# Conn. Gen. Stat. § 49-35a: Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry fee

> Connecticut · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35a

## Section

- **Citation:** Conn. Gen. Stat. § 49-35a
- **Heading:** Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry fee
- **Jurisdiction:** Connecticut
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Code / Title 49 / Chapter 847 / Section 49-35a

## Text

(b) The application, order and summons shall be substantially in the following form:

APPLICATION FOR DISCHARGE OR REDUCTION OF MECHANIC'S LIEN

To the .... Court of ....

The undersigned represents:

1. That .... is the owner of the real estate described in Schedule A attached hereto.

2. That the names and addresses of all other owners of record of such real estate are as follows:

3. That on or about ...., (date) ...., (name of lienor) of .... (address of lienor) placed a mechanic's lien on such real estate and gave notice thereof.

4. That there is not probable cause to sustain the validity of such lien (or: That such lien is excessive).

5. That the applicant seeks an order for discharge (or reduction) of such lien.

Name of Applicant

By ....

Applicant's Attorney

ORDER

The above application having been presented to the court, it is hereby ordered, that a hearing be held thereon at .... a.m. and that the applicant give notice to the following persons: (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application, and of this order to be served upon such persons by some proper officer or indifferent person on or before .... and that due return of such notice be made to this court.

Dated at .... this .... day of .... 20...

SUMMONS

To a state marshal of the county of ...., or either constable of the town of ...., in said county,

Greeting:

By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon ...., of .... by leaving the same in such person's hands or at such person's usual place of abode (or such other notice as ordered by the court) on or before ....

Hereof fail not but due service and return make.

Dated at .... this .... day of .... 20...

....

Commissioner of the Superior Court

(1) If the clerk, upon receipt of all the documents in duplicate, finds them to be in proper form, the clerk shall fix a date for a hearing on the application and sign the order of hearing and notice. An entry fee of twenty dollars shall then be collected and a copy of the original document shall be placed in the court file.

(2) The clerk shall deliver to the applicant's attorney the original of the documents for service. Service having been made, the original documents shall be returned to the court with the endorsement by the officer of such officer's actions.

(c) If an action for foreclosure of the lien is pending before any court, any party to that action may at any time prior to trial, unless an application under subsection (a) of this section has previously been ruled upon, move that the lien be discharged or reduced.

(d) No more than one application under subsection (a) hereof or motion under subsection (c) hereof shall be ruled upon with respect to any single mechanic's lien, except that the foregoing shall not preclude an application or motion by a person not given notice of the prior application or not a party to the action at the time the prior motion was ruled upon.

Cited. 177 C. 295; 180 C. 501; 181 C. 592; 183 C. 108. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583. Cited. 188 C. 253; 209 C. 185; 210 C. 511; 217 C. 361; 235 C. 595.

Cited. 6 CA 180; 10 CA 45; 27 CA 199. Trial court did not improperly discharge a lien under section without first holding a required hearing because, despite defendant's earlier filing for a continuance, defendant failed to appear at the hearing and forfeited his rights against plaintiff. 54 CA 355.

Cited. 33 CS 552; 42 CS 460.

## Nearby sections

- [Conn. Gen. Stat. § 49-32a Sec. 49-32a. Federal liens.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-32a.md)
- [Conn. Gen. Stat. § 49-33 Sec. 49-33. Mechanic's lien. Precedence. Rights of subcontractors.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-33.md)
- [Conn. Gen. Stat. § 49-34 Sec. 49-34. Certificate of lien to be recorded and notice given to owner.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-34.md)
- [Conn. Gen. Stat. § 49-35 Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35.md)
- [Conn. Gen. Stat. § 49-35a Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry fee.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35a.md)
- [Conn. Gen. Stat. § 49-35b Sec. 49-35b. Burden of proof at hearing. Authority of court.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35b.md)
- [Conn. Gen. Stat. § 49-35c Sec. 49-35c. Appeal.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35c.md)
- [Conn. Gen. Stat. § 49-35d Sec. 49-35d. Validation of lien recorded prior to April 22, 1975.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35d.md)
- [Conn. Gen. Stat. § 49-36 Sec. 49-36. Liens limited; apportionment; payments to original contractor.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-36.md)
- [Conn. Gen. Stat. § 49-37 Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of actions on claim and bond.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-37.md)
- [Conn. Gen. Stat. § 49-37a Sec. 49-37a. Lien validated when bond substituted prior to April 22, 1975.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-37a.md)
- [Conn. Gen. Stat. § 49-38 Sec. 49-38. Lien on railroad for services or materials in construction.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-38.md)
- [Conn. Gen. Stat. § 49-39 Sec. 49-39. Time limitation of mechanic's lien. Action to foreclose privileged.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-39.md)
- [Conn. Gen. Stat. § 49-40a Sec. 49-40a. Mechanic's liens expired by limitation of time.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-40a.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CT_T49_C847_S49-35a. Check the current official text before relying on it. Not legal advice.
