General Laws of Massachusetts - Chapter 246 Trustee Process
- Massachusetts General Laws - Actions maintainable; trustees - Chapter 246, Section 1
Trustee process may be used in accordance with the applicable rules of court in connection with the commencement of all personal actions except actions only...
- Massachusetts General Laws - Venue - Chapter 246, Section 2
If, in an action in the supreme judicial or superior court in which trustee process is used, all the persons named in the summons as...
- Massachusetts General Laws - Change of venue - Chapter 246, Section 3
If, in an action in the supreme judicial or superior court in which trustee process is used in connection with the commencement thereof, the court...
- Massachusetts General Laws - Venue in district courts - Chapter 246, Section 4
No person shall be held to answer as a trustee in an action in a district court, except as provided in section fifty-four of chapter...
- Massachusetts General Laws - Change of venue in district courts - Chapter 246, Section 4A
Whenever the venue of an action in a district court is based upon the residence or usual place of business of an alleged trustee, which...
- Massachusetts General Laws - Venue in actions to enforce support orders - Chapter 246, Section 4B
Notwithstanding any other provision of law to the contrary, in an action to enforce a support order pursuant to section thirty-six A of chapter two...
- Massachusetts General Laws - Trustee summons; service - Chapter 246, Section 5
The trustee summons shall be served in accordance with the applicable rule of court.
- Massachusetts General Laws - Foreign corporations; service - Chapter 246, Section 6
When a foreign corporation having a usual place of business in the commonwealth is summoned as a trustee in an action against one of its...
- Massachusetts General Laws - Partnerships; service - Chapter 246, Section 7
If co-partners are summoned as trustees and the partnership is properly described in the trustee summons, service of the trustee summons upon one partner shall...
- Massachusetts General Laws - New trustees; successive services - Chapter 246, Section 8
The plaintiff may at any time insert the names of other trustees in the summons, and cause the summons to be served upon them; and...
- Massachusetts General Laws - Proceedings if trustees discharged - Chapter 246, Section 9
The plaintiff may proceed in the action against the defendant if the defendant has been served with process although all the trustees have been discharged.
- Massachusetts General Laws - Answer; filing; contents - Chapter 246, Section 10
A person summoned as trustee shall file his answer within twenty days after service of the trustee summons upon him, unless the court otherwise directs....
- Massachusetts General Laws - Answer under oath; written declarations - Chapter 246, Section 11
Such answer shall be signed and sworn to by the trustee, or, in lieu of being sworn to, shall contain his written declaration, subject to...
- Massachusetts General Laws - Interrogatories; answer - Chapter 246, Section 12
The plaintiff may from time to time examine the alleged trustee upon written interrogatories filed in the clerk’s office. The answers thereto shall be signed,...
- Massachusetts General Laws - Discharge of trustees - Chapter 246, Section 13
If the answer of the alleged trustee shows that at the time of service of the trustee summons upon him he had not in his...
- Massachusetts General Laws - Admissions by trustees; interrogatories - Chapter 246, Section 14
A person summoned as trustee who admits that he has in his hands any goods, effects or credits of the defendant, or who wishes to...
- Massachusetts General Laws - Corporations; appearance and answer - Chapter 246, Section 15
A corporation summoned as trustee may appear and answer by its cashier, treasurer, clerk or such other officer or employee as it shall appoint or...
- Massachusetts General Laws - Truth of answer - Chapter 246, Section 16
The answer and statements of a trustee, on oath, shall be considered as true in determining how far he is chargeable; but either party may...
- Massachusetts General Laws - Questions of fact; trial - Chapter 246, Section 17
A question of fact arising upon such additional allegations may be tried and determined by the court, or it may be submitted to a jury...
- Massachusetts General Laws - Default of trustee - Chapter 246, Section 18
A person who, being duly summoned as a trustee, neglects to appear and answer as hereinbefore provided shall be defaulted and adjudged a trustee.
- Massachusetts General Laws - False answers; penalty - Chapter 246, Section 19
If a person summoned as trustee, his executor or administrator, or if an officer, agent or other person who appears and answers for a corporation...
- Massachusetts General Laws - Effect of attachment - Chapter 246, Section 20
The goods, effects or credits of the defendant intrusted to, or deposited in the hands or possession of, a person summoned as his trustee shall,...
