What is Trustee Process in Massachusetts?
Full Question:
Answer:
Process by foreign attachment is a procedure or legal process by which a third party, rather than the creditor, attaches a debtor's property. It is similar to garnishment. In Massachusetts this is referred to as trustee process and the garnishee is called the trustee.
In Massachusetts, trustee process refers to a procedure or legal process by which a third party, rather than the creditor, attaches a debtor's property. Trustee process is similar to Garnishment. In Massachusetts the third person or garnishee is referred to as the trustee.
Attachment by trustee process is made for the purpose of "holding property of another against his will to answer for a debt due the plaintiff." [In re Brauer, 452 Mass. 56, 60 (Mass. 2008)]
If you fail to appear, a default judgment may be obtained. It is important to file a proper response and/or motion after receiving a summons to avoid having a default judgment entered on your records. A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Therefore, if you don't appear, the property they seek to attach may be taken. If you are unsure of the proper defense, we suggest you contact a local attorney who can review all the facts and documents involved.
When you appear, defenses may also be raised. An affirmative defense is a defense raised in a responsive pleading relating a new matter as a defense to the complaint. An affirmative defense can contain allegations against statements of facts contrary to those stated in the original complaint. Affirmative defenses may also include, among others, improper party, lack of personal jurisdiction, improper service, statute of limitations, etc.
See also:
http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp4-2.html
http://www.slideshare.net/MikeProsser/attachment-trustee-process-execution
