Stanley Kosiorek, Executor of the Estate of Stanislaw Kosiorek v. Jacek Smigelski et al. (2013)

MEMORANDUM OF DECISION RE GARNISHEES' EVIDENTIARY HEARING, # 257

On April 22, 2013, the court heard the argument of the garnishees, Julius Janusz and John Glowka, in relation to the amount of debt and/or payments on two promissory notes (Garnishees' Exh. C and D), from Janusz to the defendant, Jacek Smigelski, and another from Glowka to the defendant, Jacek Smigelski.   Janusz and Glowka argue that they have fulfilled their obligations to Jacek Smigelski under the promissory notes, and, therefore, are not required to make any further payments.¹  The plaintiff contends that there are an additional eight (8) payments from each of the garnishees still remaining on the notes.

At a hearing held on August 30, 2011, the court ordered Glowka and Janusz to make the payments of $495.03 per month from each of them.   At that hearing, an affidavit of the defendant was presented which indicated that he had not received payments on the notes from Janusz and Glowka from “at least December of 2010” to the date of the affidavit, which was August 9, 2011.   That is a period of eight (8) months.   No credible evidence was presented at this hearing to indicate that Janusz and Glowka had in fact made all the payments under the notes.

The court orders that an additional eight (8) payments be made under the note to the plaintiff according to the terms and conditions previously ordered.²

Swienton, J.

FOOTNOTES

FN1. Those payments are being made to the plaintiff in order to satisfy the judgment in favor of the plaintiff as against the defendant..  FN1. Those payments are being made to the plaintiff in order to satisfy the judgment in favor of the plaintiff as against the defendant.

FN2. The garnishees argue that General Statutes § 52–381 provides that the burden is on the plaintiff to prove the amount of the debt at the time of the garnishment.   The court heard evidence regarding these debts at the time of the initial garnishment..  FN2. The garnishees argue that General Statutes § 52–381 provides that the burden is on the plaintiff to prove the amount of the debt at the time of the garnishment.   The court heard evidence regarding these debts at the time of the initial garnishment.

Swienton, Cynthia K., J.