Me. Rev. Stat. » Title 14
Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 2602 (2026)

Persons not to be adjudged trustees

✓ current as of May 2026
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No person shall be adjudged trustee:  
1.  Negotiable instruments.  By reason of any negotiable bill, draft, note or other security drawn, accepted, made or indorsed by him, except in the cases provided in section 2629;  
2.  Collections by legal process.  By reason of any money or other thing received or collected by him as an officer, by force of a legal process in favor of the principal defendant in the trustee process, although it has been previously demanded of him by the defendant;  
3.  Money held by officer, accountable to defendant.  By reason of any money in his hands as a public officer for which he is accountable to the principal defendant;  
4.  Debts due defendant.  By reason of any money or other thing due from him to the principal defendant unless, at the time of the service of the summons upon him, it is due absolutely and not on any contingency;  
5.  Debt due on a judgment.  By reason of any debt due from him on a judgment while he is liable to an execution thereon;  
6.  Wages.  By reason of any amount due from him to the principal defendant as wages for his personal labor or that of his wife or minor children. Moreover, wages of minor children and of women are not, in any case, subject to trustee process on account of any debt of parent or husband.  
[PL 1971, c. 408, §2 (AMD).]
7.  Debt paid.  Where service was made on him by leaving a copy or a summons and before actual notice of such service or reasonable ground of belief that it was made, he paid the debt due to the principal defendant or gave his negotiable security therefor;  
8.  Board furnished Legislator.  By reason of any amount due for board furnished a member of the Legislature while in attendance thereon;  
9.  Safe deposit box.  By reason of the renting as a national bank, trust company, savings bank, savings and loan association, credit union or safe deposit company of any safe deposit box or on account of the contents thereof; and  
[PL 1991, c. 386, §28 (AMD).]
10.  Money deposited.  By reason of any money deposited with him in a broker's trust account under Title 32, section 13178, except to the extent provided in that section.  
[PL 1987, c. 395, Pt. A, §42 (AMD).]
SECTION HISTORY
PL 1965, c. 354 (AMD). PL 1967, c. 318 (AMD). PL 1971, c. 408, §2 (AMD). PL 1971, c. 468, §1 (AMD). PL 1987, c. 395, §A42 (AMD). PL 1991, c. 386, §28 (AMD).
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Notes of Decisions
Cited in 7 cases, 1973–2020 · leading case: Sprague v. Washburn, 447 A.2d 784 (Me. 1982).
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Sprague v. Washburn, 447 A.2d 784 (Me. 1982). · cites it 18× “Whynott as trustee, [4] the motions stating as their sole ground the following: Said property of defendant is in custodia legis and not subject to attachment or trustee process, and public officers are not to be adjudged trustees, according to law, and more particularly…”
Loyal Erectors, Inc. v. Hamilton & Son, Inc., 312 A.2d 748 (Me. 1973). · cites it 4× “In the Court below, the principal defendant (Hamilton), by motion properly served on the plaintiff, sought the discharge of Ford as trustee, on the ground that the principal defendant’s credits with Ford at the time of service of the trustee process were contingent claims only…”
Coombs v. Gov't Employees Ins., 534 A.2d 676 (Me. 1987). · cites it 2× “GEICO contends, however, that notwithstanding the provisions of section 2614 there are certain persons who cannot be adjudged trustee under 14 M.R.S.A. § 2602 (1980) and that GEICO falls either within section 2602(5) or (7).”
First Nat'l Bank of Boston v. New England Sales, Inc., 629 A.2d 1230 (Me. 1993). “See 14 M.R.S.A. § 2602(1). Consequently, the court erred in finding that the Corporation was under a duty to stop payment and that the amount of the check was subject to trustee process.”
Land Inv., Inc. v. Murphy, 384 A.2d 454 (Me. 1978). “” 14 M.R.S.A. § 2602(4) (1964). Only then can the Superior Court determine whether Liberty should be adjudged a trustee.”
Clavet v. Dean (Me. Super. Ct 2020). “] 14 M.R.S. § 2602(4). The parties argue about whether the funds available under the HELOC (nearly a million dollars) are "due absolutely" or on "any contingency.”
Pine State Trading Co. v. Winn Gen. Store (Me. Super. Ct 2008). “" 14 M.R.S.A. § 2602(4). The plaintiff argues that section 2602(4) applies only to debts owed by a trustee to a principal defendant.”
— Me. Rev. Stat. tit. 14, § 2602(1) — 1 case
First Nat'l Bank of Boston v. New England Sales, Inc., 629 A.2d 1230 (Me. 1993). “See 14 M.R.S.A. § 2602(1). Consequently, the court erred in finding that the Corporation was under a duty to stop payment and that the amount of the check was subject to trustee process.”
— Me. Rev. Stat. tit. 14, § 2602(3) — 1 case
Sprague v. Washburn, 447 A.2d 784 (Me. 1982). “Whynott as trustee, [4] the motions stating as their sole ground the following: Said property of defendant is in custodia legis and not subject to attachment or trustee process, and public officers are not to be adjudged trustees, according to law, and more particularly…”
— Me. Rev. Stat. tit. 14, § 2602(4) — 4 cases
Loyal Erectors, Inc. v. Hamilton & Son, Inc., 312 A.2d 748 (Me. 1973). “In the Court below, the principal defendant (Hamilton), by motion properly served on the plaintiff, sought the discharge of Ford as trustee, on the ground that the principal defendant’s credits with Ford at the time of service of the trustee process were contingent claims only…”
Land Inv., Inc. v. Murphy, 384 A.2d 454 (Me. 1978). “” 14 M.R.S.A. § 2602(4) (1964). Only then can the Superior Court determine whether Liberty should be adjudged a trustee.”
Clavet v. Dean (Me. Super. Ct 2020). “] 14 M.R.S. § 2602(4). The parties argue about whether the funds available under the HELOC (nearly a million dollars) are "due absolutely" or on "any contingency.”
Pine State Trading Co. v. Winn Gen. Store (Me. Super. Ct 2008). “" 14 M.R.S.A. § 2602(4). The plaintiff argues that section 2602(4) applies only to debts owed by a trustee to a principal defendant.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.