Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 2614 (2026)

Trustee not appearing defaulted

✓ current as of May 2026

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When a person summoned as trustee neglects to appear and answer to the action, the trustee must be defaulted and adjudged trustee to the extent that such a person holds goods, effects or credits of the principal defendant otherwise available to satisfy the unsatisfied portion of final judgment. Nothing in this section limits the additional remedies available under this chapter for the trustee's failure to disclose, including the assessment of costs under section 2701 or, in a proper case, contempt. [PL 2003, c. 149, §7 (AMD).]

SECTION HISTORY

PL 2003, c. 149, §7 (AMD).

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1987–2021 · leading case: Levine v. Keybank Nat'l Ass'n, 2004 ME 131 (Me. 2004).

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Levine v. Keybank Nat'l Ass'n, 2004 ME 131 (Me. 2004). · cites it 6× “4B(j) and 55(c), and challenges the application and constitutionality of 14 M.R.S.A. § 2614 (2003). 1 Levine cross-appeals from the judgment, challenging the court’s conclusion that Levine was only entitled to a portion of the amount due under a severance agreement he had with…”

Butler v. D/Wave Seafood, 2002 ME 41 (Me. 2002). · cites it 2× “[¶ 16] The trial court’s authority to grant a default judgment against KeyBank is grounded in 14 M.R.S.A. § 2614 (1980), which provides that: “[w]hen a person summoned as trustee neglects to appear and answer to the action, he shall be defaulted and adjudged trustee as alleged.”

In Re Maylin, 155 B.R. 605 (Bankr. D. Me. 1993). “In any event, the parties do not dispute that Lynn Maylin presently holds the funds owing Maylin, awaiting resolution of the pending proceedings so that she may pay them over to the proper party. 5 . Schedule A listed the payment as an interest in real property.”

Coombs v. Gov't Employees Ins., 534 A.2d 676 (Me. 1987). · cites it 2× “14 M.R.S.A. § 2614 (1980), however, expressly provides the sanction for failure to respond to the summons: “[w]hen a person summoned as trustee neglects to appear and answer to the action, he shall be defaulted and adjudged trustee as alleged.”

R.C. Moore, Inc. v. Les-Care Kitchens, Inc., 2007 ME 138 (Me. 2007). “” 14 M.R.S. § 2614 (2006). [¶ 24] Affirmative defenses must be stated in a responsive pleading pursuant to M.”

Sea Salt LLC v. Td Bank Na (D. Me. 2021). · cites it 8× “BACKGROUND Plaintiff filed a complaint on March 17, 2020, asserting claims, in relevant part, against Bellerose Investment Group, LLC (“BIG”).1 (Complaint, ECF No.”

Sea Salt LLC v. Bellerose (D. Me. 2020). · cites it 7× “(“Coinbase”) seek to set aside a default entered by the clerk in accordance with Federal Rule of Civil Procedure 55(a) and 14 M.R.S. § 2614 based on the Trustees’ alleged failure to answer a trustee summons.”

Sea Salt LLC v. Td Bank Na (D. Me. 2020). · cites it 3× “) In its opposition to the motions to dismiss and in support of its motion for leave to amend, Plaintiff “concedes that a violation of 14 M.R.S. § 2614 should be litigated in the underlying civil action because default against a trustee who fails to appear is an ancillary…”

R.C. Moore v. Les-Care Kitchens (Me. Super. Ct 2005). · cites it 5× “Under 14 M.R.S. § 2614, when an entity summonsedl as trustee fails to appear and answer, the trustee must be defaulted and adjudged trustee to the extent that such a person holds goods, effects or credits of the principal defendant otherwise available to satisfy the unsatisfied…”

Sea Salt LLC v. Td Bank Na (D. Me. 2021). · cites it 2× “4B(e) and 14 M.R.S. § 2614, 2701 and 2706,” Pl.’s Mot.”

Sea Salt LLC v. Bellerose (D. Me. 2021). · cites it 2× “4B(e) and 14 M.R.S. § 2614, 2701 and 2706,” Pl.’s Mot.”

The Sheridan Corp. v. DHF Assocs., LLC (Me. Super. Ct 2020). ““Nothing in this section limits the additional remedies available under this chapter for the trustee’s failure to disclose, including the assessment of costs under section 2701 or, in a proper case, contempt;” 14 M.R.S. § 2614. In other words, the default penalty of Section 2614…”

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