reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 3 - Change of Venue

Section 3. If, in an action in the supreme judicial or superior court in which trustee process is used in connection with the commencement thereof, the court finds that the trustee was made a party in order to give the court jurisdiction of the action in the county where the trustee dwells or has a usual place of business, and that neither the plaintiff nor the principal defendant dwells or has a usual place of business therein, it may, upon motion of the defendant at any time before trial, order the action and all papers relating thereto transferred to a county where some one of the principal parties dwells or has a usual place of business, upon terms. The action shall thereupon be entered and prosecuted in the same court for that county as if originally brought therein, and all prior proceedings otherwise regularly taken shall thereafter be valid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 4 - Venue in District Courts

Section 4. No person shall be held to answer as a trustee in an action in a district court, except as provided in section fifty-four of chapter two hundred and eighteen, in any county other than that where he dwells or has a usual place of business; and if a person summoned as trustee in such court is out of the county at the time of the service of the trustee summons upon him, and does not return before final judgment in the action, he shall not be chargeable as trustee.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 4a - Change of Venue in District Courts

Section 4A. Whenever the venue of an action in a district court is based upon the residence or usual place of business of an alleged trustee, which action could not otherwise be properly brought in that district, the court may on motion of any party thereto transfer such action for trial and final disposition to any other district court in which the action might have been commenced had there been no trustee alleged.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 4b - Venue in Actions to Enforce Support Orders

Section 4B. Notwithstanding any other provision of law to the contrary, in an action to enforce a support order pursuant to section thirty-six A of chapter two hundred and eight, the action shall be brought in the court which issued the order for alimony, maintenance or child support.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 6 - Foreign Corporations; Service

Section 6. When a foreign corporation having a usual place of business in the commonwealth is summoned as a trustee in an action against one of its employees, service of the summons may be made as provided in section thirty-eight or thirty-nine of chapter two hundred and twenty-three, or upon any paymaster or other officer or agent of the corporation whose duty it is to pay such employee, and such service shall be as binding upon the corporation as if it had been made upon the commissioner of revenue or the commissioner of insurance.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 8 - New Trustees; Successive Services

Section 8. The plaintiff may at any time insert the names of other trustees in the summons, and cause the summons to be served upon them; and after service upon a trustee, a plaintiff may cause the summons to be again served upon the same trustee in the same manner and with the same effect as if he had not been previously served. A summons served upon a trustee after service upon the defendant shall be again served upon the defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 10 - Answer; Filing; Contents

Section 10. A person summoned as trustee shall file his answer within twenty days after service of the trustee summons upon him, unless the court otherwise directs. The answer shall disclose plainly, fully and particularly what goods, effects or credits, if any, of the defendant were in the hands or possession of the trustee when he was served with process.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 11 - Answer Under Oath; Written Declarations

Section 11. Such answer shall be signed and sworn to by the trustee, or, in lieu of being sworn to, shall contain his written declaration, subject to the penalty prescribed by section one A of chapter two hundred and sixty-eight, that the answer is made under the penalties of perjury.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 12 - Interrogatories; Answer

Section 12. The plaintiff may from time to time examine the alleged trustee upon written interrogatories filed in the clerk's office. The answers thereto shall be signed, sworn to and filed in said office within seven days after notice to the trustee or his attorney of the filing of the interrogatories, unless the court otherwise orders. If the answers are not so filed, the court may make such order as the case may require.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 13 - Discharge of Trustees

Section 13. If the answer of the alleged trustee shows that at the time of service of the trustee summons upon him he had not in his hands or possession any goods, effects or credits of the defendant, and the plaintiff declines to examine him, or if upon examination his answer appears to be true, he shall be discharged.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 14 - Admissions by Trustees; Interrogatories

Section 14. A person summoned as trustee who admits that he has in his hands any goods, effects or credits of the defendant, or who wishes to submit the question to the court whether he is chargeable upon the facts, may make a written statement, on oath, of such facts as are material. The plaintiff may then examine him, on oath, upon written interrogatories, and the statement, interrogatories and answers shall be filed in the clerk's office.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 15 - Corporations; Appearance and Answer

Section 15. A corporation summoned as trustee may appear and answer by its cashier, treasurer, clerk or such other officer or employee as it shall appoint or as the court shall require to attend for that purpose, and his answer and examination, on oath, shall be received as the answer and examination of the corporation.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 16 - Truth of Answer

