Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 3016 (2026)

✓ current as of May 2026

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Subchapter 001 : GENERALLY; ACTIONS IN WHICH AVAILABLE; PERSONS AND PROPERTY SUBJECT TO TRUSTEE PROCESS

(Cite as: 12 V.S.A. § 3016)

§ 3016. Nonresidents summoned as trustees

A person shall not be summoned as a trustee, unless at the time of the service of the writ he or she resides in the State. However, debts due and owing from a person resident outside the State, or from a number of persons, part or all of whom reside outside the State, having an authorized agent resident in the State, may be attached and holden by trustee process. Service of such process upon such agent as provided for in service of writs of summons, shall be sufficient notice to such trustees as reside outside the State.

Notes of Decisions

Cited in 2 cases, 1970–1993 · leading case: Poston v. Poston, 657 A.2d 1076 (Vt. 1993).

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Poston v. Poston, 657 A.2d 1076 (Vt. 1993). “2d 992, 994 (1986) (“trustee’s indebtedness *593 to the judgment debtor is clearly subject to attachment”), and a nonresident’s debt may be attached so long as the debtor has an agent in this state, 12 V.S.A. § 3016 (“[Djebts due and owing from a person resident without the…”

Ricker v. Lajoie, 314 F. Supp. 401 (D. Vt. 1970). “, garnishment, despite the language of 12 V.S.A. § 3016, providing that a non-resident shall not be summoned as a trustee.”

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