§2602. Persons not to be adjudged trustees

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).