Section 16. The answer and statements of a trustee, on oath, shall be considered as true in determining how far he is chargeable; but either party may allege and prove any facts material in determining such question and not stated or denied by the trustee.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 19 - False Answers; Penalty

Section 19. If a person summoned as trustee, his executor or administrator, or if an officer, agent or other person who appears and answers for a corporation so summoned, knowingly and wilfully swears falsely in his answer or upon his examination, he shall be liable to the plaintiff in the trustee process, or to his executor or administrator, for the full amount due on the judgment recovered therein, with interest, to be paid out of his own goods and estate.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 20 - Effect of Attachment

Section 20. The goods, effects or credits of the defendant intrusted to, or deposited in the hands or possession of, a person summoned as his trustee shall, except as hereinafter provided, be attached and held to respond to the final judgment, as if they had been attached upon an original writ of attachment; provided, that any moneys of the defendant deposited in any account designated as a payroll account shall not be subject to attachment hereunder. Any defendant who deposits moneys in such payroll account with intent to evade attachment by trustee process shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment in the house of correction for not more than three months, or both. If such a deposit or deposits are made by a corporation, the president and the treasurer and any other officer or agent causing such deposit or deposits to have been made shall be subject to prosecution as defendants under this section, and each of such persons shall be jointly and severally civilly liable to the plaintiff for any loss suffered by the making of such deposit or deposits.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 20a - Attachment of Wages; Proceedings Outside Commonwealth Against Resident Debtors and Employers Prohibited

Section 20A. No person shall send out of this commonwealth by assignment, transfer, or in any other manner, with or without consideration, or institute in a foreign court any action upon a claim against a resident debtor of this commonwealth, with the intent of depriving such resident debtor of the benefit of the exemptions and protection accorded by this commonwealth to wage earners whose wages are in the hands of their employers, so long as such resident debtor and the employer holding such wages intended to be reached by such proceedings are within the jurisdiction of the courts of this commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 22 - Liability as Trustee of Assignee in Insolvency

Section 22. After a dividend on the estate of an insolvent debtor has been declared, it may, unless it is upon a claim for wages which would have been exempt from attachment by trustee process in the hands of the insolvent debtor, be so attached in the hands of the assignee.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 24 - Money, etc., Due but Not Payable; Attachment

Section 24. Money or any other thing due to the defendant absolutely and without any contingency may be so attached before it has become payable, but the trustee shall not be compelled to pay or deliver it before the time appointed by the contract.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 25 - Conveyances Void as to Creditors; Persons Having Property as Trustees

Section 25. A person summoned as trustee having goods, effects or credits of the defendant in his possession by a conveyance or title void as to the creditors of the defendant may be adjudged a trustee, although the defendant could not maintain an action therefor against him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 26 - Mutual Demands Between Trustee and Defendant; Liability of Trustee

Section 26. A trustee may retain or deduct from the goods, effects or credits in his hands all liquidated demands or judgments against the defendant of which, had he not been summoned as trustee, he might have availed himself upon a trial or by the set-off of judgments or executions between himself and the defendant, and he shall be liable for the balance only after all mutual demands, excluding therefrom any claim on either side for unliquidated damages for wrongs or injuries, between himself and the defendant have been adjusted.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 27 - Liability of Trustee Before Knowledge of Service

Section 27. If, after the service of process on the trustee, but before he has knowledge thereof, he makes any payment in good faith or becomes liable to a third person by reason of the goods, effects or credits in his hands, or delivers such goods, effects or credits to the defendant or to any other person who may be entitled thereto, he shall be allowed therefor in the same manner as if the payment or delivery had been made, or as if the liability had been incurred, before the service of process.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 28a - Monies Held by Banks or Similar Institutions; Exemption; Limitations

Section 28A. Twenty-five hundred dollars of any natural person in an account in a trust company, savings bank, cooperative bank, credit union, national banking association or other banking institution doing business in the commonwealth shall be exempt from attachment by trustee process. A trustee summons served on any such institution shall describe the exemption with reference to this section. Upon service of a trustee summons, the trustee shall answer as subject to attachment only so much money of the defendant that exceeds $2,500.
No business, trust or organization shall be entitled to the exemption in this section and no natural person shall be entitled to more than a $2,500 exemption at any one time. In any action, the plaintiff may apply to the court for further attachments upon proof by certified records of a trustee that the defendant has received an exemption not authorized under this section or that the $2,500 exemption of the defendant has been in whole or in part exhausted or exceeded.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 29 - Offer of Judgment; Costs

