reglab/statecodes huggingface dataset:
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 §2710. Disclosure deemed true

§2710. Disclosure deemed true
The answers and statements sworn to by a trustee shall be deemed true in deciding how far he is chargeable until the contrary is proved, but the plaintiff, defendant and trustee may allege and prove any facts material in deciding that question.
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 §2711. Time extended for trustee to disclose

§2711. Time extended for trustee to disclose
The plaintiff and supposed trustee may by agreement entered on the docket extend the time within which the supposed trustee may make disclosure, preserving all the advantages that he would have on appearing and disclosing within the time required.
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 §2712. Disclosure of property mortgaged to trustee

§2712. Disclosure of property mortgaged to trustee
When a trustee states in his disclosure that he had, at the time when the process was served on him, in his possession property not exempted by law from attachment, mortgaged, pledged or delivered to him by the principal defendant to secure the payment of money due to him and that the principal defendant has an existing right to redeem it by payment thereof, the court before which the action is pending shall order that on payment or tender of such money by the plaintiff to said trustee within such time as the court orders and while the right of redemption exists, he shall deliver the property to the officer serving the process, to be held and disposed of as if it had been attached on mesne process; and in default thereof, that he shall be charged as the trustee of the principal debtor. This order shall be entered on the records of the 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 §2713. Excess determined by court or jury

§2713. Excess determined by court or jury
If it appears that the plaintiff has complied with the order of the court and that the trustee has refused or neglected to comply therewith, the court shall enter up judgment against him for the amount due and returned unsatisfied on the execution if there appears to be in his hands such an amount of the property mortgaged over and above the sum due him; but if not, then for the amount of said property exceeding that sum, if any. The amount of this excess shall be determined by the court or jury.
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 §2714. On disclosure trustee delivers property to officer

§2714. On disclosure trustee delivers property to officer
If, by the disclosure, it appears that the property in the hands of the supposed trustee was mortgaged, pledged or subject to a lien to indemnify him against any liability or to secure the performance of any contract or condition and that the principal defendant has an existing right to redeem it, the court may order that, upon the discharge of such liability or the performance of such contract or condition by the plaintiff, within such time as the court orders and while the right of redeeming exists, such trustee shall deliver the property to the officer, to be by him held and disposed of as if it had been attached.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 3: INTEREST SUBJECT TO REDEMPTION › 14 §2751. Demands assigned as security trusteed and redeemed

§2751. Demands assigned as security trusteed and redeemed
When it appears that a person summoned as trustee is indebted to the principal defendant on any demand on which he might be held as trustee, but that it has been conditionally assigned as security and the principal defendant has a subsisting right to redeem it, the court may order that on fulfillment of such conditions by the plaintiff within the time fixed by the court and while the right to redeem exists, the trustee shall be held for the full amount of such demand. When the court is satisfied that its order has been complied with, it may charge the trustee accordingly.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 3: INTEREST SUBJECT TO REDEMPTION › 14 §2752. Plaintiff's rights in case of redemption

§2752. Plaintiff's rights in case of redemption
The officer making demand on the trustee upon the execution shall first deduct from the amount received by him the sum paid by the plaintiff to redeem, if any, with interest and shall apply the balance on the execution. If the demand has been redeemed otherwise than by the payment of money, the plaintiff shall be subrogated for the holder thereof and have the same rights and remedies against the principal defendant, and may enforce them, at his own expense, in the name of such holder or 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 4: SALE ON EXECUTION › 14 §2801. Trustee's articles delivered to officer for sale

§2801. Trustee's articles delivered to officer for sale
When a person summoned as trustee is bound to deliver to the principal defendant any specific articles, he shall deliver them or so much thereof as may be necessary, to the officer holding the execution. They shall be sold by the officer and the proceeds applied and accounted for as if they had been taken on execution in common 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 4: SALE ON EXECUTION › 14 §2802. Remedy where trustee refuses to deliver

§2802. Remedy where trustee refuses to deliver
If the trustee neglects or refuses to deliver them, or sufficient to satisfy the execution, the judgment creditor has his remedy on motion as provided in sections 2951 to 2955 and section 3001; and the debtor has his remedy for an overplus belonging to him as at common law.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 4: SALE ON EXECUTION › 14 §2803. Disposal of proceeds