- Massachusetts General Laws - Attachment of wages; proceedings outside commonwealth against resident debtors and employers prohibited - Chapter 246, Section 20A
No person shall send out of this commonwealth by assignment, transfer, or in any other manner, with or without consideration, or institute in a foreign...
- Massachusetts General Laws - Repealed, 2012, 140, Sec. 59 - Chapter 246, Section 21
Repealed, 2012, 140, Sec.
- Massachusetts General Laws - Liability as trustee of assignee in insolvency - Chapter 246, Section 22
After a dividend on the estate of an insolvent debtor has been declared, it may, unless it is upon a claim for wages which would...
- Massachusetts General Laws - Liability of receivers - Chapter 246, Section 23
Funds, credits or dividends due from or in the hands of receivers appointed by a court may be so attached after an order has been...
- Massachusetts General Laws - Money, etc., due but not payable; attachment - Chapter 246, Section 24
Money or any other thing due to the defendant absolutely and without any contingency may be so attached before it has become payable, but the...
- Massachusetts General Laws - Conveyances void as to creditors; persons having property as trustees - Chapter 246, Section 25
A person summoned as trustee having goods, effects or credits of the defendant in his possession by a conveyance or title void as to the...
- Massachusetts General Laws - Mutual demands between trustee and defendant; liability of trustee - Chapter 246, Section 26
A trustee may retain or deduct from the goods, effects or credits in his hands all liquidated demands or judgments against the defendant of which,...
- Massachusetts General Laws - Liability of trustee before knowledge of service - Chapter 246, Section 27
If, after the service of process on the trustee, but before he has knowledge thereof, he makes any payment in good faith or becomes liable...
- Massachusetts General Laws - Wages and pensions; exemptions; exceptions - Chapter 246, Section 28
If wages for personal labor or personal services of a defendant are attached for a debt or claim, an amount not exceeding the greater of...
- Massachusetts General Laws - Monies held by banks or similar institutions; exemption; limitations - Chapter 246, Section 28A
Twenty-five hundred dollars of any natural person in an account in a trust company, savings bank, cooperative bank, credit union, national banking association or other...
- Massachusetts General Laws - Offer of judgment; costs - Chapter 246, Section 29
If, after wages for personal labor or services have been attached in connection with a civil action, the defendant is defaulted, or if the defendant...
- Massachusetts General Laws - Attaching exempt wages; penalty - Chapter 246, Section 30
Whoever wilfully causes, or aids and abets in causing, wages for personal services exempt from attachment to be attached by trustee process in order to...
- Massachusetts General Laws - Bonds; savings banks as trustees - Chapter 246, Section 31
If a savings bank is charged as trustee, and the court finds that the answer creates a doubt as to the identity of the defendant,...
- Massachusetts General Laws - Claims not attachable by trustee process - Chapter 246, Section 32
No person shall be adjudged a trustee in the following cases: First, By reason of having drawn, accepted, made or endorsed a negotiable bill, draft,...
- Massachusetts General Laws - Claims by third persons - Chapter 246, Section 33
If a person claiming, by assignment from the defendant or otherwise, goods, effects or credits in the hands of a supposed trustee enters an appearance,...
- Massachusetts General Laws - Assignments as security for debts - Chapter 246, Section 34
If it appears that the claimant holds a valid assignment from the principal defendant only as security for a debt, the court shall, at the...
- Massachusetts General Laws - Actions pending by defendant against trustees; continuance - Chapter 246, Section 35
If, while an action is pending, the defendant is summoned in another action as trustee of the plaintiff, the earlier action may proceed so far...
- Massachusetts General Laws - Actions not continued; liability of judgment debtor as trustee - Chapter 246, Section 36
If the action is not so continued and judgment is rendered against the defendant, he shall not afterward, while liable to an execution thereon, be...
- Massachusetts General Laws - Defendant in pending action adjudged trustee; proceedings - Chapter 246, Section 37
If, before final judgment in such pending action, the defendant therein is adjudged a trustee in the trustee process, and pays thereon the money demanded...
- Massachusetts General Laws - Counterclaim by defendant in pending action; proceedings - Chapter 246, Section 38
If, while an action is pending, the plaintiff is summoned as trustee of the defendant on account of a counterclaim filed therein, such pending action...
- Massachusetts General Laws - Form of judgment charging trustee - Chapter 246, Section 39
If a person is adjudged a trustee, the amount for which he is chargeable need not be specified in the judgment.
