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Title 12 — Court Procedure · Chapter 121
90 entries
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§ 3011. Actions Trustee process may be used in any civil action commenced in a Superior Court except…
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§ 3012. Tort actions; arrest (a) [Repealed.] (b) A person against whom an action of tort is commence…
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§ 3013. Who may be summoned as trustee generally; property subject to process A person or corporatio…
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§ 3014. Maker or indorser of negotiable paper; exemptions Negotiable paper may be attached by and th…
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§ 3015. Executor or administrator A debt or legacy due from an executor or administrator, and other …
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§ 3016. Nonresidents summoned as trustees A person shall not be summoned as a trustee, unless at the…
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§ 3017. Foreign railroad corporations as trustees A foreign railroad corporation, operating a railro…
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§ 3018. Debts absolutely due, but not payable Any money or other thing due the defendant may be atta…
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§ 3019. Debts contingent; judgment subject to execution A person shall not be adjudged a trustee by …
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§ 3020. Exemptions from trustee process generally The following named bodies corporate and persons s…
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§ 3021. Debts reduced by sums owing defendant’s workmen In all cases where a principal defendant is …
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§ 3022. Assignment of future earnings; validity as against trustee process; recording An assignment …
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§ 3023. Proceeds of property exempt from attachment Except as herein otherwise provided, a person sh…
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§ 3024. Debt for property in part exempt When the sum due or owing to the principal debtor is in par…
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§ 3025. Proceeds of exempt property held for taxes Sections 3023 and 3024 of this title shall not ap…
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§§ 3051-3059. Repealed.
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§ 3060. Repealed.
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§ 3061. Repealed.
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§ 3062. Default of trustee—Adjudgment as trustee When a person summoned as trustee does not serve hi…
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§ 3063. Amount of judgment; execution When a person is adjudged trustee by default, the judgment sha…
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§ 3064. Sworn disclosure; general denial; examination; discharge When an alleged trustee serves his …
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§ 3065. Admission; statement of facts When an alleged trustee serves his or her written disclosure u…
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§ 3066. Answers and statements of trustee not conclusive The answers and statements sworn to by a pe…
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§ 3067. Trial of issues by jury or court Questions of fact arising upon such additional allegations …
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§ 3068. Disclosure before judge in Superior Court action A person summoned to appear before the Supe…
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§ 3069. Corporations summoned as trustees A corporation may appear by its cashier, treasurer, clerk,…
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§ 3070. Commissioners—Appointment When a person summoned as trustee in Superior Court appears and fi…
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§ 3071. Powers and duties of commissioner A commissioner may summon the trustee to appear before him…
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§ 3072. Taking and return of disclosure The commissioner shall take the disclosure of the trustee in…
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§ 3073. Judgment on disclosure and commissioner’s report When the commissioner has returned to the c…
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§ 3074. Disclosure not evidence in a prosecution The disclosure upon oath of a trustee in any action…
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§ 3075. Value less than $10.00; discharge of trustee; costs When the goods, effects, and credits in …
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§ 3076. Trustee liable only for balance due A trustee may deduct from the goods, effects, and credit…
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§ 3077. Payments by trustee after service When, after service on the trustee but before he or she ha…
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§ 3078. Judgment on money demands—Amount; when payable When a person is adjudged trustee on account …
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§ 3079. Liability of trustee on failure to pay When the trustee does not pay such sum by the time sp…
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§ 3080. Execution against trustee When a person is adjudged trustee on account of money due the defe…
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§ 3081. Judgment against trustee; effect on defendant’s demand The judgment against a person as trus…
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§ 3082. Discharge of trustee; effect on defendant’s demand When a person summoned as trustee is disc…
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§ 3083. Costs—Allowed to trustee When a person summoned as trustee appears and submits to examinatio…
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§ 3084. Retention out of funds in trustee’s hands When a person is adjudged a trustee, his or her co…
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§ 3085. Retention of property until costs paid When a person is adjudged trustee on account of speci…
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§ 3086. Judgment for costs of discharged trustee When the trustee is discharged, he or she shall rec…
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§ 3087. Repealed.
