reglab/housing_qa huggingface dataset:
12 V.S.A. § 3022
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3022. Assignment of future earnings; validity as against trustee process; recording

§ 3022. Assignment of future earnings; validity as against trustee process; recording|An assignment of future earnings shall not be valid against trustee process unless executed in writing and made to secure a debt of an amount therein stated, contracted prior to or simultaneously with the execution of the assignment, or a debt for necessaries to be thereafter furnished to the debtor to the amount therein stated. The assignment shall not be valid as to the trustee process unless it is recorded, before the service of the writ upon the alleged trustee, as follows:  (1) In the office of the clerk of the town wherein the assignor resides, if he or she is a resident of this State, otherwise in the office of the clerk of the town wherein the employer of such assignor resides; or (2) In the office of the clerk of the town wherein the principal place of business of such employer is located, if such assignor is a nonresident and his or her employer is a resident corporation, partnership, or association; or (3) In the office of the Secretary of State, if the assignor is a nonresident and his or her employer is a nonresident individual, corporation, partnership, or association, authorized to do business in this State.
12 V.S.A. § 3023
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3023. Proceeds of property exempt from attachment

§ 3023. Proceeds of property exempt from attachment|Except as herein otherwise provided, a person shall not be liable on trustee process on account of a sum due or owing to the principal debtor for property sold or conveyed or delivered by him or her, which was exempt from attachment and execution at the time of the sale. If at the time the trustee process was commenced, the principal debtor was the owner of other property exempt from attachment and execution and of the same kind as that sold by him or her to the trustee, so far as such other property was free from encumbrance for the purchase money, the provisions of this section shall not apply.
12 V.S.A. § 3024
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3024. Debt for property in part exempt

§ 3024. Debt for property in part exempt|When the sum due or owing to the principal debtor is in part for property exempt from attachment and execution and in part for property not so exempt, the sum exempt from attachment by the trustee process shall be the value of the property so exempt from attachment and execution.
12 V.S.A. § 3025
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3025. Proceeds of exempt property held for taxes

§ 3025. Proceeds of exempt property held for taxes|Sections 3023 and 3024 of this title shall not apply to a trustee process instituted for the collection of taxes.
12 V.S.A. § 3062
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3062. Default of trustee- Adjudgment as trustee

§ 3062. Default of trustee- Adjudgment as trustee|When a person summoned as trustee does not serve his or her disclosure within such time as the Supreme Court may by rule provide, he or she shall be defaulted and adjudged a trustee. (Amended 1971, No. 185 (Adj. Sess.), § 79, eff. March 29, 1972.)
12 V.S.A. § 3063
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3063. Amount of judgment; execution

§ 3063. Amount of judgment; execution|When a person is adjudged trustee by default, the judgment shall be for the amount of damages and costs recovered by the plaintiff in the action, and payable in money at the time the judgment is rendered against the principal defendant. Execution therefor may issue directly against the goods, chattels, or estate of the trustee.
12 V.S.A. § 3064
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3064. Sworn disclosure; general denial; examination; discharge

§ 3064. Sworn disclosure; general denial; examination; discharge|When an alleged trustee serves his or her written disclosure under oath declaring that he or she had not at the time of the service of the summons, nor has since had in his or her hands or possession any goods, effects, or credits of the defendant, and submits himself or herself thereupon to examination upon oath, he or she shall be discharged if the plaintiff should decline to examine him or her, or if his or her disclosure appears to be true upon examination and further proceedings. If the plaintiff examines the alleged trustee thereon, he or she shall propose interrogatories in writing, which shall be answered in writing, signed by the trustee, and sworn to by him or her in open court or before a person authorized by law to administer oaths. (Amended 1971, No. 185 (Adj. Sess.), § 80, eff. March 29, 1972.)
12 V.S.A. § 3065
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3065. Admission; statement of facts

§ 3065. Admission; statement of facts|When an alleged trustee serves his or her written disclosure under oath admitting that he or she has in his or her hands or possession goods, effects, or credits of the defendant, or referring that question to the court upon the facts, his or her disclosure may set forth such facts as he or she deems material, and he or she may submit himself or herself thereupon to a further examination on oath. The plaintiff may propose interrogatories in writing, to be answered as provided in section 3064 of this title. (Amended 1971, No. 185 (Adj. Sess.), § 81, eff. March 29, 1972.)
12 V.S.A. § 3066
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3066. Answers and statements of trustee not conclusive

