reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-6. - Setoff of executions.

§ 9-26-6. Setoff of executions.
If any officer shall, at the same time, have two or more executions delivered to him or her to serve, in which the parties shall be reversed, and shall sue and be sued in the same right and capacity, he or she shall set off the debts or damages in the actions and levy and collect the balance only that shall remain due thereon, with the costs on all the executions.
History of Section.
C.P.A. 1905, § 626; G.L. 1909, ch. 304, § 3; G.L. 1923, ch. 355, § 3; G.L. 1938, ch. 553, § 3; G.L. 1956, § 9-26-6; P.L. 1997, ch. 326, § 73.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-7. - Mortgaged personal property.

§ 9-26-7. Mortgaged personal property.
Personal estate, when mortgaged and in the possession of the mortgagor, and while the mortgage is redeemable either at law or in equity, may be levied on by execution against the mortgagor in the same manner as on his or her unincumbered personal estate.
History of Section.
C.P.A. 1905, § 627; G.L. 1909, ch. 304, § 4; G.L. 1923, ch. 355, § 4; G.L. 1938, ch. 553, § 4; G.L. 1956, § 9-26-7.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-8. - Sale of mortgaged property.

§ 9-26-8. Sale of mortgaged property.
When levied on, whether by virtue of an attachment or otherwise, mortgaged property shall be sold by the officer as in other cases of levies on personal property on executions.
History of Section.
C.P.A. 1905, § 628; G.L. 1909, ch. 304, § 5; G.L. 1923, ch. 355, § 5; G.L. 1938, ch. 553, § 5; G.L. 1956, § 9-26-8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-9. - Proceeds of sale of mortgaged property.

§ 9-26-9. Proceeds of sale of mortgaged property.
The proceeds of the sale shall be applied to the payment of the amount due on the mortgage, with such deduction for interest for the anticipated payment, or allowance for damages for such anticipated payment, as may be ascertained and allowed by the court to which the execution is returnable, and the balance shall be applied to the payment of the amount due on the execution.
History of Section.
C.P.A. 1905, § 629; G.L. 1909, ch. 304, § 6; G.L. 1923, ch. 355, § 6; G.L. 1938, ch. 553, § 6; G.L. 1956, § 9-26-9.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-10. - Redemption of mortgaged property by plaintiff in execution.

§ 9-26-10. Redemption of mortgaged property by plaintiff in execution.
In case of such levy, the plaintiff in execution may redeem the mortgaged property in the same manner as the mortgagor might have done, and upon the redemption shall have the same lien on the property for the amount paid by him or her, with interest, as the mortgagee had.
History of Section.
C.P.A. 1905, § 630; G.L. 1909, ch. 304, § 7; G.L. 1923, ch. 355, § 7; G.L. 1938, ch. 553, § 7; G.L. 1956, § 9-26-10.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-11. - Attachment void unless mortgage redeemed or property sold.

§ 9-26-11. Attachment void unless mortgage redeemed or property sold.
If the mortgage is not redeemed by the plaintiff or sold as provided in § 9-26-8, before the time of redemption expires, the attachment shall become void.
History of Section.
C.P.A. 1905, § 631; G.L. 1909, ch. 304, § 8; G.L. 1923, ch. 355, § 8; G.L. 1938, ch. 553, § 8; G.L. 1956, § 9-26-11; P.L. 1997, ch. 326, § 23.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-12. - Retention of goods levied on by officer — Perishable goods.

