reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 3: REDEMPTION OF LEVIES BY APPRAISEMENT › 14 §2105. Costs regulated; redemption of life estates

§2105. Costs regulated; redemption of life estates
Costs may be awarded to either party, except not against the creditor, unless he has, on request, unreasonably refused to render an account of rents and profits and of expenses for improvements and repairs, or to execute a deed of release as required in this chapter. When he has tendered such deed to the debtor before his action was commenced by the debtor, and in his answer relies upon it, and brings the deed into court for the debtor, he shall recover his costs. This section is applicable to the redemption of an estate for life, levied on by taking the rents and profits.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 4: LEVIES ON EQUITIES OF REDEMPTION › 14 §2151. Levy on mortgaged lands; deduction of amount due; remedy for errors

§2151. Levy on mortgaged lands; deduction of amount due; remedy for errors
Levies may be made on lands mortgaged as on lands not mortgaged, and the amount due on the mortgage may be deducted by the appraisers from their estimated value, and stated in their return. If the full amount due was not deducted, or if the levy was made in the usual form, and it is ascertained that there was a mortgage on the premises, not including other real estate, and not known to the creditor at the time of the levy, it shall nevertheless be valid, and the creditor may recover of the debtor the amount which should have been and was not deducted, or the amount due on such mortgage.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 4: LEVIES ON EQUITIES OF REDEMPTION › 14 §2152. Redemption; recovery by nonredeeming debtors

§2152. Redemption; recovery by nonredeeming debtors
Levies made as provided in section 2151 may be redeemed within one year, as in other cases. When the debtor pays on the mortgage after the levy, and does not redeem, he may recover of the creditor the amount so paid, in a civil action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2201. Sale of real estate rights and interests

§2201. Sale of real estate rights and interests
Real estate attachable and all rights and interests therein, including the right to cut timber and grass, as described in chapter 507, subchapter III, rights of redeeming real estate mortgaged, rights to a conveyance of it by bond or contract, interests by virtue of possession and improvement of lands as described in chapters 723 and 725 and estates for a term of years, may be taken on execution and sold, and the officer shall account to the debtor for any surplus proceeds of the sale, to be appropriated as provided in section 5001. Such seizure and sale pass to the purchaser all the right, title and interest that the execution debtor has in such real estate at the time of such seizure, or had at the time of the attachment thereof on the original writ, subject to the debtor's right of redemption. This section does not repeal any other modes of levy of execution provided in this chapter.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2202. Notice of sale

§2202. Notice of sale
The officer in such case shall give written notice of the time and place of sale to the debtor in person or by leaving the same at his last and usual place of abode, if known to be an inhabitant of the State, and cause it to be posted in a public place in the town where the land lies and in 2 adjoining towns, if so many adjoin; and if the land is situated in 2 or more towns, then in each of those towns and in 2 towns adjoining each of them; and if the land is in 2 or more counties and is contiguous, an officer in either county may take or seize on execution all the right of the debtor in such land, give, post and cause the notices to be published as required, and sell the whole right. When the land is not within any town, the notice shall be posted in 2 public places of the shire town of the county in which the land lies, instead of the posting aforesaid. When the debtor is not a resident of such county, the personal notice may be forwarded to him by mail, postage paid; all to be done 30 days before the day of sale. The notice shall be published for 3 weeks successively before the day of sale in a newspaper of general circulation in such county.   [PL 1987, c. 667, §9 (AMD).]
SECTION HISTORY
PL 1987, c. 667, §9 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2203. Mortgagee to disclose amount due

§2203. Mortgagee to disclose amount due
When a right of redemption has been attached and judgment recovered, and a sale of it is to be made, the creditor may demand of the mortgagee to disclose, in writing under his hand, the condition of the mortgage and the sum due thereon, which shall be furnished within 24 hours, and in case of neglect he shall be liable for damages.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2204. No disclosure; compulsion by deposition

§2204. No disclosure; compulsion by deposition
If the disclosure mentioned in section 2203 is not furnished within that time, the creditor may apply to any notary public authorized to take depositions, in the county where the land lies or where the mortgagee resides, who shall take his deposition in relation to the facts required to be disclosed, and may exercise the power to compel attendance and disclosure which is authorized for taking a deposition in perpetuam.   [PL 1987, c. 736, §14 (AMD).]
SECTION HISTORY
PL 1987, c. 736, §14 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2205. Sale at auction and deed; debtor's interest

