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  • PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
  • TITLE IV CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES
  • CHAPTER 246 TRUSTEE PROCESS
  • Section 32 Claims not attachable by trustee process

Section 32. No person shall be adjudged a trustee in the following cases:

First, By reason of having drawn, accepted, made or endorsed a negotiable bill, draft, note or other security which at the date of the summons was negotiable to a holder in due course under the provisions of chapter one hundred and six.

Second, By reason of having received or collected money or any other thing as a sheriff or other officer upon an execution or other legal process in favor of the defendant in the trustee process, although it may have been demanded of him by the defendant.

Third, By reason of having money in his hands as a public officer, for which he is accountable to the defendant merely as such officer.

Fourth, By reason of money or any other thing due from him to the defendant, unless it is, at the time of service of the summons upon him, due absolutely and without any contingency; provided, however, that nothing herein shall prevent the attachment by means of trustee process of an obligor’s wages, pension or other compensation for employment in an action pursuant to section thirty-six A of chapter two hundred and eight.

Fifth, By reason of a debt due from him upon a judgment, so long as he is liable to an execution thereon.

Sixth, By reason of money or credits due for the wages of personal labor or services of the wife or minor children of the defendant.

Seventh, By reason of money or credits due or accruing to the defendant as wages or lay as a seaman; but this clause shall not apply to the wages or lay due or accruing to a fisherman.

Eighth, By reason of money or credits due for the wages of personal labor or services of the defendant, unless such attachment is made in an action brought upon a judgment, is upon money or credits not exempt from execution pursuant to section thirty-four of chapter two hundred and thirty-five and is authorized in advance by written permission endorsed upon the complaint and signed by a justice, associate justice or special justice of the court in which the action is commenced. Application to said justice, associate justice or special justice of the court for permission for said attachment shall be made only after ten days’ written notice has been delivered or sent by registered mail, return receipt requested, to the defendant at his last known address, place of business or employment. Such notice shall contain the name of the plaintiff, the name of the court in which the action is to be commenced, the nature of the claim, the time and place such application will be made, and shall inform the defendant that he is entitled to be present and be heard at said time and place if he objects to the granting of said application. A copy of said notice and a certificate of the person sending or delivering said notice shall be evidence thereof. Notwithstanding the preceding provisions relating to notice, if said justice, associate justice or special justice finds in his discretion that compliance with said provisions relating to notice will unreasonably delay and hinder justice, he may authorize the attachment with a shorter notice, or without notice, to the defendant. The provisions of this paragraph shall not apply to actions for trustee process to enforce support obligations pursuant to section thirty-six A of chapter two hundred and eight.