§ 9-25-24 - Trustee's affidavit as to want of notice, accident, mistake, or excusable neglect.
SECTION 9-25-24
§ 9-25-24 Trustee's affidavit as to wantof notice, accident, mistake, or excusable neglect. – If any person named as the trustee of a defendant, who shall have been chargedas trustee by reason of his or her default, shall make affidavit as to whetheror not he or she had personal property of the defendant in his or her hands orpossession at the time of the service of a writ in the action or suit upon himor her, and stating the amount or articles, if any, so in his or her hands, andthat he or she failed to file an affidavit therein before he or she was chargedby the court as the trustee of the defendant, either from want of actual noticeof the service of the writ, or by accident, mistake, or excusable neglect, andshall give the affidavit to the officer charged with the service of theexecution, who shall annex the affidavit to his or her return on the execution,or, if execution has not issued, if the person shall file the affidavit in thecourt in which he or she has been charged, with the clerk, if there is a clerk,otherwise with the justice thereof, and shall pay to the officer, clerk, orjustice, respectively, the money paid for his or her attendance at the time ofthe service of the writ, and another like sum, and, in case execution hasissued, shall pay to the officer the sum stated in his or her affidavit to beso in his or her hands, if any, or so much thereof as may be necessary tosatisfy the execution, or, if the property in his or her hand as disclosed byhis or her affidavit consists of specific articles, shall then deliver thearticles to the officer, no further proceeding shall be commenced against thetrustee, except as is provided in § 10-17-14 in case of a false answer oraffidavit by the person summoned as trustee, and the officer shall pay themoney paid to him or her by the trustee to the plaintiff, or take the specificarticles on the execution.