§2205. Sale at auction and deed; debtor's interest
The officer shall sell such right or interest at public auction to the highest bidder, and execute and deliver to the purchaser a sufficient deed thereof which, being recorded in the registry of deeds of the county or district where the land lies within 3 months after the sale, conveys to him all the title of the debtor in the premises. When such bidder on demand of the officer does not pay him the sum for which it was sold, he shall immediately sell it again as before, and if it does not sell for so much as at the first sale, the person to whom it was struck off at the first sale shall be accountable for the difference to the officer, who may recover it, to be indorsed on the execution, if not satisfied, and if satisfied paid to the debtor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2206. Adjournment of sale by officer; completion by another

§2206. Adjournment of sale by officer; completion by another
When the officer deems it for the interest of all concerned to postpone the sale, he may adjourn it for any time not exceeding 7 days, and so from time to time until a sale is made, giving notice at the time of each adjournment by public proclamation. When he is unable to attend at the time and place of sale, another officer may adjourn it not exceeding 10 days, and if such inability is not then removed, may sell and make his return as the first officer might.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2207. Seizure considered made; proceedings after return day valid.

§2207. Seizure considered made; proceedings after return day valid.
The seizure on execution is considered made on the day when notice of the sale is given, and if the sale is not completed within 60 days after judgment it holds the right or interest seized within that time. The subsequent proceedings and return are valid, if made after the return day of the execution or after removal or disability of the officer.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2208. Titles of banks and corporations, as mortgagees, sold

§2208. Titles of banks and corporations, as mortgagees, sold
The titles of banks or corporations, as mortgagees of land, may be taken on execution and sold as real estate and interests therein are taken and sold. The officer may by deed convey the same, and a debt secured by such mortgage and remaining unpaid will pass with the mortgagee's title to the purchaser, who may recover the premises or debt in his own name. In such action, a copy of the mortgage, attested by the register of deeds, is prima facie evidence of such deed, and of the contracts secured by it, as remaining due at the time of trial. The cashier of the bank or clerk of the corporation, on reasonable request of the officer, shall furnish him with a certified copy of such contract and of all payments made thereon.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 5: LEVY BY SALE › 14 §2209. Transfer after notice of seizure invalid

§2209. Transfer after notice of seizure invalid
No transfer of such mortgage or of the debt secured thereby, made by such corporation after notice of the seizure thereof on execution has been filed in the registry of deeds of the county or district where the land lies, or given to the party to be affected thereby, has any validity against the purchaser at such sale.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 6: REDEMPTION OF REAL ESTATE; RIGHTS AND INTEREST › 14 §2251. Redemption of rights and interest

§2251. Redemption of rights and interest
Real estate, and rights and interests therein, and mortgages and debts so sold, may be redeemed within one year, as land levied on by appraisement may be. The rights and remedies of the parties are the same for this purpose, as those of mortgagor and mortgagee.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 6: REDEMPTION OF REAL ESTATE; RIGHTS AND INTEREST › 14 §2252. Attachment and sale of rights to redeem

§2252. Attachment and sale of rights to redeem
The right of a debtor to redeem from a sale or from a levy by appraisement may be attached and sold on execution, as an equity of redemption may be, and the parties have the same rights and remedies. Attachments of such estate or equity of redemption, made before such levy or sale, are effectual on such right of redeeming, in the order in which they were made, in preference to attachments made subsequent to such levy or sale.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 6: REDEMPTION OF REAL ESTATE; RIGHTS AND INTEREST › 14 §2253. Redemption of property by creditor seizing right; repayment from proceeds of sale

§2253. Redemption of property by creditor seizing right; repayment from proceeds of sale
When a creditor has seized on execution a right that would expire within 60 days, to redeem from a mortgage, sale or levy on execution, he may pay or tender to the person entitled thereto the amount which the debtor would have to pay to redeem the same. The officer selling such right shall first pay from the proceeds of sale the amount so paid by the creditor with interest, unless the debtor has paid it. The residue, if any, shall be applied in satisfaction of the execution.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 7: SALE OF RAILROAD FRANCHISES › 14 §2301. Execution sale of railroad franchises