- Massachusetts General Laws - Second attachment; recovery by defendant - Chapter 246, Section 40
If the goods, effects and credits in the hands of a person adjudged a trustee are not demanded of him by force of the execution...
- Massachusetts General Laws - Liability of trustee after thirty days - Chapter 246, Section 41
If no such second attachment of the goods, effects and credits has been made, and no action has been brought therefor by the defendant, and...
- Massachusetts General Laws - Demand on absent trustee; service - Chapter 246, Section 42
If the trustee cannot be found in the commonwealth by the officer to whom the execution is committed for service, a copy of the execution...
- Massachusetts General Laws - Effect of judgment against trustee - Chapter 246, Section 43
The judgment against a trustee shall acquit and discharge him from all demands by the defendant, his executor or administrator, for all goods, effects and...
- Massachusetts General Laws - Discharge of trustee; actions by defendant - Chapter 246, Section 44
If a person summoned as trustee is discharged, the judgment shall be no bar to an action brought against him by the defendant for the...
- Massachusetts General Laws - Action to satisfy judgment upon default of trustee - Chapter 246, Section 45
If a person adjudged a trustee does not, upon demand, pay over to the officer goods, effects or credits sufficient to satisfy the execution and...
- Massachusetts General Laws - Default of trustee; judgment in absence of answer or examination in original action - Chapter 246, Section 46
If a trustee duly served with a summons and complaint issued under the previous section fails to appear and answer, he shall be defaulted; and...
- Massachusetts General Laws - Default of trustee; judgment in case of answer or examination in original action - Chapter 246, Section 47
If a trustee defaulted in an action brought under section forty-five has answered or been examined in the original action, judgment shall be rendered upon...
- Massachusetts General Laws - Appearance of trustee; proceedings; judgments - Chapter 246, Section 48
In a proceeding brought under section forty-five, if the trustee appears and answers, he may be examined; but if he has been examined in the...
- Massachusetts General Laws - Limitations - Chapter 246, Section 49
No action provided under section forty-five shall be brought against a person adjudged a trustee unless he is served within two years after judgment in...
- Massachusetts General Laws - Death of trustee before judgment satisfied - Chapter 246, Section 50
If a person summoned as trustee in his own right dies before the judgment recovered by the plaintiff has been fully satisfied, the goods, effects...
- Massachusetts General Laws - Death of trustee before judgment; proceedings; prior examination of deceased - Chapter 246, Section 51
If a person so summoned dies before judgment in the original action, his executor or administrator may appear voluntarily or may be cited to appear,...
- Massachusetts General Laws - Default judgments; payments - Chapter 246, Section 52
If the executor or administrator does not appear, the plaintiff, instead of suggesting the death of the trustee, may take judgment against him by default...
- Massachusetts General Laws - Death of trustee after judgment - Chapter 246, Section 53
If a person summoned as trustee dies after judgment in the original action, his executor or administrator may pay upon the execution the amount which...
- Massachusetts General Laws - Death within thirty days after judgment - Chapter 246, Section 54
If a person, against whom as trustee execution has been issued, is not living at the expiration of thirty days after final judgment in the...
- Massachusetts General Laws - Service of execution - Chapter 246, Section 55
If an executor or administrator as such is adjudged a trustee, the execution shall not be served on his own goods or estate nor on...
- Massachusetts General Laws - Failure of executor or administrator to pay amount charged; remedies - Chapter 246, Section 56
If, after final judgment against an executor or administrator for a sum certain due from him as trustee, he fails to pay the same, the...
- Massachusetts General Laws - Proceedings if trustee is charged for specific property - Chapter 246, Section 57
If a person is charged as trustee by reason of personal property other than money, which he holds or is bound to deliver to the...
- Massachusetts General Laws - Determination of value of property delivered - Chapter 246, Section 58
The value of any property so delivered shall be ascertained and fixed, as between the trustee and defendant, in like manner and upon the same...
- Massachusetts General Laws - Delivery of specific property according to contract - Chapter 246, Section 59
If a person summoned as trustee is bound by contract to deliver specific property to the defendant at a certain time and place within the...
- Massachusetts General Laws - Property held by trustee as security; tender by attaching creditor - Chapter 246, Section 60
If the court finds that property in the hands of a person summoned as trustee is mortgaged, pledged or in any way liable for the...
- Massachusetts General Laws - Property held for other than security purposes - Chapter 246, Section 61
If the court finds that the property is held for any purpose other than to secure the payment of money and that the contract, condition...
