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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 12 : Court Procedure

Chapter 121 : TRUSTEE PROCESS

Subchapter 003 : PARTICULAR PROCEEDINGS

(Cite as: 12 V.S.A. § 3171)
  • § 3171. Service of order; liability of trustee

    (a) The order shall be served on the trustee at the request of the judgment creditor, and shall state the address of the judgment creditor to which amounts withheld are to be delivered, and the following warnings:

    (1) no employee may be discharged from employment on account of trustee process issued against earnings;

    (2) failure to withhold and deliver non-exempt earnings as directed herein may make you liable to the judgment creditor for the amounts you fail to withhold and deliver together with any costs, interest, and reasonable attorneys' fees incurred in their collection.

    (b) Any employer who fails to honor the order of the court shall be liable to the judgment creditor in the amounts that employer has failed to withhold and deliver together with any costs, interest, and reasonable attorneys' fees incurred in their collection. The judgment debtor shall have no additional liability for those costs, interest, or attorneys' fees.

    (c) As soon as reasonably practicable, the trustee shall notify the court and the judgment creditor of termination of the judgment debtor's employment.

    (d) Upon full satisfaction or payment of the debt upon which the judgment is based, the judgment creditor forthwith shall notify the employer of the judgment debtor, in writing, and the employer shall thereafter cease withholding from the earnings of the judgment debtor. (Added 1979, No. 67, § 2, eff. date, see note set out below.)