§2803. Disposal of proceeds
The officer, having sold on execution any personal property delivered to him by virtue of this chapter, after deducting the fees and charges of sale, shall pay to the plaintiff the sum by him paid or tendered to the trustee or applied in the performance of such contract or condition or discharge of such liability and the interest from the time of such payment, tender or application to the time of sale. So much of the residue as is required therefor, he shall apply in satisfaction of the plaintiff's judgment and pay the balance, if any, to the debtor, first paying the trustee his costs accruing as provided in section 2902.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 4: SALE ON EXECUTION › 14 §2804. Trustee may sell mortgaged property

§2804. Trustee may sell mortgaged property
Nothing contained in this chapter shall prevent the trustee from selling the goods in his hands for the payment of the sum for which they were mortgaged, pledged or otherwise liable, at any time before the amount due to him is paid or tendered, if the sale would have been authorized by the terms of the contract between him and the principal 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 5: DEATH OF TRUSTEE › 14 §2851. Goods held by administrator

§2851. Goods held by administrator
If a person summoned as a trustee in his own right dies before the judgment recovered by the plaintiff is satisfied, the goods, effects and credits in his hands at the time of attachment remain bound thereby, and his executors or administrators are liable therefor as if the summons had been originally served on them.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 5: DEATH OF TRUSTEE › 14 §2852. Before judgment; administrator cited

§2852. Before judgment; administrator cited
If he dies before judgment in the original action, his executor or administrator may appear voluntarily or may be cited to appear as in case of the death of a defendant in an ordinary action. Further proceedings shall then be conducted as if the executor or administrator had been originally summoned as trustee; except that the examination of the deceased, if any had been taken and filed, shall have the same effect as if he were living.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 5: DEATH OF TRUSTEE › 14 §2853. Failure of administrator to appear; judgment rendered

§2853. Failure of administrator to appear; judgment rendered
If in such case the executor or administrator does not appear, the plaintiff, instead of suggesting the death of the deceased, may take judgment against him by default or otherwise, as if he were living. The executor or administrator shall pay, on the execution, the amount which he would have been liable to pay to the principal defendant. He shall be thereby discharged from all demands on the part of the principal defendant in the action for the amount so paid, as if he had himself been adjudged 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 5: DEATH OF TRUSTEE › 14 §2854. Failure of executor or administrator to pay; plaintiff proceeds on motion

§2854. Failure of executor or administrator to pay; plaintiff proceeds on motion
If the executor or administrator in the case last mentioned does not voluntarily pay the amount in his hands, the plaintiff may proceed on motion as if the judgment in the first action had been against him as trustee, but if he is discharged, he may recover costs or not at the discretion of the 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 5: DEATH OF TRUSTEE › 14 §2855. Death of trustee within 30 days after judgment; procedure to preserve attachment

§2855. Death of trustee within 30 days after judgment; procedure to preserve attachment
If any person against whom execution issues as trustee is not living at the expiration of 30 days after final judgment in the action, the demand, to be made by force of the execution for continuing the attachment as provided in section 2956, may be made on his executor or administrator at any time within 30 days after his appointment with the same effect as if made within 30 days after 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 5: DEATH OF TRUSTEE › 14 §2856. Execution where administrator judged trustee

§2856. Execution where administrator judged trustee
When an executor or administrator is adjudged trustee on account of goods, effects or credits in his hands or possession merely as executor or administrator in an action originally commenced against him as a trustee, or against the deceased, the execution shall not be served on his own goods or estate or on his person; but he is liable for the amount in his hands, in like manner and to the same extent only, as he would have been to the principal defendant if there had been no trustee process.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 5: DEATH OF TRUSTEE › 14 §2857. Remedy on bond where executor or administrator fails to pay

§2857. Remedy on bond where executor or administrator fails to pay
If after final judgment against an executor or administrator for any certain sum due from him as trustee he neglects to pay it, the original plaintiff in the foreign attachment has the same remedy for recovering the amount, either upon a suggestion of waste or by an action on the administration bond, as the principal defendant in the foreign attachment would have had upon a judgment recovered by himself for the same demand against the executor or administrator.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2901. Discontinuance of action

