What is Trustee Process (Wage Attachment/Bank Attachment)?
Once a claim has first been reduced to judgment the Plaintiff can file trustee process. Trustee process is a procedure used to secure satisfaction of the judgment for damages and costs which the plaintiff may recover. The rules are found in Massachusetts Civil Procedure Rule 4.2.
What is the purpose for Trustee Process?Trustee process allows for recovering a Judgment balance from an unwilling Defendant. Less aggressive steps should be taken by Plaintiff through the legal system before trustee process is filed.
What are the benefits of Trustee Process?Payments could be received regularly and in certified funds by the Plaintiff
How much can be attached?By law, Plaintiff can only garnish up to 15% of non-exempt income through a Wage Attachment. If Defendant has three Wage Attachments, the total amount that can be withheld cannot surpass 15% overall. Bank Accounts are afforded a $2,500.00 exemption. Any amount greater can be held until a Motion to Charge Trustee is granted. All governmental payments are exempt.
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