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#2049930 - 11/16/15 08:49 PM Summons to Trustee with Successive Service?
WestKerryGirl Offline
Junior Member
Joined: Dec 2013
Posts: 39
We have a trustee summons which we know attaches only the goods, effects, or credits of the debtor that are in the possession of the trustee at the time of service, but the box Successive Service is checked :G.L. c. 246, § 8 permits successive service of the original trustee summons in order to attach additional property that comes into the hands of the trustee after the initial service. Mass. R. Civ. P. 4.2(f).

I have several questions related to the Successive Service:

Do we automatically hold bank assets for the next 30 days and include the total in the answer? Or will we be served again past the initial summons? Do we notice the customer of the summons we received today or not if it's subject to successive service?

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#2049984 - 11/17/15 12:41 AM Re: Summons to Trustee with Successive Service? WestKerryGirl
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
After reading the law, I believe you don't treat the summons any differently. You will receive a separate service for each summons in the series, and you treat each of them separately. Check with bank counsel for further info.
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John S. Burnett
BankersOnline.com
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#2050055 - 11/17/15 04:20 PM Re: Summons to Trustee with Successive Service? WestKerryGirl
WestKerryGirl Offline
Junior Member
Joined: Dec 2013
Posts: 39
Thanks John I appreciate the information and advice.

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