§ 3171. Service of order; liability of trustee
(a) The order shall be served on the trustee at the request of the judgment creditor, and shall state the address of the judgment creditor to which amounts withheld are to be delivered, and the following warnings:
(1) no employee may be discharged from employment on account of trustee process issued against earnings;
(2) failure to withhold and deliver non-exempt earnings as directed herein may make you liable to the judgment creditor for the amounts you fail to withhold and deliver together with any costs, interest, and reasonable attorneys’ fees incurred in their collection.
(b) Any employer who fails to honor the order of the court shall be liable to the judgment creditor in the amounts that employer has failed to withhold and deliver together with any costs, interest, and reasonable attorneys’ fees incurred in their collection. The judgment debtor shall have no additional liability for those costs, interest, or attorneys’ fees.
(c) As soon as reasonably practicable, the trustee shall notify the court and the judgment creditor of termination of the judgment debtor’s employment.
(d) Upon full satisfaction or payment of the debt upon which the judgment is based, the judgment creditor forthwith shall notify the employer of the judgment debtor, in writing, and the employer shall thereafter cease withholding from the earnings of the judgment debtor. (Added 1979, No. 67, § 2, eff. date, see note set out below.)
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