§2901. Discontinuance of action
When a trustee action is discontinued or settled by the principal parties to the action, the trustee is entitled to no costs if the plaintiff or the plaintiff's attorney, at least 7 days before the trustee's disclosure under oath is required to be served, notifies the trustee in writing that the action has been discontinued. Upon conclusion of the principal action, when the goods, effects or credits trusteed are not to be used to satisfy a judgment, the plaintiff or the plaintiff's attorney shall notify the trustee in writing within 30 days of the extinguishment of plaintiff's claim to such property.   [PL 2003, c. 149, §8 (AMD).]
If the trustee discloses possession of goods, effects or credits of the principal defendant, or by virtue of default is adjudged trustee, and the trusteed funds are not collected or released within 7 years, they must be presumed abandoned under Title 33, chapter 45 unless the trustee is served with a certificate of the clerk of the appropriate court, between 30 and 90 days prior to such date, evidencing that the principal action is still pending.   [PL 2019, c. 498, §10 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §8 (AMD). PL 2019, c. 498, §10 (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 6: COSTS AND EXPENSES › 14 §2902. Trustee entitled to costs; payment

§2902. Trustee entitled to costs; payment
If any supposed trustee serves within the time required therefor a disclosure under oath declaring that at the time of the service of the trustee process upon him he had no goods, effects or credits of the principal in his possession and submitting himself to an examination, on oath, he is entitled to his costs as in civil actions where issue is joined for trial. If adjudged a trustee, he may deduct his costs 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 sum disclosed, in the same manner as if he had been discharged.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2903. Lien for costs on articles at hand; payment by officer

§2903. Lien for costs on articles at hand; payment by officer
Where any person is adjudged trustee for specific articles in his hands, he has a lien thereon for his costs. The officer who disposes thereof on execution shall pay the trustee the amount due him for costs and deduct it from the amount of sale and account to the creditor for the balance. The amount of such fees shall be indorsed on the execution by the clerk and be evidence of the lien.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2904. Compensation when trustee in another county

§2904. Compensation when trustee in another county
When the trustee, at the time when the summons was served on him, did not live in the county where the summons is returnable, the court shall, in case of his discharge, allow him, in addition to his legal fee, a reasonable compensation for his time and expenses in appearing and defending.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2905. Trustees jointly liable for costs

§2905. Trustees jointly liable for costs
When several trustees, resident in the county where the action is pending, are summoned and neglect to appear, the judgment for costs shall be rendered against them jointly.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2906. Costs when trustees out of county or reside out of State

§2906. Costs when trustees out of county or reside out of State
Persons summoned as trustees, residing out of the county where the action is pending, are not liable for any costs arising on the original process. If the person summoned as trustee is out of the State at the time the summons is served on him and appears within 20 days after his return, he shall be allowed his costs and charges as if he had appeared at the time otherwise required therefor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2907. Action fails, costs for defendant and trustee

§2907. Action fails, costs for defendant and trustee
When the plaintiff does not support his action, the court shall award costs against him in favor of the principal and in favor of the persons summoned as trustees severally who appeared and submitted to examination on oath, and several executions shall issue accordingly.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2908. No costs for trustee unless he appears

§2908. No costs for trustee unless he appears
When a person, summoned as trustee, does not come into court and declare that he had no property or credits of the principal in his hands when the summons was served and submit himself to examination on oath, the court shall not award costs in his favor although the action is voluntarily dismissed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2909. Trustee's liability for costs

§2909. Trustee's liability for costs
If the amount disclosed is as large as the sum recovered in the action, the trustee is liable to no costs after service of the trustee process upon him; otherwise, he is liable to legal costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 1: PROCEDURE BEFORE JUDGMENT › Article 6: COSTS AND EXPENSES › 14 §2910. Trustee's failure to pay costs when liable

§2910. Trustee's failure to pay costs when liable
If the person summoned as trustee and liable for costs as provided in section 2701 does not voluntarily pay them when demanded by the officer serving the execution, the officer shall state the fact in his return thereon. If it appears thereby that the costs have not been paid by anyone, the court shall award execution against such trustee for the amount thereof.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2951. Motion by plaintiff against trustee

§2951. Motion by plaintiff against trustee
When a person adjudged a trustee in the original action does not, on demand of the officer holding the execution, pay over and deliver to him the goods, effects and credits in his hands and the execution is returned unsatisfied, the plaintiff may on motion in the original action require the trustee to show cause why judgment and execution should not be awarded against him and his own goods and estate for the sum remaining due on the judgment against the principal defendant. A trustee who has not appeared shall be given such notice as the court may direct.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2952. Judgment against trustee where no examination

