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  • PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
  • TITLE II ACTIONS AND PROCEEDINGS THEREIN
  • CHAPTER 224 ARREST ON MESNE PROCESS AND SUPPLEMENTARY PROCEEDINGS IN CIVIL ACTIONS
  • Section 14 Supplementary process; application; corporations and certain trusts; service; proceedings

Section 14. A judgment creditor or a person in his behalf may file in court an application for supplementary process under this chapter. Upon the filing of such an application, a summons may issue, requiring the judgment debtor to appear at a time and place named therein and submit to an examination relative to his or its property and ability to pay. Such summons may be served by an officer qualified to serve civil process and shall be served at least seven days before the return day thereof. If the debtor is a natural person, service shall be made by delivery in hand or by leaving a copy at the debtor’s last and usual place of abode. If the debtor is a corporation, service shall be made by delivery in hand to, or by leaving a copy at a business office of, the president, treasurer, clerk, resident agent appointed pursuant to chapter 5 of chapter 156D, cashier, secretary, agent or other officer in charge of its business, or, if no such officer is found within the county, any member of the corporation. If the debtor is a trust with transferable shares, service shall be made in the same manner on any trustee. If due service is not made, the court may order further notice. A judgment debtor who has been arrested on execution, or a person in his behalf, may file such an application and cause service to be made upon the judgment creditor or his attorney of record in the action, in a similar manner, requiring the judgment creditor to appear at such examination; and upon failure of the judgment creditor to appear personally or by attorney the proceedings under this section may be dismissed. The failure of a judgment debtor personally to appear without reasonable excuse upon such summons, or at an examination otherwise appointed, or to submit to the examination as provided in section fifteen, shall constitute a contempt of court; and if the debtor is a corporation or a trust with transferable shares, the court shall treat the officer, trustee or agent served as the contemnor. Supplementary proceedings shall be in order for examination at the return day and hour set forth in the summons or further notice, but may by order of court for good cause shown be continued from time to time for examination, and may be brought up for further proceedings at such time or times, and in such manner as the court by general or special rule or order may direct. The death of the judgment creditor shall not affect supplementary proceedings.