SENATE, No. 795

By Mr. Creedon, a petition (accompanied by bill, Senate, No. 795) of Robert S. Creedon, Jr., Steven A. Baddour and Christine P. Barak for legislation relative to a second attachment of recovery by a defendant. The Judiciary.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT relative to a second attachment of recovery by a defendant

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 246 of the General Laws is hereby amended by striking out section 40, appearing in the 2004 Official Edition, and inserting in place thereof the following section: -

SECTION 40.  If the goods, effects and credits in the hands of a person adjudged a trustee are not demanded of him by force of the trustee execution within thirty days after the date which appears on the trustee execution, they shall be liable to another attachment, whether made before or after said date; or if there has been no such second attachment, they may be recovered by the defendant.