§2952. Judgment against trustee where no examination
After notice of a motion under section 2951 has been served, if the person neglects to appear and answer to the motion, that person must be defaulted and adjudged trustee to the extent that the 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 3102.   [PL 2003, c. 149, §9 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §9 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2953. Judgment when all trustees default

§2953. Judgment when all trustees default
When all the trustees are defaulted in proceedings after judgment, not having been examined in the original action, the court may enter up joint or several judgments, as the case requires, and issue execution in common form.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2954. Default on proceedings after judgment

§2954. Default on proceedings after judgment
If a trustee defaulted on proceedings after judgment was examined in the original action, judgment shall be rendered on the facts stated in his disclosure or proved at the trial, for such part of the goods, effects and credits for which he is chargeable as trustee as remain in his hands, if any, or so much thereof as is then due and unsatisfied on the judgment against the principal defendant. If it appears that such person paid and delivered the whole amount thereof on the execution issued on the original judgment, he is not liable for costs on the proceedings after judgment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2955. Trustee may be examined again though examined in original action

§2955. Trustee may be examined again though examined in original action
If he had been examined in the original action, the court may permit or require him to be examined anew in the proceedings after judgment. He may then prove any matter proper for his defense. The court may enter such judgment as law and justice require, upon the whole matter appearing on such examination and trial.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2956. Goods not demanded in 30 days are liable to other attachment

§2956. Goods not demanded in 30 days are liable to other attachment
When a person is adjudged trustee, if the goods, effects and credits in his hands are not demanded of him by virtue of the execution within 30 days after final judgment, their attachment by the original process is dissolved and they are liable to another attachment as though the prior attachment had not been made; but when the debt due from the trustee to the principal defendant is payable at a future day or specific property is in his hands which he is bound to deliver at a future day, the attachment continues until the expiration of 30 days after such debt is payable in money or the property is demanded of the trustee.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2957. Principal may recover where no 2nd attachment

§2957. Principal may recover where no 2nd attachment
If there is no 2nd attachment, the principal defendant may recover the goods, effects and credits, if not so demanded, as if they had not been attached.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2958. Demand where trustee out of State or lacks dwelling in State

§2958. Demand where trustee out of State or lacks dwelling in State
When the officer holding an execution cannot find the trustee in the State, a copy of the execution may be left at his dwelling house or last and usual place of abode, with notice to the trustee indorsed thereon and signed by the officer, signifying that he is required to pay and deliver, towards satisfying such execution, the goods, effects and credits for which he is liable. When such trustee has no dwelling house or place of abode in the State, such copy and notice may be left at his dwelling house or place of abode without the State or be delivered to him personally by the officer or other person by his direction. Such notice in either case is a sufficient demand for the purposes mentioned in sections 2956 and 2957.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2959. Effect of judgment against trustee

§2959. Effect of judgment against trustee
A judgment against any person as trustee discharges him from all demands by the principal defendant or his executors or administrators for all goods, effects and credits paid, delivered or accounted for by the trustee thereon. If he is afterwards sued for the same by the defendant or his executors or administrators, such judgments and disposal of the goods, effects and credits, being proved, shall be a bar to the action for the amount so paid or delivered by him. Such payment, delivery or accounting for may be made either to the officer holding the execution or to the plaintiff or his attorney of record, and may be proved by the officer's return upon the execution, by indorsement made thereon by the plaintiff or his attorney of record or by any other competent evidence.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 1: GENERAL PROVISIONS › 14 §2960. Trustee process on judgment dismissed; costs

§2960. Trustee process on judgment dismissed; costs
When trustee process is used in connection with an action on a judgment on which execution might legally issue and it appears to the court that, at the time of bringing it, the defendant openly had visible property liable to attachment sufficient to satisfy such judgment, or that it was brought for the purpose of vexation or to accumulate costs, it shall at any time on motion be dismissed, with costs to the defendant.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 2: COSTS AND EXPENSES › 14 §3001. Liability for costs if discharged in proceedings after judgment

§3001. Liability for costs if discharged in proceedings after judgment
If the trustee appears and answers in the proceedings after judgment and was not examined in the original action, he may be examined as he might have been in the original action. If, on such examination, he appears not chargeable, the court shall render judgment against him for costs only, if resident in the county where the original process was returnable; but if not resident in such county, he shall not pay or recover costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 2: COSTS AND EXPENSES › 14 §3002. Trustee exempt from costs in proceedings after judgment

