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2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 121 - Trustee Process › § 3170. Exemptions; issuance of order

§ 3170. Exemptions; issuance of order
(a) No order approving the issuance of trustee process against earnings shall be entered against a judgment debtor who was, within the two-month period preceding the hearing provided in section 3169 of this title, a recipient of assistance from the Vermont Department for Children and Families or the Department of Vermont Health Access. The judgment debtor must establish this exemption at the time of hearing.
(b) The earnings of a judgment debtor shall be exempt as follows:
(1) 75 percent of the debtor’s weekly disposable earnings, or 30 times the federal minimum hourly wage, whichever is greater; or
(2) if the judgment debt arose from a consumer credit transaction, as that term is defined by 15 U.S.C. § 1602 and implementing regulations of the Federal Reserve Board, 85 percent of the debtor’s weekly disposable earnings, or 40 times the federal minimum hourly wage, whichever is greater; or
(3) if the court finds that the weekly expenses reasonably incurred by the debtor for his or her maintenance and that of dependents exceed the amounts exempted by subdivisions (1) and (2) of this subsection, such greater amount of earnings as the court shall order.
(c) After hearing, the court shall enter an appropriate order, which may provide for repetitive withholding from earnings, and which may, upon motion, be modified from time to time. The order shall state that section 3172 of this title prohibits discharge of the employee subject to the order because of the exercise of trustee process against the employee.
(d) Any waiver of the provisions of subsection (b) of this section shall be void. (Added 1979, No. 67, § 2, eff. date, see note set out below; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 18; 2009, No. 156 (Adj. Sess.), § I.17.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 121 - Trustee Process › § 3171. Service of order; liability of trustee

§ 3171. Service of order; liability of trustee
(a) The order shall be served on the trustee at the request of the judgment creditor, and shall state the address of the judgment creditor to which amounts withheld are to be delivered, and the following warnings:
(1) no employee may be discharged from employment on account of trustee process issued against earnings;
(2) failure to withhold and deliver non-exempt earnings as directed herein may make you liable to the judgment creditor for the amounts you fail to withhold and deliver together with any costs, interest, and reasonable attorneys’ fees incurred in their collection.
(b) Any employer who fails to honor the order of the court shall be liable to the judgment creditor in the amounts that employer has failed to withhold and deliver together with any costs, interest, and reasonable attorneys’ fees incurred in their collection. The judgment debtor shall have no additional liability for those costs, interest, or attorneys’ fees.
(c) As soon as reasonably practicable, the trustee shall notify the court and the judgment creditor of termination of the judgment debtor’s employment.
(d) Upon full satisfaction or payment of the debt upon which the judgment is based, the judgment creditor forthwith shall notify the employer of the judgment debtor, in writing, and the employer shall thereafter cease withholding from the earnings of the judgment debtor. (Added 1979, No. 67, § 2, eff. date, see note set out below.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 121 - Trustee Process › § 3172. Employee protected

§ 3172. Employee protected
No employee may be discharged from employment on account of trustee process issued to an employer against earnings. Discharge of an employee from employment within 60 days of service of a trustee process summons upon an employer shall be rebuttably presumed to be on account of the issuance of trustee process. Any employee discharged in violation of this section may sue in Superior Court for reinstatement of employment, back wages, and damages and, if that employee prevails, the court shall award costs and may award reasonable attorneys’ fees to the employee. (Added 1979, No. 67, § 2, eff. date, see note set out below.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3251. Attachment or levy of execution by filing

§ 3251. Attachment or levy of execution by filing
When personal property is taken upon a writ of attachment or execution, the officer serving such process may lodge a copy of the same, with his or her return, in the office or offices proper for the filing of a financing statement to perfect a security interest in such property under 9A V.S.A. § 9-401. Such lodgment shall hold the property against all subsequent sales, attachments, or executions as if it had been actually removed and taken into the possession of the officer, and different officers thereafter may serve in like manner other writs of attachment or execution so as to create a valid subordinate lien upon the same property. Where such process is required by this section to be lodged in any office other than that of the town clerk in the town where the property is found, it shall be sufficient if the officer sends a copy of the process by registered or certified mail, return receipt requested, to the appropriate office. (Amended 1971, No. 185 (Adj. Sess.), § 89, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3252. Recording by clerk

