Section 40. If the goods, effects and credits in the hands of a person adjudged a trustee are not demanded of him by force of the execution within thirty days after final judgment, they shall be liable to another attachment, whether made before or after the judgment; or if there has been no such second attachment, they may be recovered by the defendant.
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