Section 42a-9-518 - Claim concerning inaccurate or wrongfully filed record. Petition to invalidate record that was falsely filed or amended(a) A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.(b) An information statement under subsection (a) of this section must:(1) Identify the record to which it relates by:(A) The file number assigned to the initial financing statement to which the record relates; or(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501, the book and page number on which or the date and time that the initial financing statement was recorded;(2) Indicate that it is an information statement; and(3) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.(c) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509.(d) An information statement under subsection (c) of this section must: (1) Identify the record to which it relates by: (A) The file number assigned to the initial financing statement to which the record relates; or(B) If the information statement relates to a record recorded in a filing office described in subdivision (1) of subsection (a) of section 42a-9-501, the book and page number on which or the date and time that the initial financing statement was recorded;(2) Indicate that it is an information statement; and(3) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under subsection (d) of section 42a-9-509.(e) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.(f)(1) A person identified in any record filed pursuant to sections 42a-9-501 to 42a-9-526, inclusive, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate a record, when such record was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such record. Upon a determination that such cause exists, the court shall, not later than sixty days after the date of such determination, hold a hearing to determine whether to invalidate such record or grant any other relief deemed appropriate by the court. There shall be no fee to petition for a hearing under this section. The person petitioning the court to invalidate a record shall send a copy of the petition to all parties named in such record.(2) A person who files a petition under subdivision (1) of this subsection shall include, as part of such petition, a certified copy of the record that such person seeks to invalidate.(3) In determining whether cause exists to doubt the validity of a record under subdivision (1) of this subsection, the court may consider factors that include, but are not limited to, whether (A) the record is related to a valid existing commercial or financial transaction, or a potential commercial or financial transaction, or a judgment of a court of competent jurisdiction; (B) the same individual is named as both debtor and creditor; (C) an individual is named as a transmitting utility; and (D) the record has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.(4) If the court determines after a hearing that a record identified in a petition filed pursuant to subdivision (1) of this subsection is not valid, the court shall render a judgment that such record is void in its entirety and shall direct the custodian of such record, when feasible, to note that such record is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subdivision (1) of this subsection shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the record adjudged invalid by the court.Conn. Gen. Stat. § 42a-9-518
( P.A. 01-132, S. 89; P.A. 03-62, S. 12; P.A. 11-108, S. 14; P.A. 17-99, S. 47.)
Amended by P.A. 17-0099, S. 47 of the Connecticut Acts of the 2017 Regular Session, eff. 1/1/2018.Amended by P.A. 11-0108, S. 14 of the the 2011 Regular Session, eff. 7/1/2013.