§ 9-26-12. Retention of goods levied on by officer — Perishable goods.
In all cases when execution shall be levied on any goods or chattels, the goods and chattels shall be kept in the possession of the officer and shall be advertised at least ten (10) days before they shall be exposed and offered for sale, in order that the person who owned the goods or chattels may, if he or she think fit, pay the money due, together with the costs which shall have accrued thereon, and thereupon have his or her goods or chattels restored to him or her again; provided, that if the goods and chattels shall be of a quickly perishable nature, the officer levying execution thereon shall immediately notify the defendant or his or her agent thereof, and may obtain an order from the court, or any justice thereof, issuing the execution, to sell the goods and chattels at such time and in such manner as the court or justice may prescribe, and the order may be obtained at any time. Such an order to the officer may also be obtained by either party or his or her agent.
History of Section.
C.P.A. 1905, § 632; G.L. 1909, ch. 304, § 9; G.L. 1923, ch. 355, § 9; G.L. 1938, ch. 553, § 9; G.L. 1956, § 9-26-12.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-13. - Sale at auction — Surplus proceeds.

§ 9-26-13. Sale at auction — Surplus proceeds.
In case the owner shall not redeem them as provided in § 9-26-12, and in case they are not sold under special order, the officer shall sell the goods or chattels at public auction to the highest bidder, and in any case if any surplus shall remain after the debt or damages and costs and charges are paid, the surplus shall be delivered by the officer to the owner or to any person legally qualified on his or her behalf to receive the surplus.
History of Section.
C.P.A. 1905, § 633; G.L. 1909, ch. 304, § 10; G.L. 1923, ch. 355, § 10; G.L. 1938, ch. 553, § 10; G.L. 1956, § 9-26-13; P.L. 1997, ch. 326, § 23.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-14. - Recording of execution against real estate.

§ 9-26-14. Recording of execution against real estate.
Whenever execution is to be levied upon real estate or any interest therein, the officer charged with the service of the execution shall file with the recorder of deeds, if any, or with the town clerk or the city clerk of the town or city in which the real estate shall lie, a copy of the execution, with his or her doings thereon, together with a description of the real estate or interest therein to be so levied upon, and the recorder of deeds, if any, or the town clerk or city clerk shall note upon the copy of the execution the exact time, as nearly as may be, when the execution was filed in his or her office, and shall also enter in a book, to be kept by him or her for that purpose, the names of all the parties in the execution, including the name of any partnership set forth in the writ where any real property of a defendant whose property is being levied upon is held in a partnership name, the amount of the judgment, the time when the copy was filed in his or her office, and the name of the court to which and the time when the execution is returnable, and shall be entitled to demand and to receive from the officer a fee of fifty cents ($.50) in each case.
History of Section.
C.P.A. 1905, § 635; G.L. 1909, ch. 304, § 12; G.L. 1923, ch. 355, § 11, 12; P.L. 1932, ch. 1905, § 1; P.L. 1933, ch. 2032, § 1; G.L. 1938, ch. 553, § 11; G.L. 1956, § 9-26-14; P.L. 1985, ch. 93, § 2.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-15. - Recording effective as levy.

§ 9-26-15. Recording effective as levy.
The filing of the copy of the execution with the recorder of deeds, if any, or with the town clerk or city clerk, as provided in § 9-26-14, shall constitute and be deemed a good and sufficient levy upon the real estate or any interest therein so described upon the copy of the execution.
History of Section.
G.L. 1923, ch. 355, § 12; P.L. 1932, ch. 1905, § 1; P.L. 1933, ch. 2032, § 1; G.L. 1938, ch. 553, § 12; G.L. 1956, § 9-26-15.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-17. - Adjournment of sale.

§ 9-26-17. Adjournment of sale.
The officer may, for good cause, from time to time adjourn the sale of the real estate or of any interest therein levied on, giving one week’s notice thereof by publication in some public newspaper in the manner as provided in § 9-26-16.
History of Section.
C.P.A. 1905, § 636; G.L. 1909, ch. 304, § 13; G.L. 1923, ch. 355, §§ 13, 14; P.L. 1932, ch. 1905, § 1; P.L. 1933, ch. 2032, § 1; G.L. 1938, ch. 553, § 14; G.L. 1956, § 9-26-17; P.L. 1997, ch. 326, § 23.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-18. - Sale after return day of execution.