§2301. Execution sale of railroad franchises
When the franchise of a railroad has been sold on execution as provided in section 4855, the officer may convey the same by deed, which shall be recorded in the registry of deeds of each county or district in which any part of such railroad lies. The debtor has the same right of redemption from such sale as from sales of real estate under section 2201.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 8: REDEMPTION BY OUT-OF-STATE DEFAULTED DEFENDANTS › 14 §2351. Defaulted out-of-state defendant may redeem

§2351. Defaulted out-of-state defendant may redeem
A defendant living out of the State, defaulted in an action without an appearance or other service than a newspaper publication, may, within 6 months after the levy of an execution on his real estate or the sale of a right of redemption, bring an action for relief from the judgment in such action, and instead of the year allowed in other cases, he may redeem from such levy or sale at any time within 3 months after the relief is denied, or after final judgment in the action if the relief is granted. If such judgment is in his favor, the amount thereof shall be allowed towards such redemption, notwithstanding a conveyance of such estate by the creditor; and if it is larger than the amount of the levy or sale, and interest, he shall have an execution for the balance.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 4: PROCEEDING AFTER VERDICT OR JUDGMENT › Chapter 403: TITLE TO REAL ESTATE BY LEVY OF EXECUTION › Subchapter 8: REDEMPTION BY OUT-OF-STATE DEFAULTED DEFENDANTS › 14 §2352. Waste prohibited; remedy

§2352. Waste prohibited; remedy
No strip or waste shall be made on such estate before or during the pendency of proceedings under section 2351. After final judgment in the action, if relief from the judgment is granted, the plaintiff in such action, besides other remedies, may, within said 3 months, without a tender or demand to account, bring his action, for the redemption of such estate.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2601. Actions in which trustee process used

§2601. Actions in which trustee process used
In connection with the commencement of any personal action, except actions only for specific recovery of goods and chattels, for malicious prosecution, for slander by writing or speaking or for assault and battery, trustee process may be used in the Superior Court or in the District Court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2602. Persons not to be adjudged trustees

§2602. Persons not to be adjudged trustees
No person shall be adjudged trustee:
1.  Negotiable instruments.
By reason of any negotiable bill, draft, note or other security drawn, accepted, made or indorsed by him, except in the cases provided in section 2629;
2.  Collections by legal process.
By reason of any money or other thing received or collected by him as an officer, by force of a legal process in favor of the principal defendant in the trustee process, although it has been previously demanded of him by the defendant;
3.  Money held by officer, accountable to defendant.
By reason of any money in his hands as a public officer for which he is accountable to the principal defendant;
4.  Debts due defendant.
By reason of any money or other thing due from him to the principal defendant unless, at the time of the service of the summons upon him, it is due absolutely and not on any contingency;
5.  Debt due on a judgment.
By reason of any debt due from him on a judgment while he is liable to an execution thereon;
6.  Wages.
By reason of any amount due from him to the principal defendant as wages for his personal labor or that of his wife or minor children. Moreover, wages of minor children and of women are not, in any case, subject to trustee process on account of any debt of parent or husband.
[PL 1971, c. 408, §2 (AMD).]
7.  Debt paid.
Where service was made on him by leaving a copy or a summons and before actual notice of such service or reasonable ground of belief that it was made, he paid the debt due to the principal defendant or gave his negotiable security therefor;
8.  Board furnished Legislator.
By reason of any amount due for board furnished a member of the Legislature while in attendance thereon;
9.  Safe deposit box.
By reason of the renting as a national bank, trust company, savings bank, savings and loan association, credit union or safe deposit company of any safe deposit box or on account of the contents thereof; and
[PL 1991, c. 386, §28 (AMD).]
10.  Money deposited.
By reason of any money deposited with him in a broker's trust account under Title 32, section 13178, except to the extent provided in that section.
[PL 1987, c. 395, Pt. A, §42 (AMD).]
SECTION HISTORY
PL 1965, c. 354 (AMD). PL 1967, c. 318 (AMD). PL 1971, c. 408, §2 (AMD). PL 1971, c. 468, §1 (AMD). PL 1987, c. 395, §A42 (AMD). PL 1991, c. 386, §28 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2602-A. Attorneys' liens; allegedly stolen property

