LD 586
pg. 1
LD 586 Title Page An Act To Clarify and Improve the Fairness of the Law of Trustee Process Page 2 of 5
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LR 1156
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §86, as corrected by RR 2001, c. 2, Pt. B, §2 and
affected by §58, is amended by adding at the end a new
paragraph to read:

 
For filing and recording a designated office for service of
trustee process under Title 14, section 2608-A, $25.

 
Sec. 2. 14 MRSA §2603 is amended to read:

 
§2603. Effect of service on trustee; service on

 
partnership

 
Service on the trustee binds all goods, effects or credits
of the principal defendant entrusted to and deposited in his
the trustee's possession, to respond to the final judgment in
the action, as when attached by ordinary process if process
describing the principal defendant with reasonable certainty
is received at a time and in a manner that affords the trustee
a reasonable opportunity to act on it. When a partnership is
made a trustee on trustee process, service upon one member of
the firm shall be is a sufficient attachment of the property
of the principal defendant in the possession of the firm,
provided such if that service be is made at any place of
business of the firm or, if such that service is made
elsewhere, that legal service be is afterward made upon the
other members of the firm.

 
Sec. 3. 14 MRSA §2604 is amended to read:

 
§2604. County where action brought; divorce; financial

 
institution as trustee; counterclaim

 
If all the trustees live in the same county, the action
shall must be brought there; if they reside in different
counties, in any county in which one of them resides; and in a
trustee process against a corporation, its residence shall be
is deemed to be in the county in which it has its established
or usual place of business, held its last annual meeting or
usually holds its meetings; except that an action in which a
railroad corporation is named and alleged as trustee may be
brought in any county in which said the railroad corporation
runs and operates its road; and except that an action in which
a banking financial institution is named and alleged as
trustee may be brought in any county in which said banking the
financial institution maintains a place of business. Service
may be made on the manager of such banking institution in the
county having jurisdiction over the parties named in the
action.


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