LD 586
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LR 1156
Item 1

 
§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. 8. 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. 9. 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
thereto to the motion, he shall that person must be defaulted and
adjudged trustee to the extent that the person holds goods,
effects or credits of the principal defendant otherwise available
to satisfy the unsatisfied portion of final judgment. If he was
not examined in the original action, judgment shall be rendered
against him for the whole sum remaining due on the judgment
against the principal defendant. Nothing in this section limits


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