§ 9-26-18. Sale after return day of execution.
The sale shall be made under the execution levied thereon, although the return day thereof may have passed.
History of Section.
C.P.A. 1905, § 638; G.L. 1909, ch. 304, § 15; G.L. 1923, ch. 355, § 15; G.L. 1938, ch. 553, § 15; G.L. 1956, § 9-26-18.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-19. - Form of deed on execution sale.

§ 9-26-19. Form of deed on execution sale.
(a)
The following shall be substantially the form of the deed to be given whenever real estate is levied upon and sold as provided in this chapter:
TO ALL PEOPLE TO WHOM THESE
PRESENTS SHALL COME.
send Greeting:
Whereas an execution against .......... at the suit of .......... was by me the said  .......... on the .......... day of .......... levied on (here describe the premises); and whereas on the .......... day of .......... all the estate, right, title, interest, and property of the said .......... in the premises aforesaid, were by me, the said .......... sold at public auction, for the satisfaction of the said execution, to .......... , who was the highest bidder, for the sum of .......... which the said  .......... hath since well and truly paid to me the said .......... : NOW KNOW YE, that by force and virtue of the law in such case made and provided, I, the said .......... in consideration of the sum of money paid unto me as aforesaid, do by these presents bargain, sell, assign, and set over unto the said .......... heirs and assigns forever, all the estate, right, title, interest, property, freehold, and inheritance of the said .......... of, in and to the said premises and appurtenances at the time of the levy thereon. TO HAVE AND TO HOLD the said premises and appurtenances to the said .......... heirs and assigns forever. IN WITNESS, &C.
(b)
And there shall be annexed to the deed, and forming a part thereof, a copy of the execution and the officer’s return thereon, duly certified by the officer.
History of Section.
C.P.A. 1905, § 639; G.L. 1909, ch. 304, § 16; G.L. 1923, ch. 355, § 16; G.L. 1938, ch. 553, § 16; G.L. 1956, § 9-26-19.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-20. - Time of attachment shown in deed.

§ 9-26-20. Time of attachment shown in deed.
Whenever attachment shall have been made by original writ or writ of mesne process, the officer shall insert the time thereof and vary his or her deed accordingly.
History of Section.
C.P.A. 1905, § 640; G.L. 1909, ch. 304, § 17; G.L. 1923, ch. 355, § 17; G.L. 1938, ch. 553, § 17; G.L. 1956, § 9-26-20.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-21. - Copies of execution records as evidence.

§ 9-26-21. Copies of execution records as evidence.
A certified copy of the record of execution and return shall be admissible as evidence of the contents of the execution and return; and in the event of the destruction, loss, or obliteration of the return, amendments thereof may be allowed to be made upon a copy of the record certified by the city clerk, town clerk, or recorder of deeds, as the case may be, of the city or town wherein the deed, execution, or return shall have been recorded, with the same effect as if the amendment had been made on the original return.
History of Section.
C.P.A. 1905, § 641; G.L. 1909, ch. 304, § 18; G.L. 1923, ch. 355, § 18; G.L. 1938, ch. 553, § 18; G.L. 1956, § 9-26-21.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-22. - Levy on attached stock.

§ 9-26-22. Levy on attached stock.
Whenever execution shall issue against a defendant whose stock or shares in any banking association or any body corporate established within this state shall have been attached, the officer charged therewith shall serve a copy of the execution, if a bank, upon the cashier; if an insurance company, upon the president or secretary; if any other corporate body within this state, upon the treasurer or person executing the duties of treasurer; and if any foreign corporation, upon the clerk or agent or its attorney authorized to accept service of process in its behalf in this state; which shall be deemed a good and sufficient levy of the execution upon the stock or shares of the defendant in the company, provided the levying officer complies with the requirements of § 6A-8-317 [repealed].
History of Section.
C.P.A. 1905, § 642; G.L. 1909, ch. 304, § 19; G.L. 1923, ch. 355, § 19; G.L. 1938, ch. 553, § 19; G.L. 1956, § 9-26-22; P.L. 1960, ch. 147, § 3.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-23. - Sale and transfer of stock.

