In any action in which property has been attached, any person may appear and defend in the name of the defendant, upon filing in the court an affidavit that he or she is a creditor of the defendant and has good reason to believe, and does believe, that the amount which the plaintiff claims was not justly due at the commencement of the suit and that he or she is in danger of being defrauded by a recovery by the plaintiff, and upon giving bond with surety to the plaintiff, in such amount as the judicial authority approves, for the payment of such costs as the plaintiff may thereafter recover. If the plaintiff recovers the whole claim, costs shall be taxed against the defendant to the time of the appearance of such creditor, and for the residue of the costs such creditor shall be liable upon his or her bond; if only a part of the plaintiff’s claim is recovered, the whole costs shall be taxed against the defendant, and the creditor shall not be liable for the same; if judgment is rendered in favor of the defendant, costs shall be taxed in his or her favor against the plaintiff, but the judicial authority may order that the judgment and execution therefor shall belong to such creditor. No creditor so appearing shall be permitted to file a motion to dismiss, or to plead or give in evidence the statute of limitations, or to plead that the contract was not in writing according to the requirements of the statute, or to plead any other statutory defense consistent with the justice of the plaintiff’s claim. (See General Statutes § 52-86 and annotations.)
Section 3-13.When Creditor May Appear and Defend
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA creditor of a defendant whose property has been attached may step in to defend the case in the defendant's name by filing an affidavit and posting bond, though the creditor can't raise certain defenses like the statute of limitations.
Full Text of Section 3-13
Amendment History
(P.B. 1978-1997, Sec. 79.)
Plain-English Summary
This rule lets a creditor intervene when a defendant's property has been attached. To do so, the creditor files an affidavit stating that they are a creditor of the defendant and have good reason to believe — and does believe — that the amount the plaintiff claims was not justly due when the suit began, and that they're at risk of being defrauded if the plaintiff recovers. The creditor also has to give bond with surety to the plaintiff, in an amount the judicial authority approves, to cover costs the plaintiff might later recover.
How costs get divided depends on the outcome. If the plaintiff recovers the whole claim, costs up to the time the creditor appeared are taxed against the defendant, and the creditor is liable on the bond for the rest. If the plaintiff recovers only part of the claim, all costs are taxed against the defendant and the creditor owes nothing. If the defendant wins, costs are taxed against the plaintiff in the defendant's favor, though the court may order that the judgment and execution belong to the creditor instead.
The rule also limits what defenses the intervening creditor can raise: no motion to dismiss, no pleading or evidence of the statute of limitations, no claim that the contract wasn't in writing as required by statute, and no other statutory defense inconsistent with the justice of the plaintiff's claim.
Frequently Asked Questions
What does a creditor need to file to defend in the defendant’s name?
An affidavit stating the creditor believes the amount claimed by the plaintiff was not justly due and that the creditor risks being defrauded by a recovery, plus bond with surety in an amount the court approves.
Who pays the costs if the creditor intervenes?
It depends on the outcome: if the plaintiff recovers the full claim, the defendant pays costs up to the creditor’s appearance and the creditor is liable for the rest on the bond; if the plaintiff recovers only part, the defendant pays all costs; if the defendant wins, the plaintiff pays costs, though the court may award the judgment and execution to the creditor.
Can the intervening creditor raise a statute of limitations defense?
No. The rule bars the creditor from moving to dismiss or pleading the statute of limitations, the lack of a required writing, or any other statutory defense inconsistent with the justice of the plaintiff’s claim.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 3-13). 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: creditor defending attached property CTcreditor intervening in lawsuitdefending in defendant’s nameattachment creditor appearance rules