Title 12, Title 12: Court Procedure

§ 3015. Executor or administrator A debt or legacy due from an executor or administrator, and other goods, effects, or credits in his or her hands, may be attached by trustee process.

§ 3016. Nonresidents summoned as trustees A person shall not be summoned as a trustee, unless at the time of the service of the writ he or she resides in the State. However, debts due and owing from a person resident outside the State, or from a number of persons, part or all of …

§ 3017. Foreign railroad corporations as trustees A foreign railroad corporation, operating a railroad in whole or in part within this State, may be summoned as a trustee of a person to whom such corporation is indebted, in an action brought to recover a debt contracted within th…

§ 3018. Debts absolutely due, but not payable Any money or other thing due the defendant may be attached by trustee process before it has become payable, provided it is due absolutely and without contingency. The trustee shall not be compelled to pay or deliver it before the time…

§ 3019. Debts contingent; judgment subject to execution A person shall not be adjudged a trustee by reason of any money or other thing due from him or her to the principal defendant, unless it is due absolutely and without contingency at the time of the service of the writ upon h…

§ 3020. Exemptions from trustee process generally The following named bodies corporate and persons shall not be liable or chargeable on trustee process: (1) A fire insurance company on account of a sum due from such company to the defendant in consequence of loss by fire of prope…

§ 3021. Debts reduced by sums owing defendant’s workmen In all cases where a principal defendant is indebted to other persons for work done in the performance of a contract out of which the trustee’s indebtedness arises, there shall be exempt from the trustee process, on an actio…

§ 3022. Assignment of future earnings; validity as against trustee process; recording An assignment of future earnings shall not be valid against trustee process unless executed in writing and made to secure a debt of an amount therein stated, contracted prior to or simultaneousl…

§ 3023. Proceeds of property exempt from attachment Except as herein otherwise provided, a person shall not be liable on trustee process on account of a sum due or owing to the principal debtor for property sold or conveyed or delivered by him or her, which was exempt from attach…

§ 3024. Debt for property in part exempt When the sum due or owing to the principal debtor is in part for property exempt from attachment and execution and in part for property not so exempt, the sum exempt from attachment by the trustee process shall be the value of the property…

§ 3025. Proceeds of exempt property held for taxes Sections 3023 and 3024 of this title shall not apply to a trustee process instituted for the collection of taxes.

§ 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. …

§ 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. Execu…

§ 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, effe…

§ 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…

§ 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…

§ 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 examina…

§ 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 plaintif…

§ 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 repor…

§ 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 su…

§ 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 p…

§ 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 sa…

§ 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, chatt…

§ 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…

§ 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 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 necessa…

§ 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 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 tend…

§ 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.

§ 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.

§ 3121. Specific property—Delivery to officer; sale; application of proceeds When a person is charged as trustee by reason of personal property, other than money, which he or she holds or is bound to deliver to the defendant, he or she shall deliver the same, or so much thereof a…

§ 3122. Value as between trustee and defendant The value of such personal property so delivered shall be ascertained, as between the trustee and defendant, as if it had been delivered to the defendant. Upon the application of either party, the court may determine such value and m…

§ 3123. Contract as to delivery; tender A person summoned as trustee, who has contracted to deliver specific personal property to the defendant at a certain time and place, shall not be compelled thereby to deliver it at any other time or place. He or she may tender it at the tim…

§ 3124. Delivery of tendered property to officer The property so tendered shall be held to respond to the judgment in the trustee process as if the same had been attached, and the trustee shall deliver it to the officer holding the execution, on receiving a reasonable compensatio…

§ 3125. Payment of trustee’s claim by creditor When it appears that personal property in the hands of a person summoned as a trustee is mortgaged, pledged, or liable for the payment of a debt due to him or her, the court may allow the attaching creditor to pay or tender the amoun…

§ 3126. Performance of contract or condition by creditor When such property is held for a purpose other than to secure the payment of money, and the contract, condition, or other thing to be performed is such as can be performed by the attaching creditor without damage to the oth…

§ 3127. Reimbursement of creditor from proceeds of sale Personal property received by the officer under sections 3124-3126 of this title shall be sold as if it had been taken on execution in the common form, except that out of the proceeds of the sale the officer shall repay to t…

§ 3128. Disposal of property by trustee before payment or tender The provisions of this chapter shall not prevent the trustee from selling personal property in his or her hands for the payment of the demand for which it is mortgaged, pledged, or otherwise liable, before the amoun…

§ 3129. Trustee’s liability on refusal to deliver property When a trustee does not deliver personal property in his or her hands, when lawfully required by the officer serving the execution, he or she shall be liable to the plaintiff in the action for the value thereof, after ded…