constitutional. 82 C. 5. Not a penal statute. 87 C. 468. Owned construed to include truck loaned to state by federal
government. 163 C. 576. Requirement and definition of "wilfulness" discussed. 189 C. 671, 672, 674, 675, 678-680, 683.
Cited. 43 CA 1.
Sec. 52-567. Treble damages for injury to milestone, guidepost or railing. Any
person who pulls down or injures any milestone, guidepost or other monument for the
direction of travelers, or any railing lawfully erected on any causeway or public road
for safety of travelers, shall pay to the owner thereof treble damages.
(1949 Rev., S. 8308.)
See Secs. 53a-115 to 53a-117a, inclusive, re criminal mischief.
Is constitutional. 82 C. 5. Not a penal statute. 87 C. 468.
Cited. 43 CA 1.
Sec. 52-568. Damages for groundless or vexatious suit or defense. Any person
who commences and prosecutes any civil action or complaint against another, in his
own name or the name of others, or asserts a defense to any civil action or complaint
commenced and prosecuted by another (1) without probable cause, shall pay such other
person double damages, or (2) without probable cause, and with a malicious intent
unjustly to vex and trouble such other person, shall pay him treble damages.
(1949 Rev., S. 8309; P.A. 82-160, S. 234; P.A. 86-338, S. 9; P.A. 87-526, S. 1, 5; P.A. 93-191, S. 3, 4.)
History: P.A. 82-160 substituted "civil action" for "suit"; P.A. 86-338 made section applicable to any person who
asserts a defense to an action or complaint and added provision requiring payment of double damages if an action is
commenced or defense is asserted without probable cause; P.A. 87-526 added Subsec. (b), authorizing public agency to
bring court action against person prosecuting freedom of information commission appeals found by commission to be
frivolous, unreasonable and harassing; P.A. 93-191 deleted provisions authorizing court action against persons who brought
frivolous, unreasonable or harassing appeals to the freedom of information commission, effective July 1, 1993.
See Sec. 1-241 re court action against persons who bring frivolous, unreasonable or harassing appeals to the Freedom
of Information Commission.
See Sec. 52-226a re request for special finding.
Action lies at common law; 11 C. 586; but cannot be joined with count on this statute. Id., 587. Joinder of plaintiffs.
K. 146. Both malice and want of probable cause must be proved. 21 C. 515; 102 C. 444; 107 C. 294; 108 C. 40. "Malice"
defined; may be inferred. 9 C. 313. Evidence of want of probable cause. 3 D. 432. Special damages. 2 D. 211. Excessive
damages. 9 C. 313. Action for vexatious suit will lie against a private corporation. 22 C. 535. Is constitutional. 82 C. 5. Is
not a penal statute. 87 C. 468. Judgment in original action against plaintiff conclusive that it was not vexatious. 75 C. 637.
Malice as a necessary element; evidence to prove; 69 C. 512; 86 C. 6; id., 250; 91 C. 448; 102 C. 439; 105 C. 177; 107 C.
294; advice of counsel as rebutting. 70 C. 235; 107 C. 295. See note to section 52-570. Damages. 69 C. 512; 84 C. 111;
86 C. 249; 91 C. 448; 102 C. 439. Various matters of evidence considered. 90 C. 545; 105 C. 177. Probable cause a defense;
what constitutes. 93 C. 475; 105 C. 177; 107 C. 295. Whether particular facts constitute probable cause is always a question
of law; conclusion of trier is reviewable on appeal. 132 C. 571. May not base action on this statute for malicious prosecution
of suit in New York. 110 C. 534. Cited. 176 C. 353, 355. Cited. 205 C. 255, 257. P.A. 86-338 cited. 214 C. 1, 6, 7. Cited.
220 C. 225, 238. Cited. 224 C. 29, 38.
Cited. 43 CA 1. Discussed re District Court ruling on evidence of reasonableness in pursuing a claim and "advice of
counsel" defense. 49 CA 582.
Elements of a vexatious suit. 14 CS 293. In an action for vexatious suit, plaintiff must show that the suit complained
of terminated in his favor and that there was want of probable cause. Where defendants showed they had knowledge of
facts sufficient to justify reasonable men in the belief that there were reasonable grounds for commencing and prosecuting
the original action, there was no want of probable cause. 22 CS 272. Section relates only to vexatious suit and has no
application to malicious prosecution. 24 CS 256. Complaint in action for vexations suit must contain allegation prior suit
terminated in plaintiff's favor. 31 CS 305.
