§2701. Liability of trustee for failure to disclose If a person resident in the county in which the action is commenced is summoned and neglects to serve a disclosure under oath submitting to examination within the time required therefor, without reasonable excuse, he is liable for all costs afterwards arising in the action, to be […]
§2702. False disclosure Whoever, summoned as trustee, upon his examination willfully and knowingly answers falsely, shall be deemed guilty of perjury, and shall pay to the plaintiff in the action so much of the judgment recovered against the principal defendant as remains unsatisfied, with interest and costs, to be recovered in a civil action.
§2703. Commissioner to take disclosure The court in which the action is pending may appoint a commissioner to take the trustee’s examination and disclosure when any reasonable cause appears and may prescribe the notice to be given to the plaintiff of the time and place thereof. Upon return of such service, the examination and disclosure […]
§2704. Trustee leaving State discloses before notary When a person summoned as trustee is about to depart from the State or go on a voyage and not return before his disclosure under oath is required to be served, he may apply to a notary public of the county where he resides for a notice to […]
§2705. Trustee may disclose by consent The examination and disclosure of any person summoned as trustee may be taken, as provided in section 2704, when the plaintiff and trustee consent thereto.
§2706. Disclosure sworn to The disclosure, when completed and subscribed by the trustee, shall be sworn to by him in open court or before a notary public. [PL 1981, c. 456, Pt. A, §53 (AMD).] SECTION HISTORY PL 1981, c. 456, §A53 (AMD).
§2707. Examination of trustee If the plaintiff thinks proper to examine the supposed trustee on oath, the answers may be taken in the county in which the trustee resides before a Justice of the Superior Court or a notary public. [PL 1981, c. 456, Pt. A, §53 (AMD).] SECTION HISTORY PL 1981, c. 456, […]
§2708. Disclosure under oath When a trustee has submitted himself to examination on oath in court, his disclosure may be sworn to before a justice of the court or a notary public, and being filed in court, shall have the same effect as if sworn to in open court. [PL 1981, c. 456, Pt. […]
§2709. Trustee may submit statement of facts If a person summoned admits that he has in his hands goods, effects or credits of the principal or wishes to refer that question to the court upon the facts, he may make a declaration of such facts as he deems material and submit himself thereupon to a […]
§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.
§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.
§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 […]
§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 […]
§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 […]