§ 3252. Recording by clerk
When a copy of a writ of attachment upon which personal property is attached is lodged in the office of a town clerk, he or she shall enter in a book to be kept by him or her, in alphabetical order, the names of the parties, the date of the writ, the time when and the court to which the same is returnable, and the amount demanded.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3255. Taking possession with or without filing

§ 3255. Taking possession with or without filing
(a) An officer, having attached personal property by lodging a copy in the appropriate office as provided in section 3251 of this title shall thereafter remove the property so attached or take it into his or her possession whenever the care, safety, or preservation of the property so requires, or he or she may accept a receipt for the same. In either case he or she shall withdraw the copy from the office where it was lodged, except that in a mixed attachment of real and personal property he or she shall make and cause to be recorded a certificate stating either that the personal property attached has been taken into his or her possession or receipted. Where the copy was originally lodged by mail, as provided in section 3251 of this title, such withdrawal or recording may also be accomplished by mail.
(b) The officer taking personal property as provided in this chapter may remove the same and take it into his or her possession, in which case he or she need not leave a copy of the attachment or execution in any office of record. (Amended 1971, No. 185 (Adj. Sess.), § 90, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3256. Custody of attached property; penalties

§ 3256. Custody of attached property; penalties
When an officer has attached personal property and taken it into his or her custody and chained, locked, or otherwise secured the same, a person, except another officer duly authorized, shall not interfere with the first named officer’s custody of such property. A person who violates the provisions of this section shall be fined not more than $100.00 or be imprisoned not more than 60 days, or both.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3257. Buildings erected by mortgagor or lessee

§ 3257. Buildings erected by mortgagor or lessee
An officer levying attachment of buildings or structures erected by a mortgagor or lessee, in addition to the copy lodged in the town clerk’s office, shall serve upon the mortgagee or lessor a like true and attested copy of the process, with a description of the property, and the return of the officer thereon, as is provided for the attachment of personal property held by a person as lessee or bailee. Upon sale on execution, the vendee shall succeed to the rights of the original lessee or mortgagor to the property.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3291. Service of copies of attachment

§ 3291. Service of copies of attachment
When real estate is attached, in addition to serving the party whose estate is attached, the officer shall leave a true and attested copy of the attachment, with a description of the estate so attached, in the office where by law a deed of that estate is required to be recorded. (Amended 1971, No. 185 (Adj. Sess.), § 91, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3292. Recording by town or Superior clerk

§ 3292. Recording by town or Superior clerk
When a copy of a writ of attachment, on which real estate is attached, is lodged in the office of a town or Superior clerk, such clerk shall enter in a book to be kept for that purpose the names of the parties, the date of the writ, the time when and the court to which the same is returnable, the nature of the action, the sum demanded, and the officer’s return thereon. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3293. Discharge of attachment lien

§ 3293. Discharge of attachment lien
(a) When an attachment or sequestration of real estate is made in an action at law, such real estate shall be discharged from such attachment lien and the party in whose favor the attachment or sequestration is made, his or her legal representative or attorney of record in the action shall discharge such attachment upon the record of attachment in the town clerk’s office, under any one of the following conditions:
(1) when the action is discontinued or the demand on which it is founded is satisfied;
(2) when the original writ or process is not returned to the court issuing the same within the time designated by such writ or process;
(3) when final judgment is entered in such cause and the docket entries or court records of proceedings in such cause do not show that execution was issued therein within the time the attached property is held to respond to the judgment rendered thereon;
(4) when execution has issued in such cause and returned with officer’s return thereon that the execution is satisfied; or
(5) if such execution is not returned to the court issuing the same within two years from the date of issue as determined by the docket entries or court records, provided that service is not stayed by order or decree of any court or by operation of law.
(b) If such attachment or sequestration is not discharged of record as above provided, any person having any title in or lien on such property may obtain from the court to which the original writ or process was made returnable, a certificate stating therein the fulfillment of any one of the conditions set forth above, and may file such certificate in the town or city clerk’s office in the town or city where such attachment was made. Such clerk shall thereupon discharge such attachment as follows:
“Discharged by the town (city) clerk per court’s certificate on file.”
(c) [Repealed.]
(d) A clerk discharging an attachment as herein authorized shall receive a fee of $4.00. (Amended 1971, No. 84, § 7, eff. July 1, 1971; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1979, No. 161 (Adj. Sess.), § 12; 1993, No. 170 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3294. Liability for refusal to discharge attachment lien

