LD 586
pg. 2
Page 1 of 5 An Act To Clarify and Improve the Fairness of the Law of Trustee Process Page 3 of 5
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LR 1156
Item 1

 
When trustee process is used in connection with the
commencement of an action for divorce, the action must be
brought in the county in which the court has jurisdiction over
the parties named in the action, and the alleged trustee,
although residing in another county, may be summoned to appear
in the county in which said the court has jurisdiction over
the parties named in the action and must answer and make
disclosure in such that county. The court sitting therein
shall have full power and authority to award from the funds
found to be held by the alleged trustee and belonging to the
defendant such sum or sums as it may deem proper as an award
for alimony or in lieu thereof.

 
When trustee process is used in connection with a
counterclaim arising out of the transaction or occurrence that
is the subject matter of the opposing party's claim, the
alleged trustee may be summoned to appear in the county in
which the action is pending, even though he that trustee does
not reside or maintain a usual place of business in that
county.

 
Sec. 4. 14 MRSA §2608 is amended to read:

 
§2608. Corporation as trustee; answer and disclosure

 
All Except as provided in section 2608-A, all domestic
corporations and all foreign or alien companies or
corporations established by the laws of any other state or
country and having a place of business or doing business
within this State may be summoned as trustees, and trustee
summonses may be served on them as other process is served on
any such companies or corporations. They may answer by
attorney or agent and make disclosures, which shall must be
signed and sworn to by such an attorney or agent or such other
another person upon whom legal service of the summons may be
made. The same proceedings shall must thereupon be had
throughout except necessary changes in form, as in other cases
of foreign attachment.

 
Sec. 5. 14 MRSA §2608-A is enacted to read:

 
§2608-A.__Service on financial institution as trustee

 
Service of trustee process on a financial institution
authorized to do business in this State, as defined in Title
9-B, section 131, is effected by one of the following means:

 
1.__Designated office.__Personal service by any lawful means
upon the office designated by the financial institution for
service of trustee process in a registry maintained for this
purpose by the Secretary of State; or


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