§ 9-26-23. Sale and transfer of stock.
The stock or shares, or so much thereof as shall be necessary, shall be advertised and sold in the same manner as other personal property levied on by execution, and a deed or deeds thereof given by the officer shall vest in the purchaser all the right, title, and interest of the defendant in the shares so sold, and shall be recorded by the recording officer of the company, subject to the provisions of § 6A-8-317.
History of Section.
C.P.A. 1905, § 643; G.L. 1909, ch. 304, § 20; G.L. 1923, ch. 355, § 20; G.L. 1938, ch. 553, § 20; G.L. 1956, § 9-26-23; P.L. 1960, ch. 147, § 3.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-24. - Levy on corporate stock not previously attached.

§ 9-26-24. Levy on corporate stock not previously attached.
The stock or shares of any person whatsoever in any banking association or in any incorporated company within this state, or in any foreign corporation having an attorney in this state appointed by law upon whom service of process against it can be made according to the provisions of chapter 5 of this title, shall be liable to be levied on by execution duly obtained, like other personal property; and the execution being directed to the proper officer according to law, he or she may levy the stock and shares, in the manner set forth in §§ 9-26-22 and 9-26-23, upon any stock or shares of the defendant to be found within his or her precinct, and shall proceed to advertise and sell and give deeds thereof in the manner therein prescribed subject to the requirements of § 6A-8-317 [repealed].
History of Section.
C.P.A. 1905, § 644; G.L. 1909, ch. 304, § 21; G.L. 1923, ch. 355, § 21; G.L. 1938, ch. 553, § 21; G.L. 1956, § 9-26-24; P.L. 1960, ch. 147, § 3.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-25. - Execution against corporations — Action against officers and stockholders.

§ 9-26-25. Execution against corporations — Action against officers and stockholders.
Whenever final judgment for any sum shall be rendered by any court against any banking association or any incorporated company, execution on the judgment shall be issued against the goods, chattels, and real estate of the corporation; and whenever any execution shall be, by the officer charged with the service thereof, returned that he or she cannot find sufficient property of the corporation whereon to levy the execution, the party in whose favor the judgment shall have been rendered may bring a civil action in the court in which the judgment was rendered against the president and directors, trustees, managers, or other like officers of the corporation, if any such there are, and, if none, then against so many of the stockholders or members thereof as he or she may think fit.
History of Section.
C.P.A. 1905, § 645; G.L. 1909, ch. 304, § 22; G.L. 1923, ch. 355, § 22; G.L. 1938, ch. 553, § 22; G.L. 1956, § 9-26-25; P.L. 1965, ch. 55, § 45.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-26. - Execution against corporation officers and stockholders.

§ 9-26-26. Execution against corporation officers and stockholders.
On the hearing of the action authorized by § 9-26-25, unless the president and directors, trustees, managers, or other like officers, stockholders, or members shall make it appear that they had not, at the time of the service of process upon them, within their possession and control, sufficient property of the corporation to satisfy the judgment or any part thereof, the court shall issue execution against the president, directors, trustees, managers, or other like officers, stockholders, or members, for the amount of the judgment, with interest and costs, as for their own private debt; but if it shall appear that the officers, stockholders, or members had property to satisfy part of the judgment only, then an execution shall issue for that amount only and costs.
History of Section.
C.P.A. 1905, § 646; G.L. 1909, ch. 304, § 23; G.L. 1923, ch. 355, § 23; G.L. 1938, ch. 553, § 23; G.L. 1956, § 9-26-26; P.L. 1965, ch. 55, § 45.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-27. - Interest on execution.

§ 9-26-27. Interest on execution.
Every deputy sheriff, town sergeant, and constable charged with the service of any execution for any debt or damages shall levy, collect, receive, and pay over interest on the debt or damages, from the date entered on the margin, up to the time of its discharge by him or her.
History of Section.
C.P.A. 1905, § 649; G.L. 1909, ch. 304, § 26; G.L. 1923, ch. 355, § 26; G.L. 1938, ch. 553, § 24; G.L. 1956, § 9-26-27; P.L. 2012, ch. 324, § 19.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-28. - Execution against a deputy sheriff.