§ 3294. Liability for refusal to discharge attachment lien
When such party or his or her representative refuses for 10 days after being thereto requested to discharge the lien so created, he or she shall be liable to the party injured for the damages occasioned thereby, to be recovered in an action of tort.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3295. Attachment of real estate and personal property

§ 3295. Attachment of real estate and personal property
A writ of attachment of real estate or personal property shall be filled out as provided by rule adopted by the Supreme Court and issued to the plaintiff’s attorney by the clerk of the court in the county where the action is pending or the property is located. Such writ shall issue only upon the order of a Superior judge approving attachment in the same manner as is provided by the Vermont Rules of Civil Procedure for attachment of personal property that is to be removed or taken into possession. (Added 1977, No. 254 (Adj. Sess.), § 1, eff. April 19, 1978.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3331. Subsequent attaching creditors of real or personal property permitted to defend

§ 3331. Subsequent attaching creditors of real or personal property permitted to defend
When a subsequent attaching creditor of real or personal property wishes to contest the validity of the debt or claim on which a previous attachment is founded, the court before whom the process is returnable, on which the previous attachment was made, in its discretion, may permit such subsequent attaching creditor to appear by himself or herself or counsel and defend such action. The words “attaching creditor” shall include creditors claiming to hold by trustee process personal property or funds in the hands of any person against such previous attachments.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3332. Admissions of defendant

§ 3332. Admissions of defendant
When a creditor has so appeared, an admission or declaration in writing or otherwise, afterwards made by the debtor in the cause, of the validity of the claim on which such previous attachment is founded, shall not be given in evidence against such creditor nor shall he or she be affected thereby.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3333. Costs when plaintiff recovers in full

§ 3333. Costs when plaintiff recovers in full
When the plaintiff recovers final judgment for his or her whole debt or claim, he or she may have execution against such creditor for nominal damages and the costs that accrue in the cause after he or she so enters.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3334. Costs when plaintiff recovers in part

§ 3334. Costs when plaintiff recovers in part
When such creditor defeats on trial a part of the plaintiff’s claim on the ground that it is fraudulent as against creditors, he or she shall have judgment and execution against the plaintiff for such costs accrued after entry by such creditor as the court may tax in its discretion.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3351. Attachment, taking in execution, and sale

§ 3351. Attachment, taking in execution, and sale
Personal property not exempt from attachment, subject to a mortgage, pledge, or lien, may be attached, taken in execution, and sold as the property of the mortgagor, pledgor, or general owner, in the same manner as other personal property, except as otherwise provided in this subchapter. (Amended 2018, No. 8 (Sp. Sess.), § 6, eff. June 28, 2018.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3352. Statement of secured debt

§ 3352. Statement of secured debt
The officer making such attachment or taking such property on execution may make a written demand of the mortgagee, pledgee, or the holder of such lien, for an account in writing, under oath, of the amount due upon the debt secured by such mortgage, pledge, or lien, and may retain such property in his or her custody until the same is given without tender or payment. Upon receiving such demand, the account shall be rendered within 15 days by a resident of the State and within 30 days by a nonresident. If the account is not rendered within the time aforesaid or if a false account is rendered, such property may be holden and sold, discharged from such mortgage, pledge, or lien.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3353. Payment of debt if due

§ 3353. Payment of debt if due
When such debt is due at the time of rendering the account, the creditor so attaching or causing such property to be taken on execution may pay or tender, within 10 days after such account is rendered, the amount so rendered to the mortgagee, pledgee, or holder of such lien, and retain and sell such property free and clear of such mortgage, pledge, or lien.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3354. Payment of debt becoming due before sale

§ 3354. Payment of debt becoming due before sale
When such debt is not due at the time of rendering the account, but becomes due before the time fixed by the officer making such attachment or levy of execution for the sale of the property, within 10 days after the debt becomes due and before the sale, such creditor may pay or tender the amount thereof to such mortgagee, pledgee, or holder of such lien, and retain and sell such property as is provided in section 3353 of this title.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3355. Payment of debt not due