§2602-A. Attorneys' liens; allegedly stolen property
In any civil action in which the plaintiff or plaintiffs seek the restoration of or compensation for money or other personal property allegedly taken by theft by the defendant or defendants and in which trustee process is used with regard to such money or other personal property, the claim of the plaintiff or plaintiffs shall have priority over an attorney's lien for services performed or to be performed for the defendant or defendants.   [PL 1975, c. 690 (NEW).]
SECTION HISTORY
PL 1975, c. 690 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2603. Effect of service on trustee; service on partnership

§2603. Effect of service on trustee; service on partnership
Service on the trustee binds all goods, effects or credits of the principal defendant entrusted to and deposited in the trustee's possession, to respond to the final judgment in the action, as when attached by ordinary process if process describing the principal defendant with reasonable certainty is received at a time and in a manner that affords the trustee a reasonable opportunity to act on it. When a partnership is made a trustee on trustee process, service upon one member of the firm is a sufficient attachment of the property of the principal defendant in the possession of the firm, if that service is made at any place of business of the firm or, if that service is made elsewhere, that legal service is afterward made upon the other members of the firm.   [PL 2003, c. 149, §3 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §3 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2604. County where action brought; divorce; financial institution as trustee; counterclaim

§2604. County where action brought; divorce; financial institution as trustee; counterclaim
If all the trustees live in the same county, the action must be brought there; if they reside in different counties, in any county in which one of them resides; and in a trustee process against a corporation, its residence is deemed to be in the county in which it has its established or usual place of business, held its last annual meeting or usually holds its meetings; except that an action in which a railroad corporation is named and alleged as trustee may be brought in any county in which the railroad corporation runs and operates its road; and except that an action in which a financial institution authorized to do business in this State or credit union authorized to do business in this State is named and alleged as trustee may be brought in any county in which the financial institution or credit union maintains a place of business.   [PL 2003, c. 149, §4 (AMD).]
When trustee process is used in connection with the commencement of an action for divorce, the action must be brought in the county in which the court has jurisdiction over the parties named in the action, and the alleged trustee, although residing in another county, may be summoned to appear in the county in which the court has jurisdiction over the parties named in the action and must answer and make disclosure in that county. The court sitting therein shall have full power and authority to award from the funds found to be held by the alleged trustee and belonging to the defendant such sum or sums as it may deem proper as an award for alimony or in lieu thereof.   [PL 2003, c. 149, §4 (AMD).]
When trustee process is used in connection with a counterclaim arising out of the transaction or occurrence that is the subject matter of the opposing party's claim, the alleged trustee may be summoned to appear in the county in which the action is pending, even though that trustee does not reside or maintain a usual place of business in that county.   [PL 2003, c. 149, §4 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §4 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2605. Definitions relating to venue

§2605. Definitions relating to venue
In determining where an action commenced by trustee process shall be brought in the District Court under this chapter the word "county" shall mean "division" and the word "counties" shall mean "divisions."
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2606. Additional trustees

§2606. Additional trustees
After service of the summons and complaint upon the principal defendant, the court, on motion without notice, may for cause shown order an additional attachment on trustee process against the same or an additional trustee, except for wages or salary due the defendant.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2607. When trustees may appear for principal

§2607. When trustees may appear for principal
When the principal is out of the State at the time of service and has no agent therein and does not appear in his own person or by attorney, any one or more of the trustees having goods, effects or credits in their hands, and being adjudged trustees, may appear in his behalf and in his name plead and defend the cause.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2608. Corporation as trustee; answer and disclosure

§2608. Corporation as trustee; answer and disclosure
Except as provided in section 2608-A, all domestic corporations and all foreign or alien companies or corporations established by the laws of any other state or country and having a place of business or doing business within this State may be summoned as trustees, and trustee summonses may be served on them as other process is served on any such companies or corporations. They may answer by attorney or agent and make disclosures, which must be signed and sworn to by an attorney or agent or another person upon whom legal service of the summons may be made. The same proceedings must thereupon be had throughout except necessary changes in form, as in other cases of foreign attachment.   [PL 2003, c. 149, §5 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §5 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2608-A. Service on financial institution as trustee