- Massachusetts General Laws - Property received by officer; disposal; proceeds - Chapter 246, Section 62
Property received by an officer under either of the two preceding sections shall be sold and disposed of as if it had been taken on...
- Massachusetts General Laws - Sale by trustee of property held for security - Chapter 246, Section 63
The preceding sections shall not prevent the trustee from selling the property in his hands for payment of the claim for which it is mortgaged,...
- Massachusetts General Laws - Failure of trustee to deliver property - Chapter 246, Section 64
If a trustee refuses or neglects to deliver any property in his hands when lawfully required by the officer serving the execution, he shall, after...
- Massachusetts General Laws - Common carriers as trustees; liability for nondelivery - Chapter 246, Section 65
When a common carrier, summoned as trustee in a civil action, has in his or its possession goods shipped by or consigned to a defendant...
- Massachusetts General Laws - Bonds; persons entitled to file - Chapter 246, Section 66
A person having an interest by assignment or otherwise in money or credits attached by the trustee process in an action against another may, at...
- Massachusetts General Laws - Delivery of property by trustee; limitation of action on bond - Chapter 246, Section 67
After the filing of such bond, the trustee may deliver to the person by whom or in whose behalf as principal the bond was given...
- Massachusetts General Laws - Allowable to trustee - Chapter 246, Section 68
A person summoned as a trustee in the supreme judicial or superior court, who appears and answers pursuant to this chapter, shall be allowed his...
- Massachusetts General Laws - Payable out of effects - Chapter 246, Section 69
If a person is adjudged a trustee, his costs and charges shall be deducted from the goods, effects and credits in his hands, and he...
- Massachusetts General Laws - Payable by plaintiff - Chapter 246, Section 70
If a person summoned as trustee is discharged, he shall have judgment and execution for his costs and charges against the plaintiff.
- Massachusetts General Laws - Persons absent from commonwealth - Chapter 246, Section 71
If a person so summoned is out of the commonwealth at the time of service of process upon him and appears and answers within ten...
- Massachusetts General Laws - Persons out of county - Chapter 246, Section 72
If a person so summoned does not dwell or have a usual place of business in the county where the action is brought, he shall,...
- Massachusetts General Laws - Trustees neglecting to appear; liability for costs - Chapter 246, Section 73
A person so summoned, who dwells or has a usual place of business in the county where the action is brought and who neglects, without...
- Massachusetts General Laws - Recovery of costs - Chapter 246, Section 74
If a person so summoned does not pay the costs when demanded by the officer serving the execution, the officer shall state the fact in...
- Massachusetts General Laws - Several trustees; liability for costs - Chapter 246, Section 75
If several persons are summoned as trustees who are liable for costs under any provision of the two preceding sections, the second execution shall be...
- Massachusetts General Laws - Actions against trustees - Chapter 246, Section 76
If, while an action by the trustee process is pending, the original defendant therein or any other person brings an action against the alleged trustee...
- Massachusetts General Laws - Action against defaulting trustee; liability for costs - Chapter 246, Section 77
If a person summoned as trustee, who dwells or has a usual place of business in the county where the action is brought, is defaulted...
- Massachusetts General Laws - Action against defaulting trustee; costs, nonliability, recovery precluded - Chapter 246, Section 78
He shall not be liable for costs under section seventy-seven, nor shall he be entitled to recover costs, if the court finds that he had...
- Massachusetts General Laws - Action against defaulting trustee; costs, nonliability, recovery - Chapter 246, Section 79
He shall not be liable for costs under section seventy-seven if he was prevented from appearing in the original action by his absence from the...
- Massachusetts General Laws - Action against defaulting trustee; execution against trustee for costs - Chapter 246, Section 80
If a person summoned as trustee is held liable to pay from his own estate the costs as before provided, and if he is at...
- Massachusetts General Laws - Action against several defaulting trustees; liability for costs - Chapter 246, Section 81
If several trustees are liable in an action brought under section forty-five and the plaintiff fails to join all of the trustees in one action,...
- Massachusetts General Laws - Adverse claimants - Chapter 246, Section 82
If an adverse claimant is admitted as a party, the court may award costs between him, the plaintiff and the supposed trustee, or any of
- Massachusetts General Laws - Costs where damages less than ten dollars - Chapter 246, Section 83
If the damages recovered in an action brought under trustee process do not exceed ten dollars, exclusive of all costs in any former action, the...
Last modified: September 11, 2015