§ 3355. Payment of debt not due
When such debt is not due at the time fixed by the officer for sale of the property, the creditor may offer to pay the debt to the mortgagee, pledgee, or holder of the lien. If such payment is accepted, the same proceedings may be had as provided in section 3353 of this title.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3356. Subrogation of creditor by payment

§ 3356. Subrogation of creditor by payment
When such creditor pays or tenders such debt to the mortgagee, pledgee, or holder of such lien, as provided in sections 3353-3355 of this title, he or she shall be subrogated to all the rights of such mortgagee, pledgee, or holder, and may cause the same to be sold in the same manner that unencumbered personal property may be sold on mesne or final process; and the proceeds of such sale shall be applied first, in payment of the sum paid by such creditor to such mortgagee, pledgee, or holder and second, to satisfy the execution.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3357. Sale of property subject to mortgage, pledge, or lien

§ 3357. Sale of property subject to mortgage, pledge, or lien
When the mortgagee, pledgee, or holder of a lien duly renders such account, whether or not the debt is due, the attaching creditor may cause the property to be sold subject to the mortgage, pledge, or lien, without first paying or tendering the amount due on the debt secured thereby.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3358. Subrogation of purchaser

§ 3358. Subrogation of purchaser
When a mortgagor, pledgor, or conditional vendee of property sold on execution under the provisions of this subchapter fails or refuses to discharge such lien after it becomes due and payable, and within 10 days after written notice so to do is served upon him or her by the purchaser of the whole or part thereof, the person so purchasing may tender and pay to the holder of such mortgage, pledge, or lien, or the conditional vendor, the amount due such creditor upon the whole of such property. Upon such tender or payment, such purchaser shall be subrogated to all the rights of such original mortgagee, pledgee, or conditional vendor, and may hold the same as security for the amount so paid in discharge of such original claim, together with the sum paid by him or her on the execution sale, with interest upon such sums. He or she shall have the same benefit of foreclosure, sale, and disposition of such property that the original mortgagee, pledgee, or conditional vendor would have had under his or her claim.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3359. Property subject to conditional sales contract—Attachment and execution

§ 3359. Property subject to conditional sales contract—Attachment and execution
If property, in pursuance of the terms of a conditional sales contract, has passed into the possession of the vendee and the purchase money or part thereof remains unpaid, a creditor of the vendee may attach or levy his or her execution upon the property, and, upon payment or tender of such unpaid purchase money to the vendor, his or her agent or attorney, within 10 days after notice of the amount thereof remaining unpaid, may hold the property discharged from the claim of such vendor.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3360. Proceeds of sale

§ 3360. Proceeds of sale
The officer making such attachment or levy shall hold and dispose of such property like other personal property attached or levied upon, and from the proceeds of the sale thereof pay to the creditor the amount by him or her paid or tendered to the vendor and apply the residue upon the execution.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3361. Defense in action by vendor

§ 3361. Defense in action by vendor
If the vendor refuses to receive the amounts so tendered him or her and brings an action on account of the attachment or levy, the tender shall constitute a defense. On proof thereof and payment of the money tendered into court, the defendant may recover his or her costs, unless it appears that the amount so tendered, as the residue of the purchase money, was less than the sum due the vendor. (Amended 1971, No. 185 (Adj. Sess.), § 92, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3362. Mortgagee taking possession; foreclosure of mortgage, pledge, or lien

§ 3362. Mortgagee taking possession; foreclosure of mortgage, pledge, or lien
Sections 3351-3361 of this title shall not be construed so as to prevent or delay a mortgagee or a conditional vendor from taking possession of the secured property at any time for its necessary care and preservation, nor to prevent or delay the due foreclosure of a mortgage, pledge, or lien under the provisions of 9A V.S.A. Article 9. (Amended 1959, No. 262, § 27, eff. June 11, 1959; 1971, No. 185 (Adj. Sess.), § 93, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3363. Property in hands of bailee—Taking of reversionary interest of lessor, bailor, pledgor, or other owner

§ 3363. Property in hands of bailee—Taking of reversionary interest of lessor, bailor, pledgor, or other owner
The reversionary title in personal property may be attached or levied upon as the property of the lessor, bailor, pledgor, or other person owning the same, subject to the contract rights of the party holding possession thereof.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3364. Service of process on person holding property

