| §2614. Trustee not appearing defaulted |
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| | 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. |
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| | Sec. 8. 14 MRSA §2901 is amended to read: |
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| §2901. Discontinuance of action |
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| | 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. |
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| | 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. |
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| | Sec. 9. 14 MRSA §2952 is amended to read: |
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| §2952. Judgment against trustee where no examination |
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| | 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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