§ 3082. Discharge of trustee; effect on defendant’s demand
§ 3082. Discharge of trustee; effect on defendant’s demand When a person summoned as trustee is discharged, the judgment shall not be a bar to an action brought against him or her by the defendant for the same demand.
§ 3083. Costs—Allowed to trustee
§ 3083. Costs—Allowed to trustee When a person summoned as trustee appears and submits to examination upon oath, he or she shall be allowed his or her costs for travel and attendance, and such further sum as the court deems reasonable for his or her counsel fees and other necessary expenses.
§ 3084. Retention out of funds in trustee’s hands
§ 3084. Retention out of funds in trustee’s hands When a person is adjudged a trustee, his or her costs and charges shall be retained out of the goods, effects, and credits in his or her hands, and he or she shall be chargeable on execution for the balance.
§ 3085. Retention of property until costs paid
§ 3085. Retention of property until costs paid When a person is adjudged trustee on account of specific articles of personal property, he or she shall not be obliged to deliver the same to the officer serving the execution until his or her costs and charges are fully paid or tendered.
§ 3086. Judgment for costs of discharged trustee
§ 3086. Judgment for costs of discharged trustee When the trustee is discharged, he or she shall recover judgment against the plaintiff for his or her costs and charges and have execution therefor.
§ 3087. Recognizance for trustee’s costs
§ 3087. Recognizance for trustee’s costs The plaintiff in a trustee process shall give security for costs to the trustee by way of recognizance by some person other than the plaintiff. The security shall be in the sum of $50.00 for a summons returnable to a Superior Court. If trustee process issues without a minute […]
§ 3088. Plaintiff’s costs not to exceed damages
§ 3088. Plaintiff’s costs not to exceed damages The plaintiff in a trustee process shall not recover a greater sum for costs, including costs allowed to the trustee, than the amount of damages recovered.
§ 3076. Trustee liable only for balance due
§ 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
§ 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
§ 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.