Section 24-24.Judgments in Small Claims; When Presence of the Plaintiff or Representative Is Not Required for Entry of Judgment

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis rule lets a judge enter judgment for the plaintiff in a debt case without the plaintiff appearing in court, but only if the defendant never answered and the plaintiff filed the specific sworn affidavits of debt and military status the rule requires.

Full Text of Section 24-24

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(a) In any action based on an express or implied promise to pay a definite sum and claiming only liquidated damages, which may include interest and reasonable attorney’s fees, if the defendant has not filed an answer by the answer date and the judicial authority has not required that a hearing be held concerning any request by the defendant for more time to pay, the judicial authority may render judgment in favor of the plaintiff without requiring the presence of the plaintiff or representative before the court, provided the plaintiff has complied with the provisions of this section and Section 24-8. Nothing contained in this section shall prevent the judicial authority from requiring the presence of the plaintiff or representative before the court prior to rendering any such default and judgment if it appears to the judicial authority that additional information or evidence is required prior to the entry of judgment.

(b) In order for the judicial authority to render any judgment pursuant to this section at the time set for entering a judgment whether by default, stipulation or other method, the following affidavits must have been filed by the plaintiff:

(1) An affidavit of debt signed by the plaintiff or representative who is not the plaintiff’s attorney. A small claims writ and notice of suit signed and sworn to by the plaintiff or representative who is not the plaintiff’s attorney shall be considered an affidavit of debt for purposes of this section only if it sets forth either the amount due or the principal owed as of the date of the writ and contains an itemization of interest, attorney’s fees and other lawful charges. 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. In those matters involving the collection of credit card and other debt owed to a financial institution and subject to federal requirements for the charging off of accounts, the federally recognized charge-off balance may be treated as the ‘‘principal’’ for purposes of this section and itemization regarding such debt is required only from the date of the charge-off balance. Nothing in this section shall prohibit a magistrate from requiring further documentation.

(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 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 while also referencing the attached chain of title in the 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. If applicable, the allegations shall comply with General Statutes § 52-118.

(B) The affidavit shall simply state the basis upon which the plaintiff claims the statute of limitations has not expired.

(C) If the plaintiff has claimed any lawful fees or charges based on a provision of the contract, the plaintiff shall attach to the affidavit of debt a copy of a portion of the contract containing the terms of the contract providing for such fees or charges and the amount claimed.

(D) If a claim for a reasonable fee for an attorney at law is made, the plaintiff shall include in the affidavit the reasons for the specific amount requested. Any claim for reasonable fees for an attorney at law must be referred to the judicial authority for approval prior to its inclusion in any default judgment.

(2) A military affidavit as required by Section 17-21.

End

Amendment History

(P.B. 1978-1997, Sec. 577.) (Amended June 26, 2000, to take effect Jan. 1, 2001; amended June 21, 2010, to take effect Jan. 1, 2011; amended June 13, 2014, to take effect Jan. 1, 2015.)

Plain-English Summary

In cases built on a promise to pay a fixed amount — a debt collection claim — the plaintiff doesn't have to show up in court to get a default judgment. This applies when the defendant missed the answer date and the court hasn't ordered a hearing on any request by the defendant for more time to pay. Even then, the judge can still require the plaintiff's presence if more information or evidence seems necessary before entering judgment.

To get judgment without appearing, the plaintiff must file an affidavit of debt (a properly sworn small claims writ can serve this purpose) that spells out the amount owed, breaks down any interest, attorney's fees, and other charges, and explains the interest rate and how it was calculated. If the debt comes from a negotiable instrument or an assigned contract, the plaintiff must show ownership of it — including the chain of any prior sales if the debt changed hands. The affidavit must also explain why the statute of limitations hasn't run out, back up any contractual fees with a copy of the relevant contract language, and justify the amount of any attorney's fee claimed, which needs separate approval from the judicial authority. Finally, the plaintiff must file a military affidavit confirming the defendant's military status, as required elsewhere in these rules.

Frequently Asked Questions

Can a small claims plaintiff in Connecticut get a judgment without going to court?

Yes, in a debt case where the defendant did not answer by the answer date, the judge may enter judgment without the plaintiff appearing, provided the required affidavits were filed.

What is an affidavit of debt in Connecticut small claims?

It is a sworn statement itemizing the amount owed, including interest, attorney's fees, and other charges, with an explanation of how interest was calculated; a properly sworn small claims writ can serve as this affidavit if it contains the required details.

Do I need a military affidavit to get a default judgment in small claims?

Yes, the rule requires a military affidavit confirming the defendant's military status before a judgment can be entered without the plaintiff's presence.

Can I claim attorney's fees in a small claims default judgment?

Yes, but the affidavit must explain the reasons for the specific amount requested, and any claim for attorney's fees must be approved by the judicial authority before it is included in the judgment.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 24-24). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: small claims default judgment Connecticutaffidavit of debt small claims CTdefault judgment without appearing small claimsmilitary affidavit small claimsdebt collection small claims judgment