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 […]
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 […]
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 […]
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 […]
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 […]
14 §2707. Examination of trustee
§2707. Examination of trustee If the plaintiff thinks proper to examine the supposed trustee on oath, the answers may be taken in the county in which the trustee resides before a Justice of the Superior Court or a notary public. [PL 1981, c. 456, Pt. A, §53 (AMD).] SECTION HISTORY PL 1981, c. 456, […]
14 §2708. Disclosure under oath
§2708. Disclosure under oath When a trustee has submitted himself to examination on oath in court, his disclosure may be sworn to before a justice of the court or a notary public, and being filed in court, shall have the same effect as if sworn to in open court. [PL 1981, c. 456, Pt. […]
14 §2625. Defendant in pending action summoned as trustee of plaintiff
§2625. Defendant in pending action summoned as trustee of plaintiff If, during the pendency of an action, the defendant is summoned as trustee of the plaintiff, the first action may nevertheless proceed so far as to ascertain by a verdict or otherwise, what sum, if any, is due from the defendant; but the court may, […]
14 §2709. Trustee may submit statement of facts
§2709. Trustee may submit statement of facts If a person summoned admits that he has in his hands goods, effects or credits of the principal or wishes to refer that question to the court upon the facts, he may make a declaration of such facts as he deems material and submit himself thereupon to a […]
14 §2626. Defendant not judged trustee after judgment in first action
§2626. Defendant not judged trustee after judgment in first action If the first action is not continued and judgment is rendered therein, the defendant shall not afterwards be adjudged a trustee on account of the demand thus recovered against him while he is liable to an execution thereon.