§ 3066. Answers and statements of trustee not conclusive|The answers and statements sworn to by a person summoned as trustee shall not be conclusive in deciding how far he or she is chargeable, but either party may allege and prove facts material to that issue.
12 V.S.A. § 3067
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3067. Trial of issues by jury or court

§ 3067. Trial of issues by jury or court|Questions of fact arising upon such additional allegations may be tried by the court, or in the discretion of the court, may be submitted to a jury in such manner as the court directs, in cases where a commissioner has not been appointed.
12 V.S.A. § 3068
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3068. Disclosure before judge in Superior Court action

§ 3068. Disclosure before judge in Superior Court action|A person summoned to appear before the Superior Court as trustee may appear before a Superior judge, competent to try causes between the parties, and with the consent of the parties, certified by such judge, make his or her written disclosure, upon oath. On its being filed with the clerk of the court, such trustee shall not be required to appear before the court, except for the purpose of explaining or correcting his or her disclosure, and the same proceedings shall be had as if taken in Superior Court. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 20, eff. April 9, 1974.)
12 V.S.A. § 3069
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3069. Corporations summoned as trustees

§ 3069. Corporations summoned as trustees|A corporation may appear by its cashier, treasurer, clerk, or such officer as it appoints, or as the court requires. The answer, disclosure, and examination on oath of such officers shall be received as the answer, disclosure, and examination of the corporation.
12 V.S.A. § 3070
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3070. Commissioners- Appointment

§ 3070. Commissioners- Appointment|When a person summoned as trustee in Superior Court appears and files a disclosure denying his or her liability, or submits such question to the court upon a statement of facts, the court in its discretion may, or upon application of the plaintiff, trustee, or claimant shall, appoint one or more commissioners, who shall hear the testimony adduced by the parties as to the trustee's liability or the right of the claimant, determine questions with reference thereto, and report to the court the facts with their decision thereon. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
12 V.S.A. § 3071
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3071. Powers and duties of commissioner

§ 3071. Powers and duties of commissioner|A commissioner may summon the trustee to appear before him or her and make disclosure; and if, after reasonable notice from the commissioner, he or she does not appear, or, appearing, does not make disclosure, the commissioner shall report the fact to the court. Thereupon, unless cause is shown to the contrary, the court shall render judgment as in case of default against the trustee. When the trustee appears before the commissioner and does not answer the interrogatories proposed by the plaintiff or commissioner, such failure to answer, relative to the particular matter to which such answer is required, shall be taken against him or her.
12 V.S.A. § 3072
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3072. Taking and return of disclosure

§ 3072. Taking and return of disclosure|The commissioner shall take the disclosure of the trustee in writing, and certify and return the same to the court with his or her report.
12 V.S.A. § 3073
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3073. Judgment on disclosure and commissioner's report

§ 3073. Judgment on disclosure and commissioner's report|When the commissioner has returned to the court the disclosure of the trustee, with the report of the facts and his or her decision thereon, if cause is not shown to the contrary, judgment with costs shall be rendered on such report according to the rights of the parties.
12 V.S.A. § 3074
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3074. Disclosure not evidence in a prosecution

§ 3074. Disclosure not evidence in a prosecution|The disclosure upon oath of a trustee in any action in which he or she is summoned shall not be used as evidence to prove any fact therein stated, in a prosecution against him or her for a crime or penalty.
12 V.S.A. § 3075
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3075. Value less than $10.00; discharge of trustee; costs

§ 3075. Value less than $10.00; discharge of trustee; costs|When the goods, effects, and credits in the hands of the trustee do not exceed $10.00 in value, the trustee shall be discharged with costs against the plaintiff. The provision of this section shall not affect a trustee process for the collection of taxes.
12 V.S.A. § 3076
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3076. Trustee liable only for balance due

§ 3076. Trustee liable only for balance due|A trustee may deduct from the goods, effects, and credits in his or her hands his or her demands against the defendant founded on contract, express or implied, and shall be liable for the balance only after such demands are adjusted.
12 V.S.A. § 3077
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3077. Payments by trustee after service

§ 3077. Payments by trustee after service|When, after service on the trustee but before he or she has knowledge thereof, he or she, in good faith, makes payment or becomes liable to a third person on account of the goods, effects, or credits in his or her hands or delivers the same to the defendant or to any other person entitled thereto, he or she shall be allowed therefor as if the payment or delivery had been made or the liability incurred, before the service of the process on him or her.
12 V.S.A. § 3078
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3078. Judgment on money demands- Amount; when payable

