§ 3062. Default of trustee—Adjudgment as trustee When a person summoned as trustee does not serve his or her disclosure within such time as the Supreme Court may by rule provide, he or she shall be defaulted and adjudged a trustee. (Amended 1971, No. 185 (Adj. Sess.), § 79, eff. March 29, 1972.)
§ 3063. Amount of judgment; execution When a person is adjudged trustee by default, the judgment shall be for the amount of damages and costs recovered by the plaintiff in the action, and payable in money at the time the judgment is rendered against the principal defendant. Execution therefor may issue directly against the goods, […]
§ 3064. Sworn disclosure; general denial; examination; discharge When an alleged trustee serves his or her written disclosure under oath declaring that he or she had not at the time of the service of the summons, nor has since had in his or her hands or possession any goods, effects, or credits of the defendant, […]
§ 3065. Admission; statement of facts When an alleged trustee serves his or her written disclosure under oath admitting that he or she has in his or her hands or possession goods, effects, or credits of the defendant, or referring that question to the court upon the facts, his or her disclosure may set forth […]
§ 3066. Answers and statements of trustee not conclusive The answers and statements sworn to by a person summoned as trustee shall not be conclusive in deciding how far he or she is chargeable, but either party may allege and prove facts material to that issue.
§ 3067. Trial of issues by jury or court Questions of fact arising upon such additional allegations may be tried by the court, or in the discretion of the court, may be submitted to a jury in such manner as the court directs, in cases where a commissioner has not been appointed.
§ 3068. Disclosure before judge in Superior Court action A person summoned to appear before the Superior Court as trustee may appear before a Superior judge, competent to try causes between the parties, and with the consent of the parties, certified by such judge, make his or her written disclosure, upon oath. On its being […]
§ 3069. Corporations summoned as trustees A corporation may appear by its cashier, treasurer, clerk, or such officer as it appoints, or as the court requires. The answer, disclosure, and examination on oath of such officers shall be received as the answer, disclosure, and examination of the corporation.
§ 3070. Commissioners—Appointment When a person summoned as trustee in Superior Court appears and files a disclosure denying his or her liability, or submits such question to the court upon a statement of facts, the court in its discretion may, or upon application of the plaintiff, trustee, or claimant shall, appoint one or more commissioners, […]
§ 3071. Powers and duties of commissioner A commissioner may summon the trustee to appear before him or her and make disclosure; and if, after reasonable notice from the commissioner, he or she does not appear, or, appearing, does not make disclosure, the commissioner shall report the fact to the court. Thereupon, unless cause is […]
§ 3072. Taking and return of disclosure The commissioner shall take the disclosure of the trustee in writing, and certify and return the same to the court with his or her report.
§ 3073. Judgment on disclosure and commissioner’s report When the commissioner has returned to the court the disclosure of the trustee, with the report of the facts and his or her decision thereon, if cause is not shown to the contrary, judgment with costs shall be rendered on such report according to the rights of […]
§ 3074. Disclosure not evidence in a prosecution The disclosure upon oath of a trustee in any action in which he or she is summoned shall not be used as evidence to prove any fact therein stated, in a prosecution against him or her for a crime or penalty.
§ 3075. Value less than $10.00; discharge of trustee; costs When the goods, effects, and credits in the hands of the trustee do not exceed $10.00 in value, the trustee shall be discharged with costs against the plaintiff. The provision of this section shall not affect a trustee process for the collection of taxes.
§ 3076. Trustee liable only for balance due A trustee may deduct from the goods, effects, and credits in his or her hands his or her demands against the defendant founded on contract, express or implied, and shall be liable for the balance only after such demands are adjusted.
§ 3077. Payments by trustee after service When, after service on the trustee but before he or she has knowledge thereof, he or she, in good faith, makes payment or becomes liable to a third person on account of the goods, effects, or credits in his or her hands or delivers the same to the […]
§ 3078. Judgment on money demands—Amount; when payable When a person is adjudged trustee on account of money due to the defendant at a future day, the court shall determine the amount which the trustee shall pay on the judgment and the time when the same shall be paid.
§ 3079. Liability of trustee on failure to pay When the trustee does not pay such sum by the time specified, when required by the officer serving the execution, he or she shall be liable to the plaintiff for the same with interest in an action of contract on this statute.
§ 3080. Execution against trustee When a person is adjudged trustee on account of money due the defendant at the time judgment is rendered, the court shall determine the amount which the trustee shall pay on such judgment, and execution may issue directly against the goods, chattels, or estate of the trustee for the same. […]
§ 3081. Judgment against trustee; effect on defendant’s demand The judgment against a person as trustee shall discharge him or her from demands by the defendant for goods, effects, and credits paid, delivered or accounted for by the trustee, by force of the judgment; and if he or she is afterwards sued therefor by the […]