Section 29. If, after wages for personal labor or services have been attached in connection with a civil action, the defendant is defaulted, or if the defendant makes an offer of judgment in accordance with an applicable rule of court and the plaintiff accepts such offer or fails to secure a judgment more favorable than the offer, the plaintiff shall recover no costs except the entry fee and the officer's fee for service of process.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 30 - Attaching Exempt Wages; Penalty

Section 30. Whoever wilfully causes, or aids and abets in causing, wages for personal services exempt from attachment to be attached by trustee process in order to unlawfully hinder or delay their payment to the person to whom they belong shall, on complaint of the person injured thereby or of the guardian or other person having the lawful custody of any such person incompetent to act, be punished by a fine of not more than fifty dollars, to the use of the person injured thereby.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 31 - Bonds; Savings Banks as Trustees

Section 31. If a savings bank is charged as trustee, and the court finds that the answer creates a doubt as to the identity of the defendant, it may require the plaintiff to give bond, with surety approved by the court, conditioned to indemnify such bank from any loss by reason of payment by it pursuant to the court's order.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 33 - Claims by Third Persons

Section 33. If a person claiming, by assignment from the defendant or otherwise, goods, effects or credits in the hands of a supposed trustee enters an appearance, he shall be admitted as a party in order to determine his title to such goods, effects or credits, and may allege and prove any facts which have not been stated or denied by the supposed trustee. Such allegations shall be tried and determined as provided in section seventeen upon depositions or oral testimony as the court orders. If he does not voluntarily enter an appearance, the court may issue an order of notice to him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 34 - Assignments as Security for Debts

Section 34. If it appears that the claimant holds a valid assignment from the principal defendant only as security for a debt, the court shall, at the request of the plaintiff, ascertain and determine the amount due upon such debt at the time of service upon the trustee, and the claimant shall have judgment and execution for the amount so found to be due him and for his costs; and after said judgment and execution have been satisfied, the residue, if any, of the goods, effects or credits in the hands of the trustee shall be subject to the attachment in the trustee process. If judgment by default has been rendered against the trustee and it appears that he has paid over, upon execution issued on the original judgment, any part of the goods, effects or credits in his hands liable to attachment, he shall be liable to the adverse claimant only for the residue in his hands.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 35 - Actions Pending by Defendant Against Trustees; Continuance

Section 35. If, while an action is pending, the defendant is summoned in another action as trustee of the plaintiff, the earlier action may proceed so far as to ascertain by a verdict, award or otherwise the amount due from the defendant, and it shall not be delayed on account of the trustee process, unless the court continues it for judgment until the termination of the trustee process or until the attachment therein is dissolved by the discharge of the trustee, by the satisfaction of the judgment or otherwise. The court may, upon application of the plaintiff in the trustee process, so continue such pending action upon terms.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 36 - Actions Not Continued; Liability of Judgment Debtor as Trustee

Section 36. If the action is not so continued and judgment is rendered against the defendant, he shall not afterward, while liable to an execution thereon, be adjudged a trustee on account of the demand so recovered against him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 37 - Defendant in Pending Action Adjudged Trustee; Proceedings

Section 37. If, before final judgment in such pending action, the defendant therein is adjudged a trustee in the trustee process, and pays thereon the money demanded in the pending action, or any part thereof, such fact shall be stated on the record of the action, and judgment therein shall be rendered for the costs due to the plaintiff and for the part of the debt or damages remaining due and unpaid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 38 - Counterclaim by Defendant in Pending Action; Proceedings

Section 38. If, while an action is pending, the plaintiff is summoned as trustee of the defendant on account of a counterclaim filed therein, such pending action shall be subject to the three preceding sections in the same manner and with the same effect as if it were an action brought upon such counterclaim by the defendant against the plaintiff.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 40 - Second Attachment; Recovery by Defendant

Section 40. If the goods, effects and credits in the hands of a person adjudged a trustee are not demanded of him by force of the execution within thirty days after final judgment, they shall be liable to another attachment, whether made before or after the judgment; or if there has been no such second attachment, they may be recovered by the defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 41 - Liability of Trustee After Thirty Days

Section 41. If no such second attachment of the goods, effects and credits has been made, and no action has been brought therefor by the defendant, and if they have not been paid or delivered to the defendant before they are demanded of the trustee by the officer, the trustee shall be liable to pay and deliver the same, when so demanded, although said thirty days have expired.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 42 - Demand on Absent Trustee; Service