Vexatious suit may be brought as cause of action created by this statute in which treble damages may be awarded or
may be instituted under common law in which case damages must be compensatory only. 4 Conn. Cir. Ct. 666.
Subsec. (a):
Cited. 220 C. 225, 269.
Sec. 52-568a. Damages for groundless or vexatious suit against the owner or
operator of a "pick or cut your own agricultural operation". Any person or any
attorney who represents such person, who commences any civil action or complaint, in
his own name or the name of others, against the owner or operator of a "pick or cut your
own agricultural operation" (1) without probable cause, shall pay such owner or operator
double damages, including, in the discretion of the court, costs and attorney's fees, or
(2) without probable cause, and with a malicious intent unjustly to vex and trouble such
owner or operator, shall pay such owner or operator treble damages including, in the
discretion of the court, costs and attorney's fees. As used in this section, "pick or cut
your own agricultural operation" means a farm to whom the Department of Revenue
Services has issued a farmer tax exemption permit under subdivision (63) of section 12-412 that allows any person to enter such farm for the purpose of agricultural harvesting,
including the cutting of Christmas trees. Nothing in this section shall be construed to
affect or abrogate the provisions of section 52-568.
(P.A. 97-179, S. 11.)
Sec. 52-569. Damages for leaving open bars, gate or fence. Any person who
wilfully and unlawfully throws down or leaves open any bars, gate or fence, belonging
to any particular enclosure or common field, shall pay to the party injured double damages, and a sum not exceeding five dollars, according to the nature and aggravation of
the trespass.
(1949 Rev., S. 8310; P.A. 82-160, S. 235.)
History: P.A. 82-160 substituted "wilfully" for "wittingly".
See Sec. 53a-109 re criminal trespass in the third degree.
See Sec. 53a-115 to 53a-117a, inclusive, re criminal mischief.
Penalty is recoverable though act be done under claim of right. 44 C. 359.
Cited. 43 CA 1.
Sec. 52-570. Action for malicious erection of structure. An action may be maintained by the proprietor of any land against the owner or lessee of land adjacent, who
maliciously erects any structure thereon, with intent to annoy or injure the plaintiff in
his use or disposition of his land.
(1949 Rev., S. 8311.)
See Sec. 52-480 re injunction against malicious erection of structure.
What constitutes "malice" and evidence of it; 75 C. 424; a question of fact ordinarily not reviewable. 82 C. 290. See
notes to sections 52-480, 52-568. Court rejected defendant's argument that the effect of this section and section 52-480 is
to create for plaintiff an unlawful visual easement across defendant's land. 174 C. 29, 34.
Cited. 43 CA 1. Cited. 46 CA 164.
Elements necessary to state a cause of action under this section enumerated. 21 CS 110.
Provides legal remedy for structures erected with intention to annoy and injure the plaintiff's use of premises. 6 Conn.
Cir. Ct. 427, 428.
Sec. 52-570a. (Formerly Sec. 52-202). Action against fiduciary. (a) If any person
has a legal claim against any executor, administrator, guardian or trustee, on account
of moneys paid or services rendered for the estate administered by the executor, administrator, guardian or trustee, and which should justly be paid out of the estate, the claimant
may bring a civil action against the executor, administrator, guardian or trustee, while
in office, or against the successor of any of them, if such fiduciary has ceased to hold
office.
(b) If the claim is found to be a just one and one which ought to be equitably paid
out of the estate, judgment may be rendered in favor of the claimant, to be paid wholly
out of the estate held by the executor, administrator, guardian or trustee.
(c) If there is not sufficient estate to satisfy the claim or claims in the possession of
the executor, administrator, guardian or trustee, this section shall not be construed to
prevent any claimant from pursuing his legal remedy against the executor, administrator,
guardian or trustee, at his election, for the balance that may be due him, nor from electing
to hold any such official liable to his personal responsibility for any debt contracted in
the execution of the trust.
(1949 Rev., S. 7954; P.A. 82-160, S. 221.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; Sec. 52-202 transferred to Sec. 52-570a
in 1983.
See Sec. 45a-402 re suits against solvent estates by creditors whose claims have been disallowed.
Annotations to former section 52-202:
Statute does not apply to expenses incurred by the claimant in an unsuccessful will contest. 53 C. 116. If statute applies
to conservators, it certainly cannot be invoked in a proceeding to which he is in no way a party. 72 C. 172; 93 C. 37. Does
not include action for fraud of administrator in selling land of estate. 77 C. 63. Expenses incurred by executors carrying
on business. 106 C. 616; 114 C. 692. Cited. 129 C. 582; 130 C. 601. Proceeds from wrongful death action do not become
general assets of the estate subject to claim against administrator. 147 C. 233. Word "guardian" does not include conservator.
