What is Trustee Process in Massachusetts?

Q: Do I need an attorney for an ex parte attachment hearing?

While you can represent yourself, it is advisable to consult with an attorney for an ex parte attachment hearing. An attorney can help you understand your rights, present defenses, and navigate the legal process more effectively.

Q: What is a trustee process in Massachusetts?

In Massachusetts, a trustee process allows creditors to attach a debtor's property held by a third party, such as a bank. This legal mechanism helps creditors secure payment for debts by placing a hold on the debtor's assets that are in the possession of another party.

Q: What defenses can I raise against an ex parte attachment?

You can raise several defenses against an ex parte attachment, such as claiming improper service, lack of personal jurisdiction, or that the attachment is against the wrong party. Addressing these defenses in court is crucial to protect your interests.

Full question:

I HAVE HAD AN ATTACHMENT PLACED ON MY HOME BY A CREDITOR BY AN ATTY.FROM mASS FOR $10k AND NOW I WAS SERVED WITH A MOTION TOATTACH MY BANK ACCOUNT 'ON TRUSTEE PROCESS',SOMETHING CALLED AN 'EX PARTE ATTACHMENT ON TRUSTEE PROCESS 'ON GOODS,EFFECTS OR CREDITS OF DEFENDANT DEPOSITED IN THE HANDS OF bANK OF aMERICA(i HAVE NOTHING IN THE HANDS OF bANK OF aMERICA,BY THE WAY)_AND i HAVE BEEN ADVISED TO APPEAR IN COURT ON A DATE NOTED.SHOULD i APPEAR?WHAT CAN HAPPEN IF I DO NOT APPEAR?dO I NEED AN ATTORNEY FOR THIS

Category: Debts and Credit
Subcategory: Garnishment
Date: 04/07/2025
State: Massachusetts

Answer:

Process by foreign attachment is a procedure or legal process by which a third party, rather than the creditor, attaches a debtor's property. It is similar to garnishment. In Massachusetts this is referred to as trustee process and the garnishee is called the trustee.

In Massachusetts, trustee process refers to a procedure or legal process by which a third party, rather than the creditor, attaches a debtor's property. Trustee process is similar to Garnishment. In Massachusetts the third person or garnishee is referred to as the trustee.

Attachment by trustee process is made for the purpose of "holding property of another against his will to answer for a debt due the plaintiff." [In re Brauer, 452 Mass. 56, 60 (Mass. 2008)]

If you fail to appear, a default judgment may be obtained. It is important to file a proper response and/or motion after receiving a summons to avoid having a default judgment entered on your records. A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Therefore, if you don't appear, the property they seek to attach may be taken. If you are unsure of the proper defense, we suggest you contact a local attorney who can review all the facts and documents involved.

When you appear, defenses may also be raised. An affirmative defense is a defense raised in a responsive pleading relating a new matter as a defense to the complaint. An affirmative defense can contain allegations against statements of facts contrary to those stated in the original complaint. Affirmative defenses may also include, among others, improper party, lack of personal jurisdiction, improper service, statute of limitations, etc.

FAQs

What happens if I don't appear in court for an ex parte attachment?

If you do not appear in court for an ex parte attachment, the creditor may obtain a default judgment against you. This could allow them to seize any property they are trying to attach, even if you believe you have no funds in your bank account. It's important to respond to the court summons to protect your rights.