Section 42. If the trustee cannot be found in the commonwealth by the officer to whom the execution is committed for service, a copy of the execution left at his dwelling house or at his last and usual place of abode, with a notice to him, endorsed thereon and signed by the officer, that he is required to pay and deliver, toward satisfying the execution, the goods, effects and credits for which he is liable shall be a sufficient demand for the purposes of the two preceding sections.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 43 - Effect of Judgment Against Trustee

Section 43. The judgment against a trustee shall acquit and discharge him from all demands by the defendant, his executor or administrator, for all goods, effects and credits paid, delivered or accounted for by the trustee by force of such judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 45 - Action to Satisfy Judgment Upon Default of Trustee

Section 45. If a person adjudged a trustee does not, upon demand, pay over to the officer goods, effects or credits sufficient to satisfy the execution and if the execution is not otherwise satisfied, the plaintiff may commence an action in the court in which the judgment was rendered to have the original judgment, or the amount remaining unsatisfied, satisfied from the goods and estate of the trustee or trustees. Such an action may be commenced at any time after thirty days from the date of judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 46 - Default of Trustee; Judgment in Absence of Answer or Examination in Original Action

Section 46. If a trustee duly served with a summons and complaint issued under the previous section fails to appear and answer, he shall be defaulted; and if he did not answer, and was not examined in the original action, judgment shall be rendered against him upon such default for the whole amount remaining unsatisfied on the judgment against the defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 47 - Default of Trustee; Judgment in Case of Answer or Examination in Original Action

Section 47. If a trustee defaulted in an action brought under section forty-five has answered or been examined in the original action, judgment shall be rendered upon the facts stated in such answer or examination for any part remaining in his hands of the goods, effects or credits for which he was chargeable as trustee, or for so much thereof as is necessary to satisfy the amount then remaining due on the original judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 48 - Appearance of Trustee; Proceedings; Judgments

Section 48. In a proceeding brought under section forty-five, if the trustee appears and answers, he may be examined; but if he has been examined in the original action, he shall be examined again only by order of the court. A trustee may prove any matter necessary or proper for his defense; and any judgment rendered against him shall express the amount for which he is chargeable.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 49 - Limitations

Section 49. No action provided under section forty-five shall be brought against a person adjudged a trustee unless he is served within two years after judgment in the original action; or, if the money or other thing is not payable when the judgment is rendered, unless he is served within one year after such money or other thing becomes payable.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 50 - Death of Trustee Before Judgment Satisfied

Section 50. If a person summoned as trustee in his own right dies before the judgment recovered by the plaintiff has been fully satisfied, the goods, effects and credits in his hands at the time of the attachment shall remain bound thereby, and his executor or administrator shall be bound thereby, as if the summons were originally served on him.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 51 - Death of Trustee Before Judgment; Proceedings; Prior Examination of Deceased

Section 51. If a person so summoned dies before judgment in the original action, his executor or administrator may appear voluntarily or may be cited to appear, as in other cases. The further proceedings shall then be conducted in the same manner as if the executor or administrator had been originally summoned as trustee, except that the examination of the deceased, if any has been filed, shall have the same effect as if he were living.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 52 - Default Judgments; Payments

Section 52. If the executor or administrator does not appear, the plaintiff, instead of suggesting the death of the trustee, may take judgment against him by default or otherwise as if he were living, and the executor or administrator shall pay upon the execution the amount which the deceased would have been liable to pay to the defendant, and shall be thereby discharged for the amount so paid. If he does not voluntarily pay the amount in his hands, the plaintiff may proceed against him in the manner provided in section forty-five.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 53 - Death of Trustee After Judgment

Section 53. If a person summoned as trustee dies after judgment in the original action, his executor or administrator may pay upon the execution the amount which the deceased would have been liable to pay were he living, and he shall be discharged from all further demands on account thereof in the manner before mentioned. If he refuses to make such payment, the plaintiff may proceed against him as provided in section forty-five.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 54 - Death Within Thirty Days After Judgment

Section 54. If a person, against whom as trustee execution has been issued, is not living at the expiration of thirty days after final judgment in the trustee process, a demand, for the purpose of holding the attachment, may be made upon the executor or administrator of such deceased person within thirty days after his appointment, and shall have the same effect as if made within thirty days after the judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 55 - Service of Execution