§ 9-26-28. Execution against a deputy sheriff.
Whenever judgment shall be rendered against any person holding the office of deputy sheriff, the execution issued thereon, directed in the ordinary form, may be delivered to the division of sheriffs who, may levy on the property, subject to levy on execution, of the defendant, and proceed and sell the property according to law.
History of Section.
C.P.A. 1905, § 650; G.L. 1909, ch. 304, § 27; G.L. 1923, ch. 355, § 27; G.L. 1938, ch. 553, § 25; G.L. 1956, § 9-26-28; P.L. 2012, ch. 324, § 19.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-29. - Execution against body of a deputy sheriff for want of property.

§ 9-26-29. Execution against body of a deputy sheriff for want of property.
For want of goods and chattels and real estate or other property, subject to levy on execution, the director of public safety may designate a deputy sheriff to take the body of the defendant and commit him or her to the adult correctional institutions, whenever the writ of execution shall command him or her so to do.
History of Section.
C.P.A. 1905, § 651; G.L. 1909, ch. 304, § 28; G.L. 1923, ch. 355, § 28; G.L. 1938, ch. 553, § 26; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 9-26-29; P.L. 1997, ch. 326, § 76; P.L. 2012, ch. 324, § 19.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-30. - Priority of attachments.

§ 9-26-30. Priority of attachments.
In all attachments of real estate, or of goods and chattels, or of personal estate in the hands of a trustee, or of stock or shares in any banking association or other incorporated company, he or she who shall first procure any attachment to be made for any just debt or damages shall be entitled to have his or her debt or damages satisfied before any other demand for which the property shall be attached or taken by execution at the suit of any other person, and all others in order of attachment.
History of Section.
C.P.A. 1905, § 567; G.L. 1909, ch. 301, § 1; G.L. 1923, ch. 351, § 1; G.L. 1938, ch. 558, § 1; G.L. 1956, § 9-26-30.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-31. - Priority of levies.

§ 9-26-31. Priority of levies.
In all levies on execution upon real estate, goods and chattels, stocks or shares, or other subject of levy on execution whatsoever, he or she who shall first procure the attachment, if any, or, if there is no attachment, he or she who shall first procure levy to be made, shall be entitled to have his or her debt or damages satisfied before any other demand for which the property may be subsequently attached, or levied on by execution, at the suit of any other person; and all others in order of their attachments or levies.
History of Section.
C.P.A. 1905, § 647; G.L. 1909, ch. 304, § 24; G.L. 1923, ch. 355, § 24; G.L. 1938, ch. 558, § 2; G.L. 1956, § 9-26-31.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-32. - Time of day of levy to be noted.

§ 9-26-32. Time of day of levy to be noted.
As diverse levies of the same real or personal estate may happen to be made on the same day, the officer who shall make any such levy, whether of real or personal estate, shall in his or her return set forth the time of the day when the levy was made, to the end that the priority of the attaching and levying creditors may be known.
History of Section.
C.P.A. 1905, § 648; G.L. 1909, ch. 304, § 25; G.L. 1923, ch. 355, § 25; G.L. 1938, ch. 558, § 3; G.L. 1956, § 9-26-32.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-33. - Discharge after twenty years of levy against real estate.

§ 9-26-33. Discharge after twenty years of levy against real estate.
On and after July 1, 1980, any executions levied against real estate, heretofore or thereafter of record, unless the levy is against only one spouse in real estate held as tenants by the entirety, shall be deemed discharged of record and no longer a lien upon the real estate therein described or referred to after the expiration of a period of twenty (20) years from the date of judgment in the case in which the execution was issued.
History of Section.
P.L. 1980, ch. 280, § 1; P.L. 1990, ch. 8, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-26 - Levy and Sale on Execution › Section 9-26-34. - Attachment of state and municipal employees’ wages.

