LD 586
pg. 3
Page 2 of 5 An Act To Clarify and Improve the Fairness of the Law of Trustee Process Page 4 of 5
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LR 1156
Item 1

 
2.__Acceptance by designated officer or employee.__
Acceptance of service in writing by an officer or employee of
the financial institution expressly authorized to accept
service of trustee process.

 
Sec. 6. 14 MRSA §2614 is amended to read:

 
§2614. Trustee not appearing defaulted

 
When a person summoned as trustee neglects to appear and
answer to the action, he shall the trustee must be defaulted
and adjudged trustee as alleged to the extent that such a
person holds goods, effects or credits of the principal
defendant otherwise available to satisfy the unsatisfied
portion of final judgment. Nothing in this section limits the
additional remedies available under this chapter for the
trustee's failure to disclose, including the assessment of
costs under section 2701 or, in a proper case, contempt.

 
Sec. 7. 14 MRSA §2901 is amended to read:

 
§2901. Discontinuance of action

 
When a trustee action is discontinued or settled by the
principal parties thereto to the action, the trustee shall be
is entitled to no costs, provided if the plaintiff or his the
plaintiff's attorney shall, at least 7 days before the
trustee's disclosure under oath is required to be served,
notify notifies the trustee in writing that the action has
been discontinued. Upon conclusion of the principal action,
when the goods, effects or credits trusteed are not to be used
to satisfy a judgment, the plaintiff or the plaintiff's
attorney shall notify the trustee in writing within 30 days of
the extinguishment of plaintiff's claim to such property.

 
If the trustee discloses possession of goods, effects or
credits of the principal defendant, or by virtue of default is
adjudged trustee, and the trusteed funds are not collected or
released within 7 years, they must be presumed abandoned under
Title 33, chapter 41 unless the trustee is served with a
certificate of the clerk of the appropriate court, between 30
and 90 days prior to such date, evidencing that the principal
action is still pending.

 
Sec. 8. 14 MRSA §2952 is amended to read:

 
§2952. Judgment against trustee where no examination

 
After notice of such a motion under section 2951 has been
served on him, if he the person neglects to appear and answer


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