§ 3364. Service of process on person holding property
A valid lien on such property shall be created by delivering to the person so holding it a true and attested copy of the process upon which it is attached or levied, with the return of the officer thereon describing it, which shall have the same effect as though the property were taken into the possession of such officer.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3401. Sale by consent of parties

§ 3401. Sale by consent of parties
When goods or chattels are attached on mesne process in one or more actions and the debtor and attaching creditors consent in writing to a sale thereof, the attaching officer shall sell the same in the manner prescribed by law for selling like property on execution. The proceeds of the sale, after deducting the necessary charges thereof, shall be paid into court and held to respond to judgments in such actions.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3402. Attachment after advertisement

§ 3402. Attachment after advertisement
After the property is advertised for sale, a creditor shall not have a right to prevent such sale by attachment of the same. The property may be charged by attachment or execution put into the hands of the officer holding it, as if the same were not advertised for sale, and the proceeds thereof shall be held subject to the attachments and executions in the officer’s hands, at the time of the sale, against the owner of the property.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3403. Perishable property—Notice of sale; appraisers

§ 3403. Perishable property—Notice of sale; appraisers
(a) When an attachment is made of living animals or of perishable goods or chattels which are liable to waste or liable to deteriorate appreciably in value by keeping or which cannot be kept without great or disproportionate expense, and the parties do not consent to the sale thereof, upon written application of either of the parties interested therein, made to the attaching officer, the property so attached shall be examined, appraised and sold, or otherwise disposed of and notice thereof given by the officer to the other parties in such manner as the Supreme Court shall by rule provide for service of summons.
(b) Such officer shall prepare a schedule of the property and appoint three disinterested persons acquainted with its value as appraisers to be sworn by him or her. If such appraisers are satisfied that the defendant in the action has been informed of the attachment of the property, they shall appraise the same as provided by law. (Amended 1971, No. 185 (Adj. Sess.), § 94, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3404. Duties of appraisers; sale

§ 3404. Duties of appraisers; sale
The appraisers shall examine the attached property and, if the same or part thereof is liable to perish or waste or to be greatly reduced in value by keeping or cannot be kept without great and disproportionate expense, they shall appraise the same at its value in money. Such property shall thereupon be sold by the officer and the proceeds held and disposed of as hereinbefore provided in case of a sale by consent of parties, unless the property is taken by the defendant as hereinafter provided.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3405. Return of sale

§ 3405. Return of sale
When an attaching officer sells property pursuant to any of the preceding sections, within 30 days, he or she shall make a return of his or her sale and any action taken on the writ upon which the attachment was made and return the writ with his or her proceedings to the clerk who signed it or to the clerk of the court in which the action is pending. When the defendant confesses judgment to the plaintiff before he or she makes the return, the officer shall make return to the magistrate before whom the judgment is confessed. (Amended 1971, No. 185 (Adj. Sess.), § 95, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3406. Delivery of property to defendant on giving security

§ 3406. Delivery of property to defendant on giving security
The property appraised and ordered sold under the provisions of this subchapter shall be delivered to the defendant, if he or she requires it, upon his or her depositing with the attaching officer the appraised value thereof in money, or giving to him or her satisfactory security for payment of such value, or to satisfy such judgments as are recovered in the actions in which the property is attached, if demanded within the time during which it would have been held by the respective attachments, and to indemnify the officer for such costs and damages as he or she may sustain if such payment is not made within the time aforesaid.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3408. Sale after return of process

§ 3408. Sale after return of process
After the process has been entered in court and before final judgment, personal property attached on mesne process may be sold or disposed of upon the same requests and in the same manner as provided for the sale or disposal of property so attached, before the process has been entered in court.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3409. Officer’s return

§ 3409. Officer’s return
When an officer sells property as provided in section 3408 of this title, he or she shall forthwith make return of his or her doings and sale to the clerk of the court or to the magistrate before whom the cause is pending. Such return shall be appended to and made part of the officer’s return on the original process.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 123 - Attachment of Property › § 3410. Deposit or investment of proceeds

§ 3410. Deposit or investment of proceeds
When property is sold on mesne process returnable to the Superior Court under this subchapter, upon application of either party, the money realized from the sales shall be paid into court, and the clerk thereof shall invest or deposit such money during the pendency of the cause, as the court directs. When the officer has paid the money into court, he or she shall not be responsible to either party therefor. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3471. Bail or recognizance as including surety bond