§ 9-26-34. Attachment of state and municipal employees’ wages.
The wages or salaries of any employee of the state or of any city, town, or other municipal or quasi-governmental corporation may be levied on by attachment of any warrant of distress or any other writ or execution, original, mesne, or judicial.
History of Section.
P.L. 1981, ch. 376, § 2.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-27 - Chancerization [Repealed.] › Section 9-27-1 - — 9-27-5. Repealed.

§ 9-27-1 — 9-27-5. Repealed.
History of Section.
C.P.A. 1905, §§ 429-433; G.L. 1909, ch. 294, §§ 3-7; G.L. 1923, ch. 344, §§ 3-7; G.L. 1938, ch. 554, §§ 1-5; G.L. 1956, §§ 9-27-1 — 9-27-5; P.L. 1965, ch. 55, § 46; Repealed by P.L. 1981, ch. 331, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-28 - Proceedings in Aid of Execution › Section 9-28-1. - Creditor’s equitable action.

§ 9-28-1. Creditor’s equitable action.
Any judgment creditor, after his or her execution has been returned wholly or in part unsatisfied, may, by a civil action in the nature of a creditor’s bill, reach and apply and subject to the payment and satisfaction of his or her judgment any equitable estate, any equitable assets, or any choses in action of the judgment debtor, except such as shall be exempt from attachment by virtue of statutory provision. The remedy provided by this section shall be cumulative and shall not supersede any existing remedy.
History of Section.
G.L. 1923, ch. 354, § 4; P.L. 1927, ch. 973, § 1; G.L. 1938, ch. 556, § 1; G.L. 1956, § 9-28-1; P.L. 1965, ch. 55, § 47.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-28 - Proceedings in Aid of Execution › Section 9-28-2. - Transmission of superior court papers to district court to which writ returnable.

§ 9-28-2. Transmission of superior court papers to district court to which writ returnable.
Upon ex parte motion of any party for whom judgment is rendered in the superior court in a case in which the writ was returnable to a district court and whose execution has been returned either wholly or in part unpaid and unsatisfied, the superior court in its discretion may transmit to the district court to which the writ in the case was made returnable all the papers in the case for hearing under the provisions of §§ 9-28-3 — 9-28-7, there to be kept until their return shall be ordered by the superior court.
History of Section.
P.L. 1915, ch. 1228, § 1; P.L. 1916, ch. 1368, § 1; P.L. 1921, ch. 2014, § 1; G.L. 1923, ch. 354, § 1; G.L. 1938, ch. 555, § 1; G.L. 1956, § 9-28-2.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-28 - Proceedings in Aid of Execution › Section 9-28-3. - Citation — Payment agreement — Hearing to show cause, payment in full or by installments.

§ 9-28-3. Citation — Payment agreement — Hearing to show cause, payment in full or by installments.
On the filing of an application by a judgment creditor, execution on whose judgment has been returned either wholly or in part unsatisfied and unpaid, the clerk or a justice of the court rendering the judgment, or if the judgment is rendered in the superior court in a case in which the writ was returnable to a district court, then and in such case the clerk or justice of the district court to which the writ was returnable, if the papers in the case shall have been transmitted to the district court as hereinafter provided, shall issue a citation to the judgment debtor requiring the judgment debtor to contact the attorney for the judgment creditor or pro se judgment creditor within twenty-five (25) days of receipt of the citation to establish a payment agreement. If the debtor defendant fails to contact the attorney for the judgment creditor or pro se judgment creditor within twenty-five (25) days, the attorney for the judgment creditor or pro se judgment creditor may request that the district court clerk’s office mail a notice with a date and time of hearing to the defendant. Upon notice from the district court, the defendant shall appear at the time and place named therein to show cause why an examination into his or her circumstances should not be made and a decree be entered ordering him or her to pay the judgment in full or by installment, weekly, monthly, or otherwise.
History of Section.
P.L. 1915, ch. 1228, § 1; P.L. 1916, ch. 1368, § 1; P.L. 1921, ch. 2014, § 1; G.L. 1923, ch. 354, § 1; G.L. 1938, ch. 555, § 1; G.L. 1956, § 9-28-3; P.L. 2022, ch. 202, § 1, effective June 27, 2022; P.L. 2022, ch. 203, § 1, effective June 27, 2022.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-28 - Proceedings in Aid of Execution › Section 9-28-4. - Appearance of judgment debtor — Hearing on citation.

