§ 3143. Fraudulent conveyance and assignment—Trustee with title void as to creditors; examination
When a person summoned as a trustee has in his or her possession goods, effects, or credits of the defendant, which he or she holds by a conveyance or title void as to the creditors of the defendant, he or she may be adjudged a trustee on account thereof, although the defendant could not have maintained an action therefor against him or her; and, in its discretion, the court may order a person so summoned to appear personally before the court and submit to an oral examination.
Structure Vermont Statutes
§ 3013. Who may be summoned as trustee generally; property subject to process
§ 3014. Maker or indorser of negotiable paper; exemptions
§ 3015. Executor or administrator
§ 3016. Nonresidents summoned as trustees
§ 3017. Foreign railroad corporations as trustees
§ 3018. Debts absolutely due, but not payable
§ 3019. Debts contingent; judgment subject to execution
§ 3020. Exemptions from trustee process generally
§ 3021. Debts reduced by sums owing defendant’s workmen
§ 3022. Assignment of future earnings; validity as against trustee process; recording
§ 3023. Proceeds of property exempt from attachment
§ 3024. Debt for property in part exempt
§ 3025. Proceeds of exempt property held for taxes
§ 3062. Default of trustee—Adjudgment as trustee
§ 3063. Amount of judgment; execution
§ 3064. Sworn disclosure; general denial; examination; discharge
§ 3065. Admission; statement of facts
§ 3066. Answers and statements of trustee not conclusive
§ 3067. Trial of issues by jury or court
§ 3068. Disclosure before judge in Superior Court action
§ 3069. Corporations summoned as trustees
§ 3070. Commissioners—Appointment
§ 3071. Powers and duties of commissioner
§ 3072. Taking and return of disclosure
§ 3073. Judgment on disclosure and commissioner’s report
§ 3074. Disclosure not evidence in a prosecution
§ 3075. Value less than $10.00; discharge of trustee; costs
§ 3076. Trustee liable only for balance due
§ 3077. Payments by trustee after service
§ 3078. Judgment on money demands—Amount; when payable
§ 3079. Liability of trustee on failure to pay
§ 3080. Execution against trustee
§ 3081. Judgment against trustee; effect on defendant’s demand
§ 3082. Discharge of trustee; effect on defendant’s demand
§ 3083. Costs—Allowed to trustee
§ 3084. Retention out of funds in trustee’s hands
§ 3085. Retention of property until costs paid
§ 3086. Judgment for costs of discharged trustee
§ 3087. Recognizance for trustee’s costs
§ 3088. Plaintiff’s costs not to exceed damages
§ 3121. Specific property—Delivery to officer; sale; application of proceeds
§ 3122. Value as between trustee and defendant
§ 3123. Contract as to delivery; tender
§ 3124. Delivery of tendered property to officer
§ 3125. Payment of trustee’s claim by creditor
§ 3126. Performance of contract or condition by creditor
§ 3127. Reimbursement of creditor from proceeds of sale
§ 3128. Disposal of property by trustee before payment or tender
§ 3129. Trustee’s liability on refusal to deliver property
§ 3130. Trustee not liable for destruction of property without his or her fault
§ 3131. Defense of trustee sued for not delivering property
§ 3132. Claims of third persons—Appearance; notice
§ 3133. Third person as party; recognizance; trial of title
§ 3135. Death of trustee—Attachment not discharged; liability of representative
§ 3136. Representative may appear or be cited
§ 3137. Default for nonappearance after notice
§ 3138. Representative to pay on execution if trustee dies after judgment
§ 3139. Plaintiff’s remedy when representative does not pay
§ 3140. Pending action against trustee—Action to proceed; continuance for judgment
§ 3141. Application for continuance; effect of denial
§ 3142. Payment made on judgment in trustee action allowed
§ 3143. Fraudulent conveyance and assignment—Trustee with title void as to creditors; examination
§ 3144. Execution against trustee; arrest
§ 3145. Validity of sale or assignment may be inquired into
§ 3146. Mortgagor of personal property summoned as trustee of mortgagee—Mortgagee defined
§ 3147. Attachment of mortgagee’s interest
§ 3148. Held to satisfy execution against trustee
§ 3149. Mortgagee not to sell attached property
§ 3150. Purchaser’s title in property sold on execution
§ 3151. Trustee may file bond and sell property
§ 3152. Mortgagee may file bond and release property
§ 3154. Court to decide to whom judgment belongs
§ 3155. Proceedings if judgment belongs to assignee
§ 3166. Compensation assignments, employer acceptance required
§ 3167. Enforcement of money judgments; trustee process against earnings
§ 3168. Motion for issuance of trustee process; scheduling and notice of hearing
§ 3169. Hearing on motion; findings; order
§ 3170. Exemptions; issuance of order