Section 55. If an executor or administrator as such is adjudged a trustee, the execution shall not be served on his own goods or estate nor on his person, and he shall be liable for the amount in his hands only in like manner and to the same extent as he would have been liable to the defendant if there had been no trustee process.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 56 - Failure of Executor or Administrator to Pay Amount Charged; Remedies

Section 56. If, after final judgment against an executor or administrator for a sum certain due from him as trustee, he fails to pay the same, the original plaintiff in the trustee process shall have the same remedy for recovering the amount, either upon a suggestion of waste or by an action on the administration bond, as the defendant in the trustee process would have had upon a judgment recovered by himself for the same demand against the executor or administrator.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 57 - Proceedings if Trustee Is Charged for Specific Property

Section 57. If a person is charged as trustee by reason of personal property other than money, which he holds or is bound to deliver to the defendant, he shall deliver it, or so much thereof as may be necessary, to the officer holding the execution, who shall sell the property and apply and account for the proceeds in the same manner as if the property had been taken on execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 58 - Determination of Value of Property Delivered

Section 58. The value of any property so delivered shall be ascertained and fixed, as between the trustee and defendant, in like manner and upon the same principles as if delivered to the defendant. Upon application of either party, the court may, pending the original action or civil action under section forty-five, determine the value, and make any other order relative to such property and to the delivery thereof necessary or proper to protect the rights of the trustee or of the defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 59 - Delivery of Specific Property According to Contract

Section 59. If a person summoned as trustee is bound by contract to deliver specific property to the defendant at a certain time and place within the commonwealth, he shall not be required by reason of the trustee process to deliver it at any other time or place; and he may, notwithstanding such process, tender or deliver it to the person entitled thereto under the contract at the time and place therein mentioned, unless he has been previously adjudged a trustee on account thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 60 - Property Held by Trustee as Security; Tender by Attaching Creditor

Section 60. If the court finds that property in the hands of a person summoned as trustee is mortgaged, pledged or in any way liable for the payment of a debt to the person so summoned, it may allow the attaching creditor to pay or tender the amount due to the trustee, who shall thereupon deliver the property, in the manner before provided, to the officer holding the execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 61 - Property Held for Other Than Security Purposes

Section 61. If the court finds that the property is held for any purpose other than to secure the payment of money and that the contract, condition or other thing to be performed is such that it can be performed by the attaching creditor without damage to the other parties, it may make an order for the performance thereof by him. Upon such performance, or upon a tender, the trustee shall deliver the property, in the manner before provided, to the officer holding the execution.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 62 - Property Received by Officer; Disposal; Proceeds

Section 62. Property received by an officer under either of the two preceding sections shall be sold and disposed of as if it had been taken on execution, except that from the proceeds of the sale the officer shall repay to the attaching creditor the amount paid by him to the trustee for the redemption of the property, with interest thereon, or shall indemnify the creditor for any other act or thing by him done or performed pursuant to the order of the court for the redemption of the property.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 63 - Sale by Trustee of Property Held for Security

Section 63. The preceding sections shall not prevent the trustee from selling the property in his hands for payment of the claim for which it is mortgaged, pledged or otherwise liable at any time before the amount due him is paid or tendered as provided in section sixty or sixty-one, if such sale would be valid as between him and the defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 64 - Failure of Trustee to Deliver Property

Section 64. If a trustee refuses or neglects to deliver any property in his hands when lawfully required by the officer serving the execution, he shall, after deducting the amount of any lien he has on such property, be liable to the plaintiff in a proceeding under section forty-five.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 65 - Common Carriers as Trustees; Liability for Nondelivery

Section 65. When a common carrier, summoned as trustee in a civil action, has in his or its possession goods shipped by or consigned to a defendant in such action, such carrier, in the absence of collusion or fraud on his or its part, shall not, except as otherwise provided in chapter one hundred and eight, be held liable to the owner or consignee by reason of his or its failure to transport and to deliver said goods, until the attachment is dissolved or the carrier is discharged as trustee.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 66 - Bonds; Persons Entitled to File

Section 66. A person having an interest by assignment or otherwise in money or credits attached by the trustee process in an action against another may, at any time before final judgment, dissolve such attachment or a part thereof by giving bond, in a sum not exceeding the damages demanded, with sufficient sureties to be approved in writing by the plaintiff or his attorney, by a master in chancery or by a justice of a court, if the attachment is made within the jurisdiction thereof, conditioned to pay to the plaintiff, within thirty days after final judgment or after a special judgment entered under section twenty-five of chapter two hundred and thirty-five, the amount for which the trustee may be charged, not exceeding the value of the property in his hands, or so much thereof as will satisfy the amount which may be recovered by the plaintiff. If there are several trustees, such bonds may be made to apply to one or more. The provisions of sections one hundred and twenty-five and one hundred and twenty-six of chapter two hundred and twenty-three, relative to notice, hearing, fees and the filing of the bond, shall apply to bonds given under this section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 67 - Delivery of Property by Trustee; Limitation of Action on Bond