§ 9-28-4. Appearance of judgment debtor — Hearing on citation.
A judgment debtor upon whom the citation shall be served as provided in § 9-28-3 shall be obliged to appear in court in person in response to the citation as therein commanded, and for failure to so appear, may be proceeded against as provided by chapter 17 of this title in the case of a witness duly summoned who fails to appear as commanded. At the hearing on the citation, the court shall make inquiry by examination of the judgment debtor, or otherwise, as to his or her circumstances, his or her income from any source, and his or her ability to pay the judgment; and if the debtor fails to appear at the time and place fixed the inquiry may proceed in his or her absence.
History of Section.
P.L. 1915, ch. 1228, § 1; P.L. 1916, ch. 1368, § 1; P.L. 1921, ch. 2014, § 1; G.L. 1923, ch. 354, § 1; G.L. 1938, ch. 555, § 1; G.L. 1956, § 9-28-4; P.L. 1997, ch. 326, § 84.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-28 - Proceedings in Aid of Execution › Section 9-28-5. - Decree for installment payments on judgment — Finding of inability to pay.

§ 9-28-5. Decree for installment payments on judgment — Finding of inability to pay.
If the court finds that the debtor is able to pay the judgment in full or by partial payments, from time to time, it shall, after first allowing the debtor out of his or her income a reasonable sum for the support of himself or herself or the support of himself or herself and family, if he or she has a family, enter a decree fixing the time, place, and amount of payments to be made by the debtor on the judgment out of his or her income in excess of the allowance. If the court entering the decree finds that the debtor is not able at the time to pay the judgment in full or by partial payments, from time to time, it shall enter a finding to that effect which shall be subject to revision on like notice and inquiry and on proof of changed circumstances of the debtor; but no subsequent citation to the debtor shall issue until the creditor or some one in his or her behalf has filed in court an affidavit setting forth evidence of such a change in the circumstances of the debtor as shall satisfy the court that a new inquiry as to the debtor’s ability to pay the judgment shall be made.
History of Section.
P.L. 1915, ch. 1228, § 1; P.L. 1916, ch. 1368, § 1; P.L. 1921, ch. 2014, § 1; G.L. 1923, ch. 354, § 1; G.L. 1938, ch. 555, § 1; G.L. 1956, § 9-28-5.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-28 - Proceedings in Aid of Execution › Section 9-28-6. - Enforcement of decree.

§ 9-28-6. Enforcement of decree.
If the debtor at any time fails to comply with the decree, the court entering the decree may cause him or her to be cited to show cause for the noncompliance; and unless the debtor shows good cause therefor, the court may order that unless he or she complies with the decree, or with such modification thereof as the court may then make, within the time stated in the order, the failure shall be a contempt of court; and if at the expiration of the time fixed by the court for compliance with the new decree the debtor still fails or refuses to comply therewith, the court may enforce its decree by proceedings for contempt. And if a defendant is in the custody of or committed to jail by a member of the division of sheriffs, or imprisoned, either upon execution or by order of the court in contempt proceedings, it shall not operate in any degree as a payment or satisfaction of the judgment upon which the execution is issued, or concerning which the order is entered, nor shall the custody, commitment to jail, or imprisonment be or constitute any bar, delay, or hindrance to any legal or equitable proceedings to discover or reach any assets, legal or equitable, of the defendant.
History of Section.
P.L. 1915, ch. 1228, § 2; P.L. 1916, ch. 1368, § 2; G.L. 1923, ch. 354, § 2; G.L. 1938, ch. 555, § 2; G.L. 1956, § 9-28-6; P.L. 2012, ch. 324, § 20.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-28 - Proceedings in Aid of Execution › Section 9-28-7. - Revision or suspension of decree.

