§2604. County where action brought; divorce; financial institution as trustee; counterclaim
If all the trustees live in the same county, the action must be brought there; if they reside in different counties, in any county in which one of them resides; and in a trustee process against a corporation, its residence is deemed to be in the county in which it has its established or usual place of business, held its last annual meeting or usually holds its meetings; except that an action in which a railroad corporation is named and alleged as trustee may be brought in any county in which the railroad corporation runs and operates its road; and except that an action in which a financial institution authorized to do business in this State or credit union authorized to do business in this State is named and alleged as trustee may be brought in any county in which the financial institution or credit union maintains a place of business. [PL 2003, c. 149, §4 (AMD).]
When trustee process is used in connection with the commencement of an action for divorce, the action must be brought in the county in which the court has jurisdiction over the parties named in the action, and the alleged trustee, although residing in another county, may be summoned to appear in the county in which the court has jurisdiction over the parties named in the action and must answer and make disclosure in that county. The court sitting therein shall have full power and authority to award from the funds found to be held by the alleged trustee and belonging to the defendant such sum or sums as it may deem proper as an award for alimony or in lieu thereof. [PL 2003, c. 149, §4 (AMD).]
When trustee process is used in connection with a counterclaim arising out of the transaction or occurrence that is the subject matter of the opposing party's claim, the alleged trustee may be summoned to appear in the county in which the action is pending, even though that trustee does not reside or maintain a usual place of business in that county. [PL 2003, c. 149, §4 (AMD).]
SECTION HISTORY
PL 2003, c. 149, §4 (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