§ 3154. Court to decide to whom judgment belongs
§ 3154. Court to decide to whom judgment belongs The court shall try the action upon such negotiable paper between the assignee and plaintiff in the trustee process, as though the assignee had been cited to appear as claimant in such process. The judgment in such action against the trustee shall not be conclusive of […]
§ 3155. Proceedings if judgment belongs to assignee
§ 3155. Proceedings if judgment belongs to assignee When the court decides in favor of the assignee, it shall adjudge such judgment against the trustee to be the property of the assignee, and it may be enforced by him or her at his or her expense in the name of the plaintiff in the first […]
§ 3156. Mode of trial; costs
§ 3156. Mode of trial; costs Either party may have the facts tried by jury or commissioner, as in other causes. Costs shall be allowed between the parties as the court deems just.
§ 3166. Compensation assignments, employer acceptance required
§ 3166. Compensation assignments, employer acceptance required (a) If the compensation of a person due him or her for work and labor performed is attached under this chapter, the employer of the person shall, upon the request of the employee, accept a compensation assignment in an amount not in excess of 10 percent of the […]
§ 3167. Enforcement of money judgments; trustee process against earnings
§ 3167. Enforcement of money judgments; trustee process against earnings Trustee process against earnings may not be used in connection with the enforcement of a money judgment in any civil action until the judgment becomes final, and then only in accordance with sections 3168-3171 of this title. (Added 1979, No. 67, § 2, eff. date, […]
§ 3168. Motion for issuance of trustee process; scheduling and notice of hearing
§ 3168. Motion for issuance of trustee process; scheduling and notice of hearing (a) Whenever a judgment debtor has neglected or refused to pay or make reasonable arrangements to pay a money judgment in any civil action, the judgment creditor may move the court which rendered the judgment to issue trustee process against the earnings […]
§ 3169. Hearing on motion; findings; order
§ 3169. Hearing on motion; findings; order (a) At the hearing on the motion the court shall determine on the basis of the motion and any affidavit of the judgment creditor, the record in the civil action and any testimony offered by either party, and by the trustee whether the judgment debtor has neglected or […]
§ 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 […]
§ 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 […]
§ 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. […]