§ 9-28-7. Revision or suspension of decree.
The court may, at any time on written notice to the adverse party or his or her attorney of record, for cause shown, revise, modify, or suspend a decree made in any proceedings under this chapter.
History of Section.
P.L. 1915, ch. 1228, § 3; G.L. 1923, ch. 354, § 3; G.L. 1938, ch. 555, § 3; G.L. 1956, § 9-28-7; P.L. 1997, ch. 326, § 24.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-1. - District court fees.

§ 9-29-1. District court fees.
(a)
Every district court shall be allowed the following fees, in full, to be taxed in the bill of costs in every civil action:
(1) For the entry of every small claim......................................... $55.00.
(2) For the entry of every other action ......................................... $80.00.
(3) For every writ of execution ......................................... $20.00.
(b)
In addition to the fees set forth herein, the district court shall apply a technology surcharge assessed in accordance with § 8-15-11.
(c)
Provided, that five dollars ($5.00) of the fee for the entry of every action in subdivision (a)(1) or (a)(2) or writ in subdivision (a)(3) shall be forwarded to Rhode Island Legal Services.
History of Section.
G.L. 1896, ch. 295, § 1; G.L. 1909, ch. 364, § 1; G.L. 1923, ch. 417, § 1; P.L. 1930, ch. 1517, § 1; G.L. 1938, ch. 633, § 1; G.L. 1956, § 9-29-1; P.L. 1960, ch. 72, § 1; P.L. 1961, ch. 89, § 1; P.L. 1971, ch. 147, § 1; P.L. 1978, ch. 304, § 1; P.L. 1979, ch. 304, § 1; P.L. 1982, ch. 118, § 1; P.L. 1988, ch. 129, art. 24, § 1; P.L. 1989, ch. 274, § 2; P.L. 1992, ch. 133, art. 6, § 2; P.L. 1994, ch. 70, art. 35, § 3; P.L. 1996, ch. 100, art. 43, § 1; P.L. 2004, ch. 212, § 2; P.L. 2004, ch. 300, § 3; P.L. 2009, ch. 5, art. 9, § 14; P.L. 2009, ch. 372, § 1; P.L. 2009, ch. 381, § 1; P.L. 2014, ch. 34, § 5; P.L. 2014, ch. 42, § 5.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-2. - Repealed.

§ 9-29-2. Repealed.
History of Section.
G.L. 1896, ch. 295, § 3; G.L. 1909, ch. 364, § 3; G.L. 1923, ch. 417, § 3; G.L. 1938, ch. 633, § 3; G.L. 1956, § 9-29-2; Repealed by P.L. 1982, ch. 260, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-3. - Deposition fees.

§ 9-29-3. Deposition fees.
To all officers empowered to take depositions, there shall be allowed:
(1)
For every hour necessarily employed ......................................... $.40
(2)
For every page of 200 words ......................................... .30
(3)
For every mile’s travel to the place of caption ......................................... .10
History of Section.
G.L. 1896, ch. 295, § 4; G.L. 1909, ch. 364, § 4; G.L. 1923, ch. 417, § 4; G.L. 1938, ch. 633, § 4; G.L. 1956, § 9-29-3.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-4. - Costs allowed parties and attorneys in superior court.

§ 9-29-4. Costs allowed parties and attorneys in superior court.
The following fees shall be taxed and allowed in bills of costs to attorneys and parties in the superior court in civil cases:
(1)
To the attorney of the party obtaining judgment .........................................
$5.00
(2)
To plaintiff’s solicitor for every complaint, original and supplemental .........................................
5.00
(3)
To defendant’s solicitor for every answer, original or supplemental, one only to be taxed, though several filed, if defense be joint .........................................
5.00
History of Section.
G.L. 1896, ch. 295, § 7; C.P.A. 1905, § 1198; G