§ 3471. Bail or recognizance as including surety bond
The word “bail” or the word “recognizance” wherever used in connection with civil proceedings shall mean a good and sufficient surety bond, if one is furnished. (Amended 1967, No. 337 (Adj. Sess.), § 1, eff. July 1, 1968.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3472. Surety bond in lieu of recognizance

§ 3472. Surety bond in lieu of recognizance
Whenever in any civil proceeding, surety by way of recognizance is required, the court or magistrate before whom such proceedings are pending may accept a good and sufficient surety bond in lieu of such recognizance. (Amended 1967, No. 337 (Adj. Sess.), § 2, eff. July 1, 1968.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3473. Insufficiency of recognizance or bail; order for new bail

§ 3473. Insufficiency of recognizance or bail; order for new bail
When it appears that the security or recognizance for the prosecution of a pending cause or an appeal or the bail taken by the officer on the writ, is insufficient to secure the party for whose benefit the same was taken, the court, or the clerk in vacation, in his or her discretion, may order sufficient bail to be entered by a certain time, or that judgment be rendered against the party neglecting to comply with such order. Within the time provided, the party so required to furnish bail shall file with the clerk of the court a bond with sufficient surety in the amount required, to be approved by the clerk, or shall with sufficient surety, so approved, enter into a personal recognizance before the clerk in such amount. Such recognizance shall be entered by the clerk upon the docket of the cause.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3474. Release of bail for misrepresentations, etc

§ 3474. Release of bail for misrepresentations, etc
When it is made to appear to the court by a person who is bail for a party in a cause pending therein, that he or she was induced to enter bail by misrepresentations or by promise of indemnity which has not been performed, with the consent of the party for whose security the bail is taken, the court may discharge such bail, and order new bail on reasonable terms.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3476. Rights of bail—Bailpiece in bastardy proceedings

§ 3476. Rights of bail—Bailpiece in bastardy proceedings
When a surety recognizes before a Superior judge, for the appearance before the Superior Court of a person charged with being the father of a bastard child, the officer making the arrest upon the warrant shall deliver to such surety a bailpiece, if required, provided the recognizance is entered into before a Superior judge. If such recognizance is entered into before a judge of the Superior Court, the keeper of the jail in the county in which the principal is confined shall, if required, deliver to such surety a bailpiece. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 22, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3477. Warrant thereon

§ 3477. Warrant thereon
Upon presentation of a bailpiece to a Superior judge, such magistrate shall issue to the surety a warrant directed to any sheriff or constable in the State, commanding him to assist such surety in apprehending the principal. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 23, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3478. Use of warrant

§ 3478. Use of warrant
When he has occasion to arrest the principal, a surety may use such warrant to surrender him in court in discharge of his bail on the original process or upon scire facias or to secure him until a term of the court in which he may be surrendered for that purpose.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3479. Commitment of principal

§ 3479. Commitment of principal
The officer apprehending the principal may commit him to jail in the county in which he was arrested on the original process or in the county in which the process is pending, agreeably to the direction in the warrant. Such commitment shall be considered as a commitment on the original process, if the same is pending.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3482. Principal delivered in bastardy proceedings

§ 3482. Principal delivered in bastardy proceedings
A surety on the recognizance in a bastardy complaint may deliver the principal into court in discharge of his recognizance before the principal is adjudged to be the father of such bastard child and the court has made an order charging him with its support, but not after. Such surety may commit the principal to jail so that he may be delivered into court, before such adjudication and order.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3483. Commitment of principal

§ 3483. Commitment of principal
When the principal is delivered into court under section 3482 of this title, the court shall order him committed to jail, unless he enters into a recognizance before the court, with sufficient sureties, in the sum fixed by the order of the judge, conditioned as provided by law in such cases. Such commitment shall be deemed a commitment on the original warrant. (Amended 1973, No. 249 (Adj. Sess.), § 24, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3484. Surety may have warrant