§2608-A. Service on financial institution as trustee
Service of trustee process on a financial institution authorized to do business in this State or credit union authorized to do business in this State, as defined in Title 9-B, section 131, is effected by one of the following means:   [PL 2003, c. 149, §6 (NEW).]
1.  Designated office.
Personal service by any lawful means upon the office designated by the financial institution or credit union for service of trustee process in a registry maintained for this purpose by the Secretary of State; or
[PL 2003, c. 149, §6 (NEW).]
2.  Acceptance by designated officer or employee.
Acceptance of service in writing by an officer or employee of the financial institution or credit union expressly authorized to accept service of trustee process.
[PL 2003, c. 149, §6 (NEW).]
SECTION HISTORY
PL 2003, c. 149, §6 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2609. Taxes due corporation from defendant exempt

§2609. Taxes due corporation from defendant exempt
Any corporation summoned as trustee of a defendant may set off and deduct from any amount found due the defendant from the trustee and attached by trustee process the amount due from the defendant to the trustee for taxes.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2610. Nonresident adjudged trustee

§2610. Nonresident adjudged trustee
A person summoned as trustee may be adjudged trustee by the court although he was not then and never had been an inhabitant of the State. The action may be brought in the county in which either the plaintiff or principal defendant resides.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2611. Discharge of trustees; effect on principal

§2611. Discharge of trustees; effect on principal
If all the persons summoned as trustees are discharged or the action against them is discontinued, the plaintiff shall not proceed against the principal defendant unless there was sufficient personal service of the summons on him; but he may assume the defense of the action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2612. Trustee out of county may appear by attorney

§2612. Trustee out of county may appear by attorney
A person summoned as trustee, and not then living in the county where the summons is returnable, need not appear in person in the original action or on motion after judgment; but he may appear by attorney and declare whether he had any goods or effects of the principal in his hands when the summons was served, and thereupon offer to submit himself to examination on oath.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2613. Complaint considered true

§2613. Complaint considered true
If the plaintiff proceeds no further, the complaint shall be considered true.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2614. Trustee not appearing defaulted

§2614. Trustee not appearing defaulted
When a person summoned as trustee neglects to appear and answer to the action, the trustee must be defaulted and adjudged trustee to the extent that such a person holds goods, effects or credits of the principal defendant otherwise available to satisfy the unsatisfied portion of final judgment. Nothing in this section limits the additional remedies available under this chapter for the trustee's failure to disclose, including the assessment of costs under section 2701 or, in a proper case, contempt.   [PL 2003, c. 149, §7 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §7 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2615. Questions of fact for court or jury

§2615. Questions of fact for court or jury
Any question of fact arising upon such additional allegations may, by consent, be decided by the court or submitted to a jury in such manner as the court directs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2616. Disclosure of assignment of principal's claim

§2616. Disclosure of assignment of principal's claim
When it appears by the answers of a trustee that any goods, effects or credits in his hands are claimed by a 3rd person by virtue of an assignment from the principal debtor or in some other way, the court may permit such claimant to appear, if he sees cause. If he does not appear voluntarily, notice may be issued and served on him as the court directs. If he appears, he may be admitted as a party to the action so far as respects his title to the goods, effects or credits in question, and he may allege and prove any facts not stated or denied in the disclosure of the trustee. If he does not appear in person or by attorney, the assignment shall have no effect to defeat plaintiff's attachment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2617. Principal defendant may testify

§2617. Principal defendant may testify
On the trial between the attaching creditor and such claimant, the principal defendant may be examined as a witness for either party if there is no other objection to his competency except his being a party to the original action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2618. Form of judgment against principal and trustee

§2618. Form of judgment against principal and trustee
When the plaintiff recovers judgment against the principal and there is any supposed trustee who has not appeared and been discharged by disclosure or discontinuance of the action against him, the court shall award judgment and execution against the goods, effects and credits in his hands, as well as against the principal, in the usual form.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2619. Executor or administrator liable as trustee; stockholders

