(a) A person, as defined in section 42a-1-201, who has been identified in a filing pursuant to chapters 821 to 822, inclusive, may petition the Tax and Administrative Appeals Session of the Superior Court to invalidate such filing, or any amendment thereof, when such filing was falsely filed or amended. The court shall review such petition and determine whether cause exists to doubt the validity of such filing or amendment. 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 filing or amendment 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 filing shall send a copy of such petition to all parties named in such filing.
(b) A person who files a petition under subsection (a) of this section shall include, as part of such petition, a certified copy of the filing, and any amendment thereof, that such person seeks to invalidate.
(c) In determining whether cause exists to doubt the validity of a filing or amendment under subsection (a) of this section, the court may consider factors that include, but are not limited to, whether (1) the filing or amendment is related to a valid existing commercial, financial or real estate transaction, or a potential commercial, financial or real estate transaction, or a judgment of a court of competent jurisdiction; (2) the same individual is named as both debtor and creditor; (3) an individual is named as a transmitting utility; and (4) the filing or amendment has been filed with the intent to defraud, deceive, injure or harass a person, business or governmental entity.
(d) If the court determines after a hearing that a filing identified in a petition filed pursuant to subsection (a) of this section is not valid, the court shall render a judgment that such filing is void in its entirety and shall direct the custodian of such filing, when feasible, to note that such filing is not valid. The court may grant such other relief as it deems appropriate. The petitioner under subsection (a) of this section shall provide a copy of the petition and the judgment of the court granting such petition to the custodian of the filing adjudged invalid by the court.
(P.A. 17-99, S. 48.)
History: P.A. 17-99 effective January 1, 2018.
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