§ 3484. Surety may have warrant
A surety in a recognizance taken by a Justice of the Supreme Court, a judge of a Superior Court, or a clerk of the Supreme or Superior Court, may make written application to the authority taking the recognizance for a warrant to apprehend the principal and commit him to jail. The authority taking the recognizance shall thereupon issue such warrant, directed to any sheriff or constable in the State. When the principal is committed to jail on such warrant, the bail shall be discharged. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 25, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3521. Imprisonment for debt abolished

§ 3521. Imprisonment for debt abolished
No person shall be arrested or imprisoned on mesne process. No person shall be arrested or imprisoned on an execution or by other means to enforce a judgment in any civil action for money damages. Notwithstanding the provisions herein, the court shall have full power to punish for contempt. (Amended 1971, No. 185 (Adj. Sess.), § 96, eff. March 29, 1972; 1979, No. 67, § 1, eff. date, see note set out below.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3571. Place of commitment

§ 3571. Place of commitment
When a person authorized to serve process is required by law to commit a person to jail, such commitment shall be in the county where the arrest is made, unless otherwise required by law. If there is not a legal jail in the county, the commitment shall be made in an adjoining county in which there is a legal jail.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3572. Manner of commitment

§ 3572. Manner of commitment
The officer committing a prisoner shall deliver him or her to the keeper of the jail, within the same, and give the keeper an attested copy of the process on which the commitment is made, with his or her return thereon.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3574. Penalty for not delivering copy

§ 3574. Penalty for not delivering copy
An officer who does not within six hours deliver a true copy of the warrant or process by which he or she detains a prisoner, to a person who demands such copy and tenders the fees therefor, shall forfeit to such prisoner $200.00, to be recovered in an action of tort on this statute.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3577. Privilege from arrest

§ 3577. Privilege from arrest
(a) The Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, Attorney General, and members of the General Assembly and officers and witnesses whose duty it is to attend thereon, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest and imprisonment during their necessary attendance on and in going to and returning from the General Assembly.
(b) A party or witness in a cause pending in any court in the State or before special masters, auditors, referees, or commissioners, and a witness in a criminal cause pending in any such court, shall not be arrested, imprisoned, or detained by virtue of civil process. Any witness summoned from outside the State in a criminal cause, pending in any court within the State, shall be privileged from the service of papers of any kind whatsoever, and from arrest for any cause while going to, attending at, or returning from such court or trial of such cause.
(c)(1) Prohibition. A person shall not be subject to civil arrest while traveling to, entering, remaining at, or returning from a court proceeding.
(2) Exceptions. Subdivision (1) of this subsection shall not apply to:
(A) an arrest pursuant to a judicially issued warrant or a court order;
(B) an arrest for contempt of the court where the proceeding is occurring; or
(C) an arrest to maintain order or safety in the court where the proceeding is occurring.
(3) Remedies.
(A) A person who violates this subsection by knowingly and willfully executing or assisting with an arrest prohibited by subdivision (1) of this subsection (c) shall be subject to contempt proceedings and may be liable in a civil action for false imprisonment.
(B) A person who is arrested in violation of subdivision (1) of this subsection (c) may bring a civil action against the violator for damages; injunctive, equitable, or declaratory relief; punitive damages; and reasonable costs and attorney’s fees.
(C) The Office of the Attorney General may bring a civil action on behalf of the State of Vermont for appropriate injunctive, equitable, or declaratory relief if there is reasonable cause to believe that a violation of subdivision (1) of this subsection (c) has occurred or will occur.
(D) No action under this subsection shall be brought against the Judiciary or any of its members or employees for actions taken to maintain order or safety in the courts.
(E) This section shall not be construed to limit or infringe upon any right, privilege, or remedy available under common law or any other provision of law or rule.
(F) Notwithstanding section 3578 of this title, the protections and remedies afforded by this subsection apply irrespective of when the privilege against civil arrest is invoked.
(4) Definition. As used in this subsection, “civil arrest” means an arrest for purposes of obtaining a person’s presence or attendance at a civil proceeding, including an immigration proceeding. (Amended 2021, No. 153 (Adj. Sess.), § 2, eff. May 31, 2022.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3578. Pleading privilege from arrest

§ 3578. Pleading privilege from arrest
(a) When a person is privileged from arrest on execution so informs the officer at the time the arrest is made and claims his or her privilege, the giving of a jail bond shall not be deemed a waiver thereof but the facts shall be sufficient defense to an action for breach of condition of the bond.
(b) The person making the arrest shall state in his or her return of service of the execution that the person arrested made known to him or her and claimed his or her privilege from arrest. (Amended 1971, No. 185 (Adj. Sess.), § 106, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3579. Detaining public carrier to make arrest; penalties