§2619. Executor or administrator liable as trustee; stockholders
Any debt or legacy due from an executor or administrator and any goods, effects and credits in his hands, as such, may be attached by trustee process. The amount which a stockholder of a corporation is liable to pay to a judgment creditor thereof may be attached by a creditor of such judgment creditor by trustee process served on such stockholder at any time after the commencement of the judgment creditor's action against him, and before the rendition of judgment therein.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2620. Settling value as between principal and trustee

§2620. Settling value as between principal and trustee
When, by the terms of the contract between the trustee and the principal debtor, any mode of ascertaining the value of the property to be delivered to the officer is pointed out, the officer shall, on application of the trustee, notify the principal debtor previous to the delivery that the value may be thus ascertained so far as it may affect the performance of the contract. In other cases the value of the property, as between the principal and the trustee, shall be estimated and ascertained by the appraisal of 3 disinterested men chosen, one by the trustee, one by the officer and one by the principal if he sees cause; and if he neglects or refuses, by the officer. They shall all be duly sworn to appraise the same and the officer, justice and appraisers shall certify their doings on the execution.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2621. Part of goods taken; delivery of residue

§2621. Part of goods taken; delivery of residue
When a part of such goods and articles is taken on execution, the trustee may deliver the residue to the principal or tender it to him within 30 days after satisfaction of the execution, as he might have delivered the whole.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2622. Disposal of surplus

§2622. Disposal of surplus
Any surplus money remaining in the hands of the officer after satisfying the execution and fees shall be paid to the principal, if within his precinct; if not, to the trustee.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2623. Trustee process after commitment of debtor

§2623. Trustee process after commitment of debtor
When a judgment creditor has caused the debtor to be committed on execution and afterwards discovers goods, effects or credits of the debtor not attachable by ordinary process of law, he may have the benefit of the trustee process like any other creditor if, within 7 days after service of the process, he discharges the debtor from prison by a written direction to the jailer stating the reason therefor, but such discharge shall not annul or affect the judgment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2624. Defendant summoned as trustee of plaintiff

§2624. Defendant summoned as trustee of plaintiff
When an action is brought for the recovery of a demand and the defendant is summoned as a trustee of the plaintiff, the action shall be continued to await the disclosure of the trustee unless the court otherwise orders, and if the defendant is adjudged trustee, the disclosure and the proceedings thereon may be given in evidence on the trial of the action between the trustee and his creditor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2625. Defendant in pending action summoned as trustee of plaintiff

§2625. Defendant in pending action summoned as trustee of plaintiff
If, during the pendency of an action, the defendant is summoned as trustee of the plaintiff, the first action may nevertheless proceed so far as to ascertain by a verdict or otherwise, what sum, if any, is due from the defendant; but the court may, on motion of the plaintiff in the trustee action, continue it for judgment until the termination of the trustee action, or until the attachment therein is dissolved by the discharge of the trustee or satisfaction of the judgment otherwise.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2626. Defendant not judged trustee after judgment in first action

§2626. Defendant not judged trustee after judgment in first action
If the first action is not continued and judgment is rendered therein, the defendant shall not afterwards be adjudged a trustee on account of the demand thus recovered against him while he is liable to an execution thereon.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2627. Before final judgment, defendant judged trustee in other action

§2627. Before final judgment, defendant judged trustee in other action
If, before final judgment is rendered in the first action, the defendant in that action is adjudged trustee in the other and pays thereon the money demanded in the first action or any part of it, the fact shall be stated on the record of the first action and judgment therein shall be rendered for the costs due to the plaintiff and for such part of the debt or damages, if any, as remains due and unpaid.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2628. Money or thing trusteed before it is payable

§2628. Money or thing trusteed before it is payable
Any money or other thing due absolutely to the principal defendant may be attached before it has become payable, but the trustee is not required to pay or deliver it before the time appointed therefor by the contract.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2629. Goods fraudulently conveyed, trusteed

§2629. Goods fraudulently conveyed, trusteed
If an alleged trustee has in his possession goods, effects or credits of the principal defendant which he holds under a conveyance fraudulent and void as to the defendant's creditors, he may be adjudged a trustee on account thereof, although the principal defendant could not have maintained an action therefor against him.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2630. Retention of pay due trustee; unliquidated damages excepted

