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.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title IV - Certain Writs and Proceedings in Special Cases
Section 1 - Actions Maintainable; Trustees
Section 4 - Venue in District Courts
Section 4a - Change of Venue in District Courts
Section 4b - Venue in Actions to Enforce Support Orders
Section 5 - Trustee Summons; Service
Section 6 - Foreign Corporations; Service
Section 7 - Partnerships; Service
Section 8 - New Trustees; Successive Services
Section 9 - Proceedings if Trustees Discharged
Section 10 - Answer; Filing; Contents
Section 11 - Answer Under Oath; Written Declarations
Section 12 - Interrogatories; Answer
Section 13 - Discharge of Trustees
Section 14 - Admissions by Trustees; Interrogatories
Section 15 - Corporations; Appearance and Answer
Section 17 - Questions of Fact; Trial
Section 18 - Default of Trustee
Section 19 - False Answers; Penalty
Section 20 - Effect of Attachment
Section 22 - Liability as Trustee of Assignee in Insolvency
Section 23 - Liability of Receivers
Section 24 - Money, etc., Due but Not Payable; Attachment
Section 25 - Conveyances Void as to Creditors; Persons Having Property as Trustees
Section 26 - Mutual Demands Between Trustee and Defendant; Liability of Trustee
Section 27 - Liability of Trustee Before Knowledge of Service
Section 28 - Wages and Pensions; Exemptions; Exceptions
Section 28a - Monies Held by Banks or Similar Institutions; Exemption; Limitations
Section 29 - Offer of Judgment; Costs
Section 30 - Attaching Exempt Wages; Penalty
Section 31 - Bonds; Savings Banks as Trustees
Section 32 - Claims Not Attachable by Trustee Process
Section 33 - Claims by Third Persons
Section 34 - Assignments as Security for Debts
Section 35 - Actions Pending by Defendant Against Trustees; Continuance
Section 36 - Actions Not Continued; Liability of Judgment Debtor as Trustee
Section 37 - Defendant in Pending Action Adjudged Trustee; Proceedings
Section 38 - Counterclaim by Defendant in Pending Action; Proceedings
Section 39 - Form of Judgment Charging Trustee
Section 40 - Second Attachment; Recovery by Defendant
Section 41 - Liability of Trustee After Thirty Days
Section 42 - Demand on Absent Trustee; Service
Section 43 - Effect of Judgment Against Trustee
Section 44 - Discharge of Trustee; Actions by Defendant
Section 45 - Action to Satisfy Judgment Upon Default of Trustee
Section 46 - Default of Trustee; Judgment in Absence of Answer or Examination in Original Action
Section 47 - Default of Trustee; Judgment in Case of Answer or Examination in Original Action
Section 48 - Appearance of Trustee; Proceedings; Judgments
Section 50 - Death of Trustee Before Judgment Satisfied
Section 51 - Death of Trustee Before Judgment; Proceedings; Prior Examination of Deceased
Section 52 - Default Judgments; Payments
Section 53 - Death of Trustee After Judgment
Section 54 - Death Within Thirty Days After Judgment
Section 55 - Service of Execution
Section 56 - Failure of Executor or Administrator to Pay Amount Charged; Remedies
Section 57 - Proceedings if Trustee Is Charged for Specific Property
Section 58 - Determination of Value of Property Delivered
Section 59 - Delivery of Specific Property According to Contract
Section 60 - Property Held by Trustee as Security; Tender by Attaching Creditor
Section 61 - Property Held for Other Than Security Purposes
Section 62 - Property Received by Officer; Disposal; Proceeds
Section 63 - Sale by Trustee of Property Held for Security
Section 64 - Failure of Trustee to Deliver Property
Section 65 - Common Carriers as Trustees; Liability for Nondelivery
Section 66 - Bonds; Persons Entitled to File
Section 67 - Delivery of Property by Trustee; Limitation of Action on Bond
Section 68 - Allowable to Trustee
Section 69 - Payable Out of Effects
Section 70 - Payable by Plaintiff
Section 71 - Persons Absent From Commonwealth
Section 72 - Persons Out of County
Section 73 - Trustees Neglecting to Appear; Liability for Costs
Section 74 - Recovery of Costs
Section 75 - Several Trustees; Liability for Costs
Section 76 - Actions Against Trustees
Section 77 - Action Against Defaulting Trustee; Liability for Costs
Section 78 - Action Against Defaulting Trustee; Costs, Nonliability, Recovery Precluded
Section 79 - Action Against Defaulting Trustee; Costs, Nonliability, Recovery
Section 80 - Action Against Defaulting Trustee; Execution Against Trustee for Costs
Section 81 - Action Against Several Defaulting Trustees; Liability for Costs