Guides
You live there but are not named in the eviction: the Claim of Exemption
General information about Connecticut court procedure, not legal advice.
An eviction judgment binds the people who were part of the case. If you live in the home but were never named in the papers and never had your day in court, Connecticut has a filing for exactly your situation: the Claim of Exemption. It has one unforgiving feature, a deadline that is not a date on a calendar but an event, so speed matters more here than anywhere else in an eviction case.
Who this is for
You live in the home. The eviction case named someone else, a leaseholder, a family member, a roommate, and a judgment of possession entered. Your name is not on the Notice to Quit, the Summons, or the Complaint. The question the Claim of Exemption puts to the court is whether that judgment should reach you at all.
The deadline is an event, not a date
The Claim of Exemption must be filed before an execution issues. An execution is the court document that authorizes a state marshal to remove occupants. You usually cannot see it coming, so the only safe reading of this deadline is now: if a judgment has entered in a case about your home and you were not named, file before the landlord asks for the execution.
The form and the hearing
The form is the Claim of Exemption (form JD-HM-3), filed with the clerk of the housing court where the case is. The court holds a hearing within 7 days. That fast clock is the point: the court decides quickly whether the judgment binds you before a removal happens.
What the court looks at
The facts that matter include whether the landlord knew, or reasonably should have known, that you lived there. If you ever paid rent directly to the landlord, the landlord is deemed to know you were there. Gather what shows your occupancy and the landlord's knowledge: rent receipts or payment records, mail at the address, an ID with the address, texts or emails with the landlord.
What this filing is not
The Claim of Exemption is about whether the case's judgment binds you. It is not the tool for challenging the judgment itself or asking for more time to move; those belong to the named parties, and our guide on the three post-judgment options covers them. If your claim succeeds, the landlord cannot remove you on that judgment.
Move fast at the clerk's office
Because the deadline is the execution issuing, paper filing at the clerk's office is the right route; this is not a filing to put through online enrollment steps. Bring your proof of occupancy with you so the form is complete the first time.
Where to get help
Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify, and tenants facing eviction may qualify for the state's Right to Counsel program. If you want legal advice, talk to a licensed Connecticut attorney.
ProSay is not a law firm and does not provide legal advice. ProSay is a self-help document preparation service.