§2630. Retention of pay due trustee; unliquidated damages excepted
Every trustee may retain or deduct out of the goods, effects and credits in his hands all his demands against the principal defendant, of which he could have availed himself if he had not been summoned as trustee, by way of counterclaim on trial or by a setoff of judgments or executions between himself and the principal defendant, except unliquidated damages for wrongs and injuries. He is liable for the balance only, after their mutual demands are adjusted.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2631. Amount chargeable to trustee

§2631. Amount chargeable to trustee
When a person is adjudged trustee on disclosure in the original action, the amount for which he is chargeable shall be fixed by the court, subject to appeal, and be conclusive in proceedings after judgment unless, for cause shown, an additional disclosure is allowed. On default, the amount need not be expressed in the judgment. In all proceedings after judgment, if he is adjudged trustee, the amount for which he is chargeable shall be set forth.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2632. Discharge no bar to principal's claim

§2632. Discharge no bar to principal's claim
If an alleged trustee is discharged, the judgment shall be no bar to an action brought by the principal defendant against him for the same demand.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2701. Liability of trustee for failure to disclose

§2701. Liability of trustee for failure to disclose
If a person resident in the county in which the action is commenced is summoned and neglects to serve a disclosure under oath submitting to examination within the time required therefor, without reasonable excuse, he is liable for all costs afterwards arising in the action, to be paid out of his own goods or estate if judgment is rendered for the plaintiff, unless paid out of the goods or effects in his hands belonging to the principal.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2702. False disclosure

§2702. False disclosure
Whoever, summoned as trustee, upon his examination willfully and knowingly answers falsely, shall be deemed guilty of perjury, and shall pay to the plaintiff in the action so much of the judgment recovered against the principal defendant as remains unsatisfied, with interest and costs, to be recovered in a civil action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2703. Commissioner to take disclosure

§2703. Commissioner to take disclosure
The court in which the action is pending may appoint a commissioner to take the trustee's examination and disclosure when any reasonable cause appears and may prescribe the notice to be given to the plaintiff of the time and place thereof. Upon return of such service, the examination and disclosure shall be taken and sworn to before the commissioner, and being certified by him and returned to court, the same proceedings may be had thereon as if it had been in court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2704. Trustee leaving State discloses before notary

§2704. Trustee leaving State discloses before notary
When a person summoned as trustee is about to depart from the State or go on a voyage and not return before his disclosure under oath is required to be served, he may apply to a notary public of the county where he resides for a notice to the plaintiff to appear before the notary at a place and time appointed for taking his disclosure. On service made and returned according to the order of the notary, the examination and disclosure shall be taken and sworn to before him; and being certified and returned to the court, the same proceedings may be had thereon as if it had been in court.   [PL 1981, c. 456, Pt. A, §52 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A52 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2705. Trustee may disclose by consent

§2705. Trustee may disclose by consent
The examination and disclosure of any person summoned as trustee may be taken, as provided in section 2704, when the plaintiff and trustee consent thereto.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2706. Disclosure sworn to

§2706. Disclosure sworn to
The disclosure, when completed and subscribed by the trustee, shall be sworn to by him in open court or before a notary public.   [PL 1981, c. 456, Pt. A, §53 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A53 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2707. Examination of trustee

§2707. Examination of trustee
If the plaintiff thinks proper to examine the supposed trustee on oath, the answers may be taken in the county in which the trustee resides before a Justice of the Superior Court or a notary public.   [PL 1981, c. 456, Pt. A, §53 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A53 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2708. Disclosure under oath

§2708. Disclosure under oath
When a trustee has submitted himself to examination on oath in court, his disclosure may be sworn to before a justice of the court or a notary public, and being filed in court, shall have the same effect as if sworn to in open court.   [PL 1981, c. 456, Pt. A, §53 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A53 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 2: EXAMINATION AND DISCLOSURE › 14 §2709. Trustee may submit statement of facts

§2709. Trustee may submit statement of facts
If a person summoned admits that he has in his hands goods, effects or credits of the principal or wishes to refer that question to the court upon the facts, he may make a declaration of such facts as he deems material and submit himself thereupon to a further examination on oath. Such declaration and further examination, if any, shall be sworn to as before provided for in this chapter.