§ 3078. Judgment on money demands- Amount; when payable|When a person is adjudged trustee on account of money due to the defendant at a future day, the court shall determine the amount which the trustee shall pay on the judgment and the time when the same shall be paid.
12 V.S.A. § 3079
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3079. Liability of trustee on failure to pay

§ 3079. Liability of trustee on failure to pay|When the trustee does not pay such sum by the time specified, when required by the officer serving the execution, he or she shall be liable to the plaintiff for the same with interest in an action of contract on this statute.
12 V.S.A. § 3080
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3080. Execution against trustee

§ 3080. Execution against trustee|When a person is adjudged trustee on account of money due the defendant at the time judgment is rendered, the court shall determine the amount which the trustee shall pay on such judgment, and execution may issue directly against the goods, chattels, or estate of the trustee for the same. When execution issues against the defendant, the amount of the judgment against the trustee shall be certified thereon.
12 V.S.A. § 3081
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3081. Judgment against trustee; effect on defendant's demand

§ 3081. Judgment against trustee; effect on defendant's demand|The judgment against a person as trustee shall discharge him or her from demands by the defendant for goods, effects, and credits paid, delivered or accounted for by the trustee, by force of the judgment; and if he or she is afterwards sued therefor by the defendant or his or her representatives, the judgment shall constitute a defense. (Amended 1971, No. 185 (Adj. Sess.), § 82, eff. March 29, 1972.)
12 V.S.A. § 3082
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3082. Discharge of trustee; effect on defendant's demand

§ 3082. Discharge of trustee; effect on defendant's demand|When a person summoned as trustee is discharged, the judgment shall not be a bar to an action brought against him or her by the defendant for the same demand.
12 V.S.A. § 3083
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3083. Costs- Allowed to trustee

§ 3083. Costs- Allowed to trustee|When a person summoned as trustee appears and submits to examination upon oath, he or she shall be allowed his or her costs for travel and attendance, and such further sum as the court deems reasonable for his or her counsel fees and other necessary expenses.
12 V.S.A. § 3084
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3084. Retention out of funds in trustee's hands

§ 3084. Retention out of funds in trustee's hands|When a person is adjudged a trustee, his or her costs and charges shall be retained out of the goods, effects, and credits in his or her hands, and he or she shall be chargeable on execution for the balance.
12 V.S.A. § 3085
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3085. Retention of property until costs paid

§ 3085. Retention of property until costs paid|When a person is adjudged trustee on account of specific articles of personal property, he or she shall not be obliged to deliver the same to the officer serving the execution until his or her costs and charges are fully paid or tendered.
12 V.S.A. § 3086
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3086. Judgment for costs of discharged trustee

§ 3086. Judgment for costs of discharged trustee|When the trustee is discharged, he or she shall recover judgment against the plaintiff for his or her costs and charges and have execution therefor.
12 V.S.A. § 3087
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3087. Recognizance for trustee's costs

§ 3087. Recognizance for trustee's costs|The plaintiff in a trustee process shall give security for costs to the trustee by way of recognizance by some person other than the plaintiff. The security shall be in the sum of $50.00 for a summons returnable to a Superior Court. If trustee process issues without a minute of the recognizance, with the name of the surety and the sum in which he or she is bound, signed by the clerk thereon, the trustee shall be discharged. (Amended 1971, No. 185 (Adj. Sess.), § 83, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; No. 249 (Adj. Sess.), § 21, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 78.)
12 V.S.A. § 3088
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3088. Plaintiff's costs not to exceed damages

§ 3088. Plaintiff's costs not to exceed damages|The plaintiff in a trustee process shall not recover a greater sum for costs, including costs allowed to the trustee, than the amount of damages recovered.
12 V.S.A. § 3121
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3121. Specific property- Delivery to officer; sale; application of proceeds

§ 3121. Specific property- Delivery to officer; sale; application of proceeds|When a person is charged as trustee by reason of personal property, other than money, which he or she holds or is bound to deliver to the defendant, he or she shall deliver the same, or so much thereof as is necessary, to the officer who holds the execution, and it shall be sold and the proceeds thereof applied and accounted for as if taken on execution in common form.
12 V.S.A. § 3122
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3122. Value as between trustee and defendant