§3002. Trustee exempt from costs in proceedings after judgment
If a person summoned as trustee is prevented from appearing in the original action by absence from the State or any other reason deemed sufficient by the court and a default is entered against him, he is not liable for costs in the proceedings after judgment; but, on his disclosure, the court may allow him his reasonable costs and charges, to be retained or recovered as if he had appeared in the original action.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 2: PROCEDURE AFTER JUDGMENT › Article 3: APPEALS › 14 §3051. On appeal whole case re-examined by law court

§3051. On appeal whole case re-examined by law court
Whenever objections are made to the ruling and decision of a justice as to the liability of a trustee, the whole case may be reexamined and determined by the law court on appeal and remanded for further disclosure or other proceedings, as justice requires.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 3: DISTRICT COURTS › 14 §3101. Form and service of trustee summons

§3101. Form and service of trustee summons
When a trustee process is issued by a District Court, the summons shall be substantially in the form used in the Superior Court, and be served 7 days before the return day in the same manner as in the Superior Court; and shall be brought in the division where either of the supposed trustees resides. If not so brought, it shall be dismissed and the trustees shall recover their costs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 3: DISTRICT COURTS › 14 §3102. Default for nonappearance; costs

§3102. Default for nonappearance; costs
When the person summoned under section 3101 does not appear and answer to the action, that person must be defaulted, adjudged trustee to the extent provided in section 2614 and be liable to costs. If that person appears at the return day and submits to an examination on oath and is discharged, the person must be allowed legal costs. If the person is charged, the person may retain the amount of costs. When the plaintiff dismisses the action against the trustee or the principal, the trustee must be allowed costs.   [PL 2003, c. 149, §10 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §10 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 3: DISTRICT COURTS › 14 §3103. Subsequent proceedings; discharge if judgment less than $5 except counterclaim

§3103. Subsequent proceedings; discharge if judgment less than $5 except counterclaim
All subsequent proceedings in such actions shall be the same as in the Superior Court, varying the forms as circumstances require. When, in a trustee action before such District Court, the debt recovered against the principal is less than $5, the trustee shall be discharged unless the judgment is so reduced by means of a counterclaim filed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 3: DISTRICT COURTS › 14 §3104. Execution where principal or trustee moves

§3104. Execution where principal or trustee moves
If, after a judgment is rendered in such trustee process, the principal defendant or trustee removes from the county in which it was rendered, such court may issue execution against either, directed to the proper officer of any other county where he is supposed to reside.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 501: TRUSTEE PROCESS › Subchapter 3: DISTRICT COURTS › 14 §3105. Discharge of trustee in another county

§3105. Discharge of trustee in another county
When an action is brought against a trustee in a county where he resides but where neither the plaintiff nor defendant resides, and the trustee is discharged or the action is dismissed as to him, the action shall still proceed if there was legal service on the principal defendant, unless it is set forth by motion or answer and established on hearing that the trustee was collusively included in the action for the purpose of giving the court in such county jurisdiction.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3120. Purpose

§3120. Purpose
The purpose of this chapter is to provide an efficient procedure for the enforcement of money judgments. It is not an exclusive procedure and may be utilized with any other available procedure.   [PL 1987, c. 184, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 184, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3121. Definitions