§ 3579. Detaining public carrier to make arrest; penalties
(a) An officer who has a writ of execution or criminal process for the arrest of a person whom he or she has reason to believe is on a public carrier may notify the operator of the carrier thereof. The operator shall thereupon detain the carrier a reasonable length of time at any place where it is scheduled to stop, and before it leaves the State, to enable the officer to examine the carrier and, if found, to arrest and remove the person against whom he or she has the writ of execution or criminal process.
(b) An operator who, after due notice from an officer holding a writ of execution or criminal process as specified in subsection (a) of this section, refuses or neglects to detain the carrier, and in consequence thereof the person sought to be arrested escapes from the borders of this State, if for a civil action, shall be liable to the plaintiff in an action of tort on this statute, for all damages arising therefrom. If for a criminal action, he or she shall be fined not more than $100.00. (Amended 1971, No. 185 (Adj. Sess.), § 107, eff. March 29, 1972.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3582. County answerable if jail insufficient

§ 3582. County answerable if jail insufficient
When an escape is made in consequence of the insufficiency of the jail, without negligence of the keeper, either in keeping the prisoner or repairing the jail, the county shall be answerable to such keeper for the costs and damages he or she sustains in consequence.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3585. Defense and recovery in action on escape

§ 3585. Defense and recovery in action on escape
In an action for an escape, such keeper may prove the circumstances attending the same and the circumstances and property of the prisoner when he or she escapes. The creditor shall recover only the reasonable damages which he or she sustains in consequence of the escape, and his or her costs.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3689. Application for discharge; hearing; oath

§ 3689. Application for discharge; hearing; oath
When the petition is granted, after the time fixed by the court or justice, the prisoner may apply to the commissioners of jail delivery in the county for a discharge from imprisonment. After giving notice to the opposite party before such examination, as provided in other cases in this chapter, if they find on examination that such person has not property, except his or her wearing apparel, exceeding $20.00, the commissioners shall administer to him or her the following oath:
“You solemnly swear that you have not estate, real or personal, exceeding $20.00, except your wearing apparel, and that you have not disposed of any of your property for the purpose of defrauding the complainant in the proceedings on which you are committed. So help you God.”
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 125 - Arrest, Bail, and Recognizances › § 3690. Effect of discharge

§ 3690. Effect of discharge
Upon taking such oath, the prisoner shall be discharged as other persons are discharged upon taking the poor debtor’s oath, and shall thereafter be free from arrest or imprisonment upon an execution issued upon any judgment rendered in such bastardy proceedings or founded thereon. The judgment shall remain in force, and the plaintiff may have execution against his or her property for nonpayment of orders of court, or may sustain an action of contract thereon.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3952. Prisoners entitled to writ of habeas corpus

§ 3952. Prisoners entitled to writ of habeas corpus
A person imprisoned in a common jail, or the liberties thereof, or otherwise restrained of his or her liberty by an officer or other person, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint, and obtain relief therefrom if it is unlawful.
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3953. Authority to grant writ; complaint

§ 3953. Authority to grant writ; complaint
Such writ may be granted by a Superior judge, or by Superior Court during its sitting, in the county where such person is imprisoned, on application by complaint in writing signed by the party for whose relief it is intended or by some person in his or her behalf, stating the person by whom and the place where the party is imprisoned or restrained, naming the prisoner and the person detaining him or her, if their names are known, and describing them, if they are not known, and stating also the cause or pretense of such imprisonment or restraint, according to the knowledge and belief of the person applying. The petitioner or the State may appeal from the decision on the petition to the Supreme Court under chapter 102 of this title. (Amended 1966, No. 41 (Sp. Sess.), § 4, eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 12 - Court Procedure › Chapter 143 - Habeas Corpus › § 3954. Copy of process annexed to complaint

§ 3954. Copy of process annexed to complaint
When the imprisonment or restraint is by virtue of a warrant or other process, a copy thereof shall be annexed to the complaint, or it shall appear that copy thereof has been demanded and refused, or that for sufficient reason a demand of such copy could not be made.