155 C. 121. Permits trustee to be sued but does not apply to equitable actions and applies only to those who have incurred
expenses and are executors, administrators, guardians or trustees. 160 C. 415.
Trustees held personally liable for taxes assessed on real estate held in trust. 3 CS 66. Expenses incurred by an executor
are his personal obligations so far as the person who furnishes them is concerned. 13 CS 400. Where plaintiff performed
legal services for estate at request of executrix, since deceased, he has recourse to her estate without seeking judgment
against her executor or administrator; history of statute reviewed. 17 CS 5. A suit upon a contract with an administrator
does not lie against him in his representative capacity, except claims growing out of moneys paid or services rendered the
estate. 20 CS 179. Estate administrator may be sued individually and as administrator for negligence in administering
estate properties. 31 CS 407. Plaintiff seeking recovery for services rendered executor or administrator has no standing to
appeal probate court decree disallowing his claim but must instead bring a civil action against the executor or administrator
for such relief. 36 CS 34, 36.
Sec. 52-570b. Action for computer-related offenses. (a) Any aggrieved person
who has reason to believe that any other person has been engaged, is engaged or is about
to engage in an alleged violation of any provision of section 53a-251 may bring an action
against such person and may apply to the Superior Court for: (1) An order temporarily
or permanently restraining and enjoining the commencement or continuance of such
act or acts; (2) an order directing restitution; or (3) an order directing the appointment
of a receiver. Subject to making due provisions for the rights of innocent persons, a
receiver shall have the power to sue for, collect, receive and take into his possession
any property which belongs to the person who is alleged to have violated any provision
of section 53a-251 and which may have been derived by, been used in or aided in any
manner such alleged violation. Such property shall include goods and chattels, rights
and credits, moneys and effects, books, records, documents, papers, choses in action,
bills, notes and property of every description including all computer system equipment
and data, and including property with which such property has been commingled if it
cannot be identified in kind because of such commingling. The receiver shall also have
the power to sell, convey and assign all of the foregoing and hold and dispose of the
proceeds thereof under the direction of the court. Any person who has suffered damages
as a result of an alleged violation of any provision of section 53a-251, and submits proof
to the satisfaction of the court that he has in fact been damaged, may participate with
general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
(b) The court may award the relief applied for or such other relief as it may deem
appropriate in equity.
(c) Independent of or in conjunction with an action under subsection (a) of this
section, any person who suffers any injury to person, business or property may bring
an action for damages against a person who is alleged to have violated any provision
of section 53a-251. The aggrieved person shall recover actual damages and damages
for unjust enrichment not taken into account in computing damages for actual loss, and
treble damages where there has been a showing of wilful and malicious conduct.
(d) Proof of pecuniary loss is not required to establish actual damages in connection
with an alleged violation of subsection (e) of section 53a-251 arising from misuse of
private personal data.
(e) In any civil action brought under this section, the court shall award to any aggrieved person who prevails, reasonable costs and reasonable attorney's fees.
(f) The filing of a criminal action against a person is not a prerequisite to the bringing
of a civil action under this section against such person.
(g) A civil action may be brought under this section against the state or any political
subdivision thereof and the defense of governmental immunity shall not be available
in any such action. The rights and liability of the state or any political subdivision thereof
in each such action shall be coextensive with and shall equal the rights and liability of
private persons in like circumstances.
(h) No civil action under this section may be brought but within three years from
the date the alleged violation of section 53a-251 is discovered or should have been
discovered by the exercise of reasonable diligence.
(P.A. 84-206, S. 13.)
See Sec. 53-452 re civil action for computer crimes.
Cited. 49 CA 582.
Sec. 52-570c. Action for transmission of unsolicited facsimile or telephone
messages. Unsolicited electronic mail advertising material. (a) No person shall use
a machine that electronically transmits facsimiles through connection with a telephone
network or a device that automatically transmits a recorded telephone message to transmit unsolicited advertising material or an unsolicited telephone message which offers
to sell goods or services.
(b) (1) No person shall send unsolicited advertising material by electronic mail, or
cause such material to be sent by electronic mail, to an electronic mail address held by
a resident of this state unless: (A) Such person identifies in the electronic mail a toll-free telephone number or a valid return electronic mail address that the recipient may
use to unsubscribe or otherwise notify the sender to not send any further unsolicited
electronic mail, and (B) the subject line begins with the letters "ADV".
