Trustee Process in Massachusetts - A Plaintiff's Tool for Seizing Bank Accounts
Massachusetts Civil Procedure Rule 4.2 outlines Trustee Process
Availability of Trustee Process. Subsequent to the commencement of any personal action under these rules trustee process may be used to secure satisfaction of the judgment for damages and costs which the plaintiff may recover,
The summons to a trustee is directed to the trustee, shall notify him that the bank account of the defendant in the hands of the trustee have been attached to the value of the amount authorized by the court andshall notify him of such bank account and shall direct him to pay over to the defendant the amount.
No trustee summons may be served unless attachment on trustee process for a specified amount has been approved by order of the court. The order of approval may be entered only after notice to the defendant and hearing and upon a finding by the court that there is a reasonable likelihood that the plaintiff will recover judgment, including interest and costs, in an amount equal to or greater than the amount of the trustee process has available to satisfy the judgment.
An action in which trustee process is sought may be commenced only by filing the complaint with the court, together with a motion for approval of attachment on trustee process.
Answer by Trustee; A trustee shall answer and disclose plainly, fully, and particularly what bank account funds of the defendant are in the possession of the trustee.
Hearings on Trustee Process. An order approving trustee process for a specific amount may be entered ex parte upon findings by the court that there is a reasonable likelihood that the plaintiff will recover judgment in an amount equal to or greater than the amount of the trustee process.
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