Summons To Trustee {BMC0003}

BMC0003 - SUMMONS TO TRUSTEE (Mass. R. Civ. P. 4.2). This form is used in the Trial Court of Massachusetts, Boston Municipal Court Department to notify a third party—known as the trustee—that they may be in possession of property, funds, or credits belonging to the defendant in a civil case. This form is typically part of a trustee process, a legal mechanism that allows a plaintiff to attach or "freeze" assets held by a third party (such as an employer, bank, or financial institution) to secure a potential future judgment against the defendant. The trustee is required to respond under oath within 20 days of service, disclosing any such assets or funds. If the trustee holds any wages or other forms of personal income, the form explains the statutory exemptions that apply—such as a percentage of wages that cannot be attached or funds held in pension or bank accounts that are protected under Massachusetts and federal law. The trustee must continue to pay exempted funds to the defendant as though no attachment had been made. Failure to respond may result in a default judgment against the trustee, who would then be liable for the amount in question. The form must be properly served, and proof of service must be returned to the court, including notice to the defendant. www.FormsWorkflow.com