(2) Notwithstanding the provisions of subdivision (1) of this subsection, no person
or entity shall send by electronic mail, or cause to be sent by electronic mail, unsolicited
advertising material upon notification by a recipient of such recipient's request to not
receive any further such material.
(3) For purposes of this subsection, (A) "person" does not include an electronic
mail service provider, as defined in section 53-451, or an Internet access provider, (B)
"Internet access provider" means a person who provides underlying network facilities
utilized in the transmission of Internet services, and (C) electronic mail has "unsolicited
advertising material" if it includes an advertisement for products or services and is sent
without the consent of the recipient by a person with whom the recipient does not have
an established business relationship, and electronic mail does not have "unsolicited
advertising material" if the sender has the consent of the recipient to send such mail to
the receiver, or if the sender has a prior or existing business relationship formed by
voluntary communication between the sender and the recipient with or without an exchange of consideration, in response to the recipient's inquiry about, application for,
purchase of or use of products or services offered by the sender.
(c) The provisions of this section shall not apply to tax-exempt nonprofit organizations or to political or candidate committees or candidates or solicitors, as defined in
chapter 150.
(d) Any person aggrieved by a violation of the provisions of this section may bring
a civil action in the Superior Court to enjoin further violations and for five hundred
dollars for each violation, together with costs and a reasonable attorney's fee. No such
action shall be brought but within two years from the date of the act complained of. For
purposes of this subsection, each electronic mail sent in violation of subsection (b) of
this section constitutes a separate and distinct violation.
(P.A. 89-103, S. 1; P.A. 90-282, S. 3, 4; P.A. 03-128, S. 2.)
History: P.A. 90-282 amended Subsec. (a) by prohibiting use of device that automatically transmits unsolicited telephone
message and amended Subsec. (b) by imposing two-year deadline from date of act complained of for bringing action; P.A.
03-128 added new Subsecs. (b) and (c) re the sending of unsolicited electronic mail advertising material and re application
of section, redesignated existing Subsec. (b) as new Subsec. (d) and amended same to authorize a five-hundred-dollar civil
damages award, costs and reasonable attorney's fee, specify that each electronic mail sent in violation of section constitutes
a separate and distinct violation and making conforming changes.
Sec. 52-570d. Action for illegal recording of private telephonic communications. (a) No person shall use any instrument, device or equipment to record an oral
private telephonic communication unless the use of such instrument, device or equipment (1) is preceded by consent of all parties to the communication and such prior
consent either is obtained in writing or is part of, and obtained at the start of, the recording, or (2) is preceded by verbal notification which is recorded at the beginning and
is part of the communication by the recording party, or (3) is accompanied by an automatic tone warning device which automatically produces a distinct signal that is repeated
at intervals of approximately fifteen seconds during the communication while such
instrument, device or equipment is in use.
(b) The provisions of subsection (a) of this section shall not apply to:
(1) Any federal, state or local criminal law enforcement official who in the lawful
performance of his duties records telephonic communications;
(2) Any officer, employee or agent of a public or private safety agency, as defined
in section 28-25, who in the lawful performance of his duties records telephonic communications of an emergency nature;
(3) Any person who, as the recipient of a telephonic communication which conveys
threats of extortion, bodily harm or other unlawful requests or demands, records such
telephonic communication;
(4) Any person who, as the recipient of a telephonic communication which occurs
repeatedly or at an extremely inconvenient hour, records such telephonic communication;
(5) Any officer, employee or agent of any communication common carrier who in
the lawful performance of his duties records telephonic communications or provides
facilities to an investigative officer or criminal law enforcement official authorized pursuant to chapter 959a to intercept a wire communication;
(6) Any officer, employee or agent of a Federal Communications Commission licensed broadcast station who records a telephonic communication solely for broadcast
over the air;
(7) Any officer, employee or agent of the United States Secret Service who records
telephonic communications which concern the safety and security of the President of the
United States, members of his immediate family or the White House and its grounds; and
(8) Any officer, employee or agent of a Federal Communications Commission
broadcast licensee who records a telephonic communication as part of a broadcast network or cooperative programming effort solely for broadcast over the air by a licensed
broadcast station.
(c) Any person aggrieved by a violation of subsection (a) of this section may bring
a civil action in the Superior Court to recover damages, together with costs and a reasonable attorney's fee.
(P.A. 90-305.)
Cited. 238 C. 692.
Does not apply to rerecording of illegally taped telephone conversation. 47 CA 764.
Subsec. (a):
Cited. 238 C. 692.