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§ 3088. Plaintiff’s costs not to exceed damages The plaintiff in a trustee process shall not recover…
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§ 3121. Specific property—Delivery to officer; sale; application of proceeds When a person is charge…
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§ 3122. Value as between trustee and defendant The value of such personal property so delivered shal…
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§ 3123. Contract as to delivery; tender A person summoned as trustee, who has contracted to deliver …
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§ 3124. Delivery of tendered property to officer The property so tendered shall be held to respond t…
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§ 3125. Payment of trustee’s claim by creditor When it appears that personal property in the hands o…
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§ 3126. Performance of contract or condition by creditor When such property is held for a purpose ot…
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§ 3127. Reimbursement of creditor from proceeds of sale Personal property received by the officer un…
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§ 3128. Disposal of property by trustee before payment or tender The provisions of this chapter shal…
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§ 3129. Trustee’s liability on refusal to deliver property When a trustee does not deliver personal …
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§ 3130. Trustee not liable for destruction of property without his or her fault When a person is adj…
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§ 3131. Defense of trustee sued for not delivering property If a trustee is sued for not delivering …
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§ 3132. Claims of third persons—Appearance; notice When it appears that goods, effects, or credits i…
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§ 3133. Third person as party; recognizance; trial of title When the claimant appears, he or she may…
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§ 3134. Costs When such claimant is so admitted, the court, in its discretion, may award costs betwe…
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§ 3135. Death of trustee—Attachment not discharged; liability of representative When a person summon…
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§ 3136. Representative may appear or be cited When the person so summoned dies before judgment in th…
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§ 3137. Default for nonappearance after notice When, after notice, such executor or administrator do…
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§ 3138. Representative to pay on execution if trustee dies after judgment When the person originally…
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§ 3139. Plaintiff’s remedy when representative does not pay When an executor or administrator does n…
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§ 3140. Pending action against trustee—Action to proceed; continuance for judgment When the defendan…
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§ 3141. Application for continuance; effect of denial On application of the plaintiff in the trustee…
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§ 3142. Payment made on judgment in trustee action allowed When, before final judgment in the first …
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§ 3143. Fraudulent conveyance and assignment—Trustee with title void as to creditors; examination Wh…
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§ 3144. Execution against trustee; arrest An execution shall issue against the goods, chattels, or e…
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§ 3145. Validity of sale or assignment may be inquired into When it appears that a trustee had been …
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§ 3146. Mortgagor of personal property summoned as trustee of mortgagee—Mortgagee defined The word “…
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§ 3147. Attachment of mortgagee’s interest When a mortgagor of personal property is summoned as trus…
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§ 3148. Held to satisfy execution against trustee The property so attached shall be holden to satisf…
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§ 3149. Mortgagee not to sell attached property The mortgagee whose interest is so attached shall no…
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§ 3150. Purchaser’s title in property sold on execution Property so attached may be sold upon an exe…
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§ 3151. Trustee may file bond and sell property When such action is pending in the Supreme or Superi…
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§ 3152. Mortgagee may file bond and release property When such action is pending in such a court, th…
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§ 3153. Action by assignee of negotiable paper after judgment against maker—Pleading judgment in bar…
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§ 3154. Court to decide to whom judgment belongs The court shall try the action upon such negotiable…
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§ 3155. Proceedings if judgment belongs to assignee When the court decides in favor of the assignee,…
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§ 3156. Mode of trial; costs Either party may have the facts tried by jury or commissioner, as in ot…
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§§ 3157-3164. Repealed.
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§ 3165. Repealed.
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§ 3166. Compensation assignments, employer acceptance required (a) If the compensation of a person d…
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§ 3167. Enforcement of money judgments; trustee process against earnings Trustee process against ear…
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§ 3168. Motion for issuance of trustee process; scheduling and notice of hearing (a) Whenever a judg…
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§ 3169. Hearing on motion; findings; order (a) At the hearing on the motion the court shall determin…
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§ 3170. Exemptions; issuance of order (a) No order approving the issuance of trustee process against…
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§ 3171. Service of order; liability of trustee (a) The order shall be served on the trustee at the r…
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§ 3172. Employee protected No employee may be discharged from employment on account of trustee proce…