§3121. Definitions
For the purposes of this chapter, unless the context otherwise indicates, the following words shall have the following meanings:   [PL 1971, c. 408, §1 (NEW).]
1.  Earnings.
"Earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commissions, bonuses or otherwise, and includes periodic payments pursuant to a pension or retirement program.
[PL 1971, c. 408, §1 (NEW).]
2.  Disposable earnings.
"Disposable earnings" means that part of the earnings of any judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.
[PL 1971, c. 408, §1 (NEW).]
2-A.  Individual.
"Individual" means only a natural person.
[PL 1987, c. 184, §2 (NEW).]
3.  Judgment creditor.
"Judgment creditor" means any person, corporation, partnership or other entity who or which is the owner of any judgment unsatisfied in whole or in part, and the Department of Human Services when it is collecting child support.
[PL 1995, c. 419, §6 (AMD).]
4.  Judgment debtor.
"Judgment debtor" means any person, corporation, partnership or other entity against whom or which a judgment has been entered and that judgment is unsatisfied in whole or in part.
[PL 1971, c. 408, §1 (NEW).]
5.  Person.
"Person" means an individual, trust, estate, partnership, association, company, corporation, political subdivision or instrumentality of the State.
[PL 1987, c. 184, §2 (NEW).]
6.  Sheriff.
For the purposes of sections 3134 to 3136, "sheriff" means a sheriff, deputy sheriff, police officer, special police officer or constable.
[PL 1987, c. 184, §2 (NEW).]
Whenever a judgment creditor, judgment debtor or a 3rd party is a corporation or other legal entity and is required to perform any act under this chapter, such acts shall be performed by the officers, directors or managing agents of the entity or by the persons controlling the entity, whichever is appropriate. Except where personal appearance or testimony is required in response to a subpoena or civil order of arrest under this chapter, the judgment creditor, judgment debtor or 3rd party may act by or through an attorney.   [PL 1987, c. 184, §3 (AMD).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1987, c. 184, §§2,3 (AMD). PL 1995, c. 419, §6 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3122. Subpoenas

§3122. Subpoenas
1.  Disclosure subpoena.
A judgment creditor, for the purpose of determining the ability of the judgment debtor to satisfy the judgment, may subpoena the judgment debtor by disclosure subpoena to appear before a judge of the District Court. The subpoenas shall be issued in blank by the clerks of the District Court. The subpoena shall set forth the title of the action; the date and place where the judgment debtor is ordered to appear for the disclosure hearing; an order to produce any documents requested by the judgment creditor; a warning that failure to obey the subpoena may result in the arrest of that person or an order to the debtor's employer to withhold a portion of the debtor's wage, or both; and a notification that the debtor is entitled to be heard on issues concerning his ability to pay the judgment and whether his income or assets are exempt from court order.
[PL 1987, c. 184, §5 (NEW).]
2.  Witness subpoena.
Any party may subpoena any witness to any hearing provided for in this chapter in the manner authorized by law.
[PL 1987, c. 184, §5 (NEW).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1973, c. 429 (AMD). PL 1973, c. 477, §§1,2 (AMD). PL 1981, c. 389, §1 (RPR). PL 1987, c. 184, §5 (RPR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3123. Service of disclosure subpoena

§3123. Service of disclosure subpoena
1.  Service on individual.
[PL 1997, c. 21, §1 (RP).]
2.  Service on nonindividual.
[PL 1997, c. 21, §1 (RP).]
3.  Service of disclosure subpoena.
Service of the disclosure subpoena on a judgment debtor must be made by delivering a copy of the subpoena to the judgment debtor by any method by which service of civil summons may be made at least 10 days prior to the disclosure hearing.
[PL 1997, c. 21, §2 (NEW).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1973, c. 477, §3 (AMD). PL 1981, c. 389, §2 (AMD). PL 1987, c. 184, §6 (RPR). PL 1997, c. 21, §§1,2 (AMD). RR 2021, c. 2, Pt. A, §28 (COR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3124. Successive disclosures

§3124. Successive disclosures
A judgment creditor may subpoena the judgment debtor to disclose no more often than once every 6 months, except upon motion for good cause shown.   [PL 1971, c. 408, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3125. Appearance and examination of the debtor