Section 67. After the filing of such bond, the trustee may deliver to the person by whom or in whose behalf as principal the bond was given the money or other thing in his hands, or that part thereof to which the bond applies, and shall not after such delivery be liable to the plaintiff therefor, nor shall any execution therefor issue against him. No action on such bond shall be commenced after the expiration of six years from the date thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 68 - Allowable to Trustee

Section 68. A person summoned as a trustee in the supreme judicial or superior court, who appears and answers pursuant to this chapter, shall be allowed his costs for travel and term fees, and such further amount for counsel fees and other necessary expenses as the court may allow; if summoned in a district court, he shall be allowed the costs fixed by section twenty-six of chapter two hundred and sixty-one. If there has been a trial between the plaintiff and the alleged trustee upon an issue of fact, the court may award costs to either party.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 69 - Payable Out of Effects

Section 69. If a person is adjudged a trustee, his costs and charges shall be deducted from the goods, effects and credits in his hands, and he shall be chargeable for the balance only to be paid on the execution. If such goods, effects and credits are not of sufficient value to discharge the costs taxed in his favor, he shall have judgment and execution against the plaintiff for the balance of such costs, after deducting the amount disclosed, in the same manner as if he had been discharged.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 71 - Persons Absent From Commonwealth

Section 71. If a person so summoned is out of the commonwealth at the time of service of process upon him and appears and answers within ten days of his return, he shall be allowed his costs and charges.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 72 - Persons Out of County

Section 72. If a person so summoned does not dwell or have a usual place of business in the county where the action is brought, he shall, if he appears at any time in the original action or in a proceeding under section forty-five, be allowed his costs and charges, which shall be retained or recovered as before provided.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 73 - Trustees Neglecting to Appear; Liability for Costs

Section 73. A person so summoned, who dwells or has a usual place of business in the county where the action is brought and who neglects, without sufficient reason, to appear and answer within the time provided, shall be liable, if the plaintiff recovers judgment and does not otherwise receive his costs, for all costs for the plaintiff's travel and term fees until he appears.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 74 - Recovery of Costs

Section 74. If a person so summoned does not pay the costs when demanded by the officer serving the execution, the officer shall state the fact in his return, and if it also appears by the return that the costs have not been paid, the court shall award a new execution against him for the costs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 75 - Several Trustees; Liability for Costs

Section 75. If several persons are summoned as trustees who are liable for costs under any provision of the two preceding sections, the second execution shall be awarded against them jointly; and if any one pays more than his proportion, the others shall contribute equally to indemnify him for the excess.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 76 - Actions Against Trustees

Section 76. If, while an action by the trustee process is pending, the original defendant therein or any other person brings an action against the alleged trustee to recover the goods, effects or credits or any part thereof in his hands or possession, costs in the later action shall be in the discretion of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 77 - Action Against Defaulting Trustee; Liability for Costs

Section 77. If a person summoned as trustee, who dwells or has a usual place of business in the county where the action is brought, is defaulted in the original action, and if a proceeding under section forty-five is brought against him, he shall be liable out of his own goods and estates for all costs in such proceeding, although he is not adjudged a trustee, except as provided in the following sections.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 78 - Action Against Defaulting Trustee; Costs, Nonliability, Recovery Precluded

Section 78. He shall not be liable for costs under section seventy-seven, nor shall he be entitled to recover costs, if the court finds that he had goods, effects or credits in his hands liable to attachment, and has paid and delivered, on the execution issued on the original judgment, the full amount thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 79 - Action Against Defaulting Trustee; Costs, Nonliability, Recovery

Section 79. He shall not be liable for costs under section seventy-seven if he was prevented from appearing in the original action by his absence from the commonwealth or by any other sufficient cause, but the court may allow him his costs as if he had appeared in the original action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 80 - Action Against Defaulting Trustee; Execution Against Trustee for Costs

Section 80. If a person summoned as trustee is held liable to pay from his own estate the costs as before provided, and if he is at the same time liable for the plaintiff's costs in the original action, one execution shall be issued against him for both amounts.