Hueckel v. Hardy, No. 149-5-11 Bncv (Wesley, J., July 23, 2014).

[The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the 

accompanying data included in the Vermont trial court opinion database is not guaranteed.]

Hueckel et al vs. Hardy

ENTRY REGARDING MOTION

Title: Motion discharge of trustee (Motion 7)

Motion to dismiss trustee process (Motion 8)

Filer: Vermont Country Properties

Attorney: Thomas F. Heilmann (Motion 7); James Dingley (Motion 8)

Filed Date: June 19, 2014

Response filed on 06/20/2014 by Attorney Alexander D. Ramsvig for Plaintiff Glen Hueckel

Decision Denying Trustee’s Motion for Discharge &

Denying Defendant’s Motion to Dismiss Trustee Process Proceedings

Plaintiffs sued Paul Hardy for back rent, and secured a judgment for $12,962.50 on Aug. 

11, 2011. On April 30, 2014, Plaintiffs filed a motion for trustee process to garnish earnings

against Mr. Hardy’s employer, Vermont Country Properties. Through counsel, Vermont Country 

Properties filed a motion for discharge of trustee, supported by an affidavit from its business 

manager, Tiffany Johnson. Vermont Country Properties is a real estate company. Vermont 

Country Properties indicated it pays Mr. Hardy by commission and Mr. Hardy had no pending 

sales. Although Ms. Johnson’s affidavit purports to be a trustee’s disclosure, Vermont Country 

Properties did not fill out Form No. 508, and thus has not provided all the relevant information 

necessary for a proper response to a trustee process request.

In its motion for discharge as a trustee, Vermont Country Properties indicates it has no 

property of Mr. Hardy. For the same reason, Defendant has also moved for dismissal of the 

trustee process proceedings. Plaintiffs opposed the motions because trustees can be required 

to remit future payments, even if the exact amounts of such payments are presently uncertain. 

Plaintiffs also requested Vermont Country Properties fill out Form No. 508.

The Court denies Vermont Country Properties’ motion for discharge and Defendant’s 

motion for dismissal. See V.R.C.P. 4.2(j). A plaintiff may seek trustee process against a 

defendant’s earnings. Under V.R.C.P. 4.2(j)(5), the definition of earnings includes commissions, 

see also 12 V.S.A. § 3169(b)(1). A plaintiff may seek trustee process against a defendant’s future 

earnings, even if those earnings are not precisely foreseeable at the time of the trustee process 

hearing. See Winey v. Culter, 165 Vt. 566, 567 (1996) (mem.). Accordingly, neither the trustee 

nor Defendant is entitled to discharge or dismissal based on the claim that Vermont Country 

Properties does not currently hold any commissions for Mr. Hardy. 

STATE OF VERMONT

SUPERIOR COURT CIVIL DIVISION

Bennington Unit Docket No. 149-5-11 Bncv
The trustee process hearing was initially scheduled for June 23, 2014. By entry issued 

June 17, the Court granted Defendant’s motion to continue the hearing, which has been 

rescheduled to Aug. 4, 2014 at 2:00 p.m. The Court requires Vermont Country Properties to 

submit its trustee’s disclosure on Form No. 508 no later than July 31, 2014, or risk adjudication 

as trustee. See Form No. 508: Trustee Disclosure of Earnings, State of Vermont Judiciary 

available at https://www.vermontjudiciary.org/eforms/Form%20508.pdf. V.R.C.P. 4.2(j)(3) 

requires a plaintiff to submit a request for trustee process accompanied by the court’s form. 

The requirement and form would be meaningless if trustees could ignore it. Moreover, 

Vermont Country Properties’ affidavit does not contain the information requested by Form No. 

508. 

WHEREFORE, it is hereby ORDERED :

The Court DENIES Vermont Country Properties’ motion for discharge. The Court DENIES

Defendant’s motion to dismiss. Vermont Country Properties shall make its trustee disclosure on 

Form No. 508 no later than July 31, 2014.

Electronically signed on July 23, 2014 at 10:28 AM pursuant to V.R.E.F. 7(d).

______________________________________

John P. Wesley

Superior Court Judge

Notifications:

James M. Dingley (ERN 1944), Attorney for Defendant Paul Hardy

Trustee Berkshire Bank

Thomas F. Heilmann (ERN 3294), Attorney for Trustee Vermont Country Properties

Alexander D. Ramsvig (ERN 6332), Attorney for Plaintiff Linda Hueckel

Alexander D. Ramsvig (ERN 6332), Attorney for Plaintiff Glen Hueckel

wesley