§3125. Appearance and examination of the debtor
1.  Disclosure hearing.
Unless there is an agreement which meets the requirements of subsection 2, the judgment debtor shall appear at the time and place indicated in the subpoena for a hearing to determine his ability to pay the judgment. The debtor shall be placed under oath and shall disclose his income, assets and any other information which will aid the judgment creditor in enforcing the judgment. Unless the debtor fails to appear for the disclosure hearing, testimony of the debtor shall be taken before the court issues any order pursuant to this chapter.
[PL 1987, c. 184, §7 (NEW).]
2.  Agreement.
If the creditor or the debtor, at or prior to the disclosure hearing, presents the court with a written agreement for an order pursuant to section 3126‑A with affidavit signed by the judgment debtor on a form provided by the District Court, the court may enter an order for an installment payment in the amount agreed upon by the parties or a lesser amount without the necessity of appearance by the parties. In determining whether to accept, reject or modify to a lesser amount the agreement of the parties, the court shall apply the factors set forth in section 3126‑A, subsection 4.
[PL 1999, c. 587, §1 (AMD).]
3.  Continuances.
A continuance of the disclosure hearing may be granted for good cause.
[PL 1987, c. 184, §7 (NEW).]
4.  Witnesses.
Either party may subpoena any witness to the disclosure hearing for the purpose of taking testimony as to the ability of the judgment debtor to satisfy the judgment.
[PL 1987, c. 184, §7 (NEW).]
5.  Orders.
In appropriate circumstances, the court may issue any combination of orders allowed by this chapter.
[PL 1987, c. 184, §7 (NEW).]
6.  Termination.
If the court is satisfied that the debtor has no earnings, property or other assets from which he can satisfy the judgment, in whole or in part, the disclosure shall be terminated. Failure of the judgment creditor to appear at the time and date set forth in the subpoena shall result in a termination of the disclosure hearing. Any dismissal or withdrawal of the disclosure subpoena by the judgment creditor after it has been served on the debtor shall be considered a termination of the disclosure hearing. A terminated hearing shall be considered a completed hearing for the purposes of section 3124.
[PL 1987, c. 184, §7 (NEW).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1987, c. 184, §7 (RPR). PL 1987, c. 708, §7 (AMD). PL 1999, c. 587, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3125-A. Debtor subject to loss or suspension of right to operate or register a motor vehicle

§3125-A. Debtor subject to loss or suspension of right to operate or register a motor vehicle
A judgment debtor subject to suspension or loss of the right to operate or register a motor vehicle under Title 29-A, section 2251, subsection 10 may request a disclosure hearing on the issue of how to satisfy the judgment. The court may enter an order for an installment payment agreement in the manner agreed upon by the parties or a modified order in accord with the factors set forth in section 3126-A, subsection 4. If the parties fail to reach an agreement for an order, the judgment debtor may ask the court for the entry of an installment payment agreement in consideration of those factors.   [PL 1999, c. 587, §2 (AMD).]
SECTION HISTORY
PL 1991, c. 699, §1 (NEW). PL 1995, c. 65, §A37 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1999, c. 587, §2 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3126. Fees and costs

§3126. Fees and costs
The disclosure subpoena, return of service and the writ of execution or an attested copy thereof shall be filed with the clerk, together with a filing fee as established by the Supreme Judicial Court pursuant to Title 4, section 175. The fee and actual costs of service shall be added to the judgment, unless the judgment creditor or his attorney fails to appear in accordance with section 3125 or unless the judge orders otherwise. Costs of service incurred by the creditor, in addition to the filing fee and the service of the disclosure subpoena, may be imposed upon the judgment debtor or the 3rd party at the discretion of the court.   [PL 1987, c. 184, §8 (AMD).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1985, c. 506, §B11 (AMD). PL 1987, c. 184, §8 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3127. Installment payments (REPEALED)

§3127. Installment payments
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1983, c. 155, §1 (RPR). PL 1987, c. 184, §9 (AMD). PL 1999, c. 587, §4 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3128. Factors in determining the amount of the installment order (REPEALED)

§3128. Factors in determining the amount of the installment order
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1987, c. 184, §12 (AMD). PL 1999, c. 587, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3129. Modification of orders

§3129. Modification of orders
The court may at any time, on its own motion or on the motion of any party and upon notice and hearing, make an order suspending, revising or revoking any order made pursuant to this chapter upon a showing that the circumstances of any party so require.   [PL 1987, c. 184, §13 (AMD).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1973, c. 477, §4 (AMD). PL 1987, c. 184, §13 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 502: ENFORCEMENT OF MONEY JUDGMENTS › 14 §3130. Provisional installment payment order

§3130. Provisional installment payment order
Pending the sale of any property under section 3131, the court may issue an installment payment order as provided in section 3126-A. Upon the completion of the sale, the judgment creditor must file with the court an affidavit including the items required in an affidavit under section 3126-A and which in addition must state the total amount of installment payments received since such installment payment order was entered, the balance due to the judgment creditor and the number of installments required to retire the balance remaining on such judgment, if any, which number must equal the balance due divided by the dollar amount provided for each installment in such installment payment order.   [PL 1999, c. 587, §7 (AMD).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1973, c. 477, §5 (RPR). PL 1999, c. 587, §7 (AMD).