§ 3122. Value as between trustee and defendant|The value of such personal property so delivered shall be ascertained, as between the trustee and defendant, as if it had been delivered to the defendant. Upon the application of either party, the court may determine such value and make an order as to such property and the expense of keeping and delivering the same, proper to protect the rights of the trustee and the defendant.
12 V.S.A. § 3123
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3123. Contract as to delivery; tender

§ 3123. Contract as to delivery; tender|A person summoned as trustee, who has contracted to deliver specific personal property to the defendant at a certain time and place, shall not be compelled thereby to deliver it at any other time or place. He or she may tender it at the time and place mentioned in the contract, and shall retain possession thereof, subject to the order of the court in the trustee process, unless he or she has been previously adjudged a trustee on account thereof.
12 V.S.A. § 3124
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3124. Delivery of tendered property to officer

§ 3124. Delivery of tendered property to officer|The property so tendered shall be held to respond to the judgment in the trustee process as if the same had been attached, and the trustee shall deliver it to the officer holding the execution, on receiving a reasonable compensation for keeping the same after such tender. The tender shall have the same effect as if it had been made to the defendant and he or she had refused to receive the property.
12 V.S.A. § 3125
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3125. Payment of trustee's claim by creditor

§ 3125. Payment of trustee's claim by creditor|When it appears that personal property in the hands of a person summoned as a trustee is mortgaged, pledged, or liable for the payment of a debt due to him or her, the court may allow the attaching creditor to pay or tender the amount due to the trustee, and he or she shall thereupon deliver such property, as provided in this subchapter, to the officer holding the execution. (Amended 2018, No. 8 (Sp. Sess.), § 5, eff. June 28, 2018.)
12 V.S.A. § 3126
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3126. Performance of contract or condition by creditor

§ 3126. Performance of contract or condition by creditor|When such property is held for a purpose other than to secure the payment of money, and the contract, condition, or other thing to be performed is such as can be performed by the attaching creditor without damage to the other parties, the court may order the performance thereof by him or her. Upon such performance or tender thereof, the trustee shall deliver the property, as hereinbefore provided, to the officer holding the execution.
12 V.S.A. § 3127
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3127. Reimbursement of creditor from proceeds of sale

§ 3127. Reimbursement of creditor from proceeds of sale|Personal property received by the officer under sections 3124-3126 of this title shall be sold as if it had been taken on execution in the common form, except that out of the proceeds of the sale the officer shall repay to the attaching creditor the amount paid by him or her to the trustee for keeping or redeeming the same, with interest thereon, or shall indemnify the creditor for such other act or thing as he or she has done pursuant to the order of the court for the redemption of such property.
12 V.S.A. § 3128
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3128. Disposal of property by trustee before payment or tender

§ 3128. Disposal of property by trustee before payment or tender|The provisions of this chapter shall not prevent the trustee from selling personal property in his or her hands for the payment of the demand for which it is mortgaged, pledged, or otherwise liable, before the amount due him or her is paid or tendered, as before provided, if such sale is authorized by the terms of the contract between him or her and the defendant.
12 V.S.A. § 3129
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3129. Trustee's liability on refusal to deliver property

§ 3129. Trustee's liability on refusal to deliver property|When a trustee does not deliver personal property in his or her hands, when lawfully required by the officer serving the execution, he or she shall be liable to the plaintiff in the action for the value thereof, after deducting the amount, if any, of his or her lien, to be recovered in an action of tort on this statute.
12 V.S.A. § 3130
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3130. Trustee not liable for destruction of property without his or her fault

§ 3130. Trustee not liable for destruction of property without his or her fault|When a person is adjudged a trustee on account of personal property in his or her hands, and the same is destroyed without his or her negligence or default after the judgment and before demand therefor by the officer holding the execution, the trustee shall be discharged from liability to the plaintiff for not delivering the same. When a suit is commenced against him or her for not delivering the property, the destruction shall constitute a defense. (Amended 1971, No. 185 (Adj. Sess.), § 84, eff. March 29, 1972.)
12 V.S.A. § 3131
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 121 - Trustee Process|§ 3131. Defense of trustee sued for not delivering property

§ 3131. Defense of trustee sued for not delivering property|If a trustee is sued for not delivering to the officer personal property in his or her hands, any matter of discharge occurring after he or she was adjudged trustee shall constitute a defense, if that matter would be a good discharge in an action brought against a sheriff if he or she had attached the property. (Amended 1971, No. 185 (Adj. Sess.), § 85, eff. March 29, 1972.)