Habura v. Kochanowicz

In Habura v. Kochanowicz, 40 Conn. App. 590, 591-92, 672 A.2d 512 (1996), the Court held that where the defendants received notice of a judgment against them by way of a letter from the plaintiff's counsel that they received six months after the court rendered its judgment, the four month period began to run from the date that the defendants received the letter. In so holding, the Court stated that "where the defendants have not received notice of the default judgment . . . the time within which they may move to set aside the judgment is extended by the delay in notification." Id. at 592. The Court stated: "Where the defendants have not received notice of the default judgment . . . the time within which they may move to set aside the judgment is extended by the delay in notification." While it is true the mailing of the default judgment to the defendants raised a presumption of its receipt, the plaintiff ignores the fact that that presumption is rebuttable. The mailing of the decision "raises a presumption that notice was sent and received in the absence of a finding to the contrary." Id.