Section 17-53.Summary Process Executions
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 17-53
Amendment History
(P.B. 1978-1997, Sec. 387A.) (Amended June 26, 2000, to take effect Jan. 1, 2001; amended June 25, 2001, to take effect Jan. 1, 2002; amended June 12, 2015, to take effect Jan. 1, 2016.)
Plain-English Summary
When someone requests a summary process execution because of a violation of a term in a judgment by stipulation, or a judgment carrying a stay of execution beyond the statutory stay, a hearing is required. If the alleged violation is nonpayment of a sum certain, an affidavit — with service certified under Sections 10-12 through 10-17 — can substitute for a hearing, unless the defendant files an objection to the execution before it issues.
Where no objection is filed, the execution issues on the third business day after the affidavit is filed. An affidavit sent electronically or hand-delivered to the court is deemed filed on the third business day after delivery, unless the filing party certifies that the affidavit was also sent electronically or hand-delivered to all opposing parties or counsel that same day.
Frequently Asked Questions
When is a hearing required before a summary process execution issues?
A hearing is required whenever the execution is requested because of a violation of a term in a stipulated judgment, or a judgment with a stay of execution beyond the statutory stay.
Can a landlord skip the hearing for nonpayment?
If the violation is nonpayment of a sum certain, a properly served affidavit can be accepted in lieu of a hearing, but only if the defendant doesn’t file an objection to the execution before it issues.
How soon does the execution issue after the affidavit is filed?
Absent an objection, the execution issues on the third business day after the affidavit is filed.
When is an electronically sent affidavit considered filed?
It’s deemed filed on the third business day after delivery, unless the filer certifies it was also sent or hand-delivered to all opposing parties or their counsel that same day.