Generally; Actions in Which Available; Persons and Property Subject to Trustee Process

V.S.A. tit. 12, ch. 121, subch. 1

in effect

12 V.S.A. § 3011 Actions

3011. Actions Trustee process may be used in any civil action commenced in a Superior Court except in actions for malicious prosecution, libel, slander, or alienation of affections. Amended 1971, No. 185 (Adj. Sess.), § 77, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 19, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 77.

12 V.S.A. § 3012 Tort actions; arrest

3012. Tort actions; arrest (a) [Repealed.] (b) A person against whom an action of tort is commenced by trustee process shall not be arrested or imprisoned on an execution issued on a judgment recovered in such action until final entry has been made with respect to all persons summoned as trustees, and until any judgment entered against any trustee has been satisfied or an execution issued thereon has been returned unsatisfied. However, execution against the body of the principal defendant may be issued within a year and a day after the latest final entry with respect to any person summoned as trustee. Amended 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

12 V.S.A. § 3013 Who may be summoned as trustee generally; property subject to process

3013. Who may be summoned as trustee generally; property subject to process A person or corporation, or the State of Vermont by service of process upon the State Treasurer, may be summoned as a trustee of the defendant. The goods, effects, or credits of the defendant which are in the hands of such trustee at the time of the service of the writ upon the trustee, or which come into the trustee’s hands or possession before disclosure, shall thereby be attached and held to respond to final judgment in the cause, except as hereinafter provided. Notwithstanding the foregoing, the State of Vermont may not be summoned as a trustee of the defendant for any tax refunds, credits, or rebates due the defendant under Title 32. Amended 1991, No. 186 (Adj. Sess.), § 33, eff. May 7, 1992.

12 V.S.A. § 3014 Maker or indorser of negotiable paper; exemptions

3014. Maker or indorser of negotiable paper; exemptions Negotiable paper may be attached by and the same shall be subject to the operation of the trustee process, unless the same had been negotiated and notice thereof given to the maker or indorser before the service of the trustee process on him or her. Negotiable paper, actually assigned, negotiated, and transferred, before it becomes due, to a bank, savings bank, savings institution, trust company, or insurance company, in the State, shall be exempt from attachment by trustee process.

12 V.S.A. § 3015 Executor or administrator

3015. Executor or administrator A debt or legacy due from an executor or administrator, and other goods, effects, or credits in his or her hands, may be attached by trustee process.

12 V.S.A. § 3016 Nonresidents summoned as trustees

3016. Nonresidents summoned as trustees A person shall not be summoned as a trustee, unless at the time of the service of the writ he or she resides in the State. However, debts due and owing from a person resident outside the State, or from a number of persons, part or all of whom reside outside the State, having an authorized agent resident in the State, may be attached and holden by trustee process. Service of such process upon such agent as provided for in service of writs of summons, shall be sufficient notice to such trustees as reside outside the State.

12 V.S.A. § 3017 Foreign railroad corporations as trustees

3017. Foreign railroad corporations as trustees A foreign railroad corporation, operating a railroad in whole or in part within this State, may be summoned as a trustee of a person to whom such corporation is indebted, in an action brought to recover a debt contracted within this State. Service of process in such cause may be made as provided in section 3016 of this title.

12 V.S.A. § 3018 Debts absolutely due, but not payable

3018. Debts absolutely due, but not payable Any money or other thing due the defendant may be attached by trustee process before it has become payable, provided it is due absolutely and without contingency. The trustee shall not be compelled to pay or deliver it before the time fixed by the contract.

12 V.S.A. § 3019 Debts contingent; judgment subject to execution

3019. Debts contingent; judgment subject to execution A person shall not be adjudged a trustee by reason of any money or other thing due from him or her to the principal defendant, unless it is due absolutely and without contingency at the time of the service of the writ upon him or her, or by reason of a debt due from him on a judgment, so long as he or she is liable to an execution on the judgment.

12 V.S.A. § 3020 Exemptions from trustee process generally

3020. Exemptions from trustee process generally The following named bodies corporate and persons shall not be liable or chargeable on trustee process: (1) A fire insurance company on account of a sum due from such company to the defendant in consequence of loss by fire of property exempt from attachment and execution; (2) A life insurance company by reason of having in its hands money not exceeding $500.00 due or payable under a policy of life insurance; (3) A person having in his or her hands monies due or belonging to the debtor, as his or her debenture as a member or officer of the General Assembly or as a petit or grand juror attending Superior Court; (4) A member of the General Assembly or officer of the State required to attend upon the General Assembly or to report thereto, upon a contract, express or implied, for board and lodging furnished to him or her by the principal debtor while attending the session of the General Assembly; (5) [Repealed.] (6) A person indebted for the services of a minor or married woman in an action against the parent of such minor or the husband of such married woman; (7) A corporation by reason of any money due from it to a person residing outside the State for services rendered outside the State, provided a like sum of money so due would be exempt from attachment by trustee process in the state where such person resides. (8) A person or corporation having in his, her, or its possession any goods, effects, or credits of a municipality, in any action or suit against such municipality as principal debtor or defendant. Amended 1966, No. 8 (Sp. Sess.); 1969, No. 87, eff. April 18, 1969; 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

12 V.S.A. § 3021 Debts reduced by sums owing defendant’s workmen

3021. Debts reduced by sums owing defendant’s workmen In all cases where a principal defendant is indebted to other persons for work done in the performance of a contract out of which the trustee’s indebtedness arises, there shall be exempt from the trustee process, on an action brought for the recovery of debts not incurred as above stated, such sum or sums as may be due from the principal defendant to such other persons for work done in the prosecution of such contract. The principal defendant shall cause to be summoned as claimants before the court in which an action so brought is pending, all such other persons to whom he or she is indebted for work so done.

12 V.S.A. § 3022 Assignment of future earnings; validity as against trustee process; recording

3022. Assignment of future earnings; validity as against trustee process; recording An assignment of future earnings shall not be valid against trustee process unless executed in writing and made to secure a debt of an amount therein stated, contracted prior to or simultaneously with the execution of the assignment, or a debt for necessaries to be thereafter furnished to the debtor to the amount therein stated. The assignment shall not be valid as to the trustee process unless it is recorded, before the service of the writ upon the alleged trustee, as follows: (1) In the office of the clerk of the town wherein the assignor resides, if he or she is a resident of this State, otherwise in the office of the clerk of the town wherein the employer of such assignor resides; or (2) In the office of the clerk of the town wherein the principal place of business of such employer is located, if such assignor is a nonresident and his or her employer is a resident corporation, partnership, or association; or (3) In the office of the Secretary of State, if the assignor is a nonresident and his or her employer is a nonresident individual, corporation, partnership, or association, authorized to do business in this State.

12 V.S.A. § 3023 Proceeds of property exempt from attachment

3023. Proceeds of property exempt from attachment Except as herein otherwise provided, a person shall not be liable on trustee process on account of a sum due or owing to the principal debtor for property sold or conveyed or delivered by him or her, which was exempt from attachment and execution at the time of the sale. If at the time the trustee process was commenced, the principal debtor was the owner of other property exempt from attachment and execution and of the same kind as that sold by him or her to the trustee, so far as such other property was free from encumbrance for the purchase money, the provisions of this section shall not apply.

12 V.S.A. § 3024 Debt for property in part exempt

3024. Debt for property in part exempt When the sum due or owing to the principal debtor is in part for property exempt from attachment and execution and in part for property not so exempt, the sum exempt from attachment by the trustee process shall be the value of the property so exempt from attachment and execution.

12 V.S.A. § 3025 Proceeds of exempt property held for taxes

3025. Proceeds of exempt property held for taxes Sections 3023 and 3024 of this title shall not apply to a trustee process instituted for the collection of taxes.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/121Fetched: 10/21/2026