PocketLaw | Vermont Statutes | Trustee Process

Trustee Process

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Actions

Tort actions; arrest

Who may be summoned as trustee generally; property subject to process

Maker or indorser of negotiable paper; exemptions

Executor or administrator

Nonresidents summoned as trustees

Foreign railroad corporations as trustees

Debts absolutely due, but not payable

Debts contingent; judgment subject to execution

Exemptions from trustee process generally

Debts reduced by sums owing defendant's workmen

Assignment of future earnings; validity as against trustee process; recording

Proceeds of property exempt from attachment

Debt for property in part exempt

Proceeds of exempt property held for taxes

Sections
3051-3059 Repealed

1971, No. 185 (Adj. Sess.), Section 237, eff. March 29, 1972.

Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

Default of trustee-Adjudgment as trustee

Amount of judgment; execution

Sworn disclosure; general denial; examination; discharge

Admission; statement of facts

Answers and statements of trustee not conclusive

Trial of issues by jury or court

Disclosure before judge in Superior Court action

Corporations summoned as trustees

Commissioners-Appointment

Powers and duties of commissioner

Taking and return of disclosure

Judgment on disclosure and commissioner's report

Disclosure not evidence in a prosecution

Value less than $10.00; discharge of trustee; costs

Trustee liable only for balance due

Payments by trustee after service

Judgment on money demands-Amount; when payable

Liability of trustee on failure to pay

Execution against trustee

Judgment against trustee; effect on defendant's demand

Discharge of trustee; effect on defendant's demand

Costs-Allowed to trustee

Retention out of funds in trustee's hands

Retention of property until costs paid

Judgment for costs of discharged trustee

Recognizance for trustee's costs

Plaintiff's costs not to exceed damages

Specific property-Delivery to officer; sale; application of proceeds

Value as between trustee and defendant

Contract as to delivery; tender

Delivery of tendered property to officer

Payment of trustee's claim by creditor

Performance of contract or condition by creditor

Reimbursement of creditor from proceeds of sale

Disposal of property by trustee before payment or tender

Trustee's liability on refusal to deliver property

Trustee not liable for destruction of property without his or her fault

Defense of trustee sued for not delivering property

Claims of third persons-Appearance; notice

Third person as party; recognizance; trial of title

Costs

Death of trustee-Attachment not discharged; liability of representative

Representative may appear or be cited

Default for nonappearance after notice

Representative to pay on execution if trustee dies after judgment

Plaintiff's remedy when representative does not pay

Pending action against trustee-Action to proceed; continuance for judgment

Application for continuance; effect of denial

Payment made on judgment in trustee action allowed

Fraudulent conveyance and assignment-Trustee with title void as to creditors; examination

Execution against trustee; arrest

Validity of sale or assignment may be inquired into

Mortgagor of personal property summoned as trustee of mortgagee-Mortgagee defined

Attachment of mortgagee's interest

Held to satisfy execution against trustee

Mortgagee not to sell attached property

Purchaser's title in property sold on execution

Trustee may file bond and sell property

Mortgagee may file bond and release property

Action by assignee of negotiable paper after judgment against maker-Pleading judgment in bar; citation of plaintiff in trustee action

Court to decide to whom judgment belongs

Proceedings if judgment belongs to assignee

Mode of trial; costs

Sections
3157-3164 Repealed

1973, No. 249 (Adj. Sess.), Section 111, eff. April 9, 1974.

Repealed. 1979, No. 67, § 9, eff. date, see note set out below.

Compensation assignments, employer acceptance required

Enforcement of money judgments; trustee process against earnings

Motion for issuance of trustee process; scheduling and notice of hearing

Hearing on motion; findings; order

Exemptions; issuance of order

Service of order; liability of trustee

Employee protected