§2602. Persons not to be adjudged trustees
No person shall be adjudged trustee:
1. Negotiable instruments. By reason of any negotiable bill, draft, note or other security drawn, accepted, made or indorsed by him, except in the cases provided in section 2629;
2. Collections by legal process. By reason of any money or other thing received or collected by him as an officer, by force of a legal process in favor of the principal defendant in the trustee process, although it has been previously demanded of him by the defendant;
3. Money held by officer, accountable to defendant. By reason of any money in his hands as a public officer for which he is accountable to the principal defendant;
4. Debts due defendant. By reason of any money or other thing due from him to the principal defendant unless, at the time of the service of the summons upon him, it is due absolutely and not on any contingency;
5. Debt due on a judgment. By reason of any debt due from him on a judgment while he is liable to an execution thereon;
6. Wages. By reason of any amount due from him to the principal defendant as wages for his personal labor or that of his wife or minor children. Moreover, wages of minor children and of women are not, in any case, subject to trustee process on account of any debt of parent or husband.
[PL 1971, c. 408, §2 (AMD).]
7. Debt paid. Where service was made on him by leaving a copy or a summons and before actual notice of such service or reasonable ground of belief that it was made, he paid the debt due to the principal defendant or gave his negotiable security therefor;
8. Board furnished Legislator. By reason of any amount due for board furnished a member of the Legislature while in attendance thereon;
9. Safe deposit box. By reason of the renting as a national bank, trust company, savings bank, savings and loan association, credit union or safe deposit company of any safe deposit box or on account of the contents thereof; and
[PL 1991, c. 386, §28 (AMD).]
10. Money deposited. By reason of any money deposited with him in a broker's trust account under Title 32, section 13178, except to the extent provided in that section.
[PL 1987, c. 395, Pt. A, §42 (AMD).]
SECTION HISTORY
PL 1965, c. 354 (AMD). PL 1967, c. 318 (AMD). PL 1971, c. 408, §2 (AMD). PL 1971, c. 468, §1 (AMD). PL 1987, c. 395, §A42 (AMD). PL 1991, c. 386, §28 (AMD).
Structure Maine Revised Statutes
TITLE 14: COURT PROCEDURE -- CIVIL
Part 5: PROVISIONAL REMEDIES; SECURITY
Subchapter 1: PROCEDURE BEFORE JUDGMENT
14 §2601. Actions in which trustee process used
14 §2602. Persons not to be adjudged trustees
14 §2602-A. Attorneys' liens; allegedly stolen property
14 §2603. Effect of service on trustee; service on partnership
14 §2604. County where action brought; divorce; financial institution as trustee; counterclaim
14 §2605. Definitions relating to venue
14 §2607. When trustees may appear for principal
14 §2608. Corporation as trustee; answer and disclosure
14 §2608-A. Service on financial institution as trustee
14 §2609. Taxes due corporation from defendant exempt
14 §2610. Nonresident adjudged trustee
14 §2611. Discharge of trustees; effect on principal
14 §2612. Trustee out of county may appear by attorney
14 §2613. Complaint considered true
14 §2614. Trustee not appearing defaulted
14 §2615. Questions of fact for court or jury
14 §2616. Disclosure of assignment of principal's claim
14 §2617. Principal defendant may testify
14 §2618. Form of judgment against principal and trustee
14 §2619. Executor or administrator liable as trustee; stockholders
14 §2620. Settling value as between principal and trustee
14 §2621. Part of goods taken; delivery of residue
14 §2623. Trustee process after commitment of debtor
14 §2624. Defendant summoned as trustee of plaintiff
14 §2625. Defendant in pending action summoned as trustee of plaintiff
14 §2626. Defendant not judged trustee after judgment in first action
14 §2627. Before final judgment, defendant judged trustee in other action
14 §2628. Money or thing trusteed before it is payable
14 §2629. Goods fraudulently conveyed, trusteed
14 §2630. Retention of pay due trustee; unliquidated damages excepted