Summons To Trustee Form. This is a Massachusetts form and can be use in State District Court Statewide.
Tags: Summons To Trustee, Massachusetts Statewide, State District Court
SUMMONS TO TRUSTEE (Mass. R. Civ. P. 4.2) DOCKET NUMBER Trial Court of Massachusetts District Court Department Civil Session COURT DIVISION PLAINTIFF NAME & ADDRESS PLAINTIFF ATTORNEY NAME & ADDRESS DEFENDANT NAME AND ADDRESS DEFENDANT ATTORNEY NAME & ADDRESS TRUSTEE NAME & ADDRESS DATE ON WHICH COMPLAINT IN THIS CASE WAS FILED DATE ATTACHMENT APPROVED ATTACHMENT AMOUNT $ SIGNATURE OF JUDGE APPROVING ATTACHMENT X TO THE ABOVE NAMED TRUSTEE: You are hereby summoned and required to file, within 20 days after service of this summons upon you, exclusive of the day of service, an answer under oath disclosing what goods, effects or credits, if any, of the defendant named above are in your hands or possession at the time of the service of this summons upon you which may be taken on execution issued upon said judgment, if any, as the above-named plaintiff may recover in an action brought against said defendant in the above-named court to the value of $ . Pursuant to a finding and order of the above named court, such non-exempted goods, effects or credits are hereby attached. If you fail to respond to this summons as required by law, judgment by default will be taken against you and you will be adjudged trustee as alleged. If the credits of the said defendant which are in your hands or possession include wages for personal labor or personal services of said defendant, you are hereby notified that an amount equal to the greater of 85 per cent of the defendant's gross wages or 50 times the Federal or Massachusetts hourly minimum wage for each week or portion thereof shall be exempt from this attachment and you are directed to pay over such exempted amount to said defendant in the same manner and at the same time as each amount would have been paid if this attachement had not been made. You are further notified that said defendant-employee may have a greater exemption under federal law than is granted under Massachusetts law. See Title III of the Federal Consumer Credit Protection Act, 15 U.S.C.A. § 1673. You are hereby notified, unless otherwise permitted by law, if said credits are reserved by you as Trustee for the above named defendant in a pension, as fully defined in G.L. c. 246, § 28, said amounts in a pension shall be exempt by law from attachment, and you are directed to pay over such exempted amounts to said defendant in the same manner and at the same time as each such amount would have been paid if this attachment had not been made. If you are a trust company, savings bank, cooperative bank, credit union, national banking association or any other banking institution doing business in the Commonwealth, and if the credits of said defendant in your hands include an account or accounts in the name of any natural person, you are hereby notified that pursuant to G.L. c. 246, § 28A, the sum of $2,500.00 owned by said defendant (if a natural person) is exempt from this attachment. No business, trust or organization shall be entitled to this exemption and no natural person shall be entitled to more than a $2,500.00 exemption at any one time. Pursuant to Mass. R. Civ. P. 4.2(f), the Court further orders that successive service of this summons may be had until the amount approved is so attached. DATE SUMMONS ISSUED TESTE OF FIRST JUSTICE CLERK-MAGISTRATE WITNESS: THIS SUMMONS IS VALID ONLY AFTER THE CLERK'S OFFICE, UPON RECEIPT OF THE REQUIRED $5.00 SUMMONS FEE, HAS AFFIXED TO IT THE COURT SEAL, THE NAME OF THE FIRST JUSTICE AND THE SIGNATURE OR FACSIMILE OF THE CLERK-MAGISTRATE. RETURN OF SERVICE: I certify that I served a copy of the within summons upon the within named trustee in the following manner: DATE & TIME SERVED SIGNATURE OF PERSON MAKING SERVICE TITLE OF PERSON MAKING SERVICE X INSTRUCTIONS TO PERSON MAKING SERVICE: (1) Promptly after service of the trustee summons upon the trustee, a copy of the trustee summons with your return must be served upon the defendant in the manner provided by Rule 5. (2) You must indicate the date you make service on the trustee on the copy served on the trustee, on the original returned to the court, and on the copy returned to the person requesting service or his attorney. 059 www.mass.gov/courts Date/Time Printed: 09-17-2012 17:25:51 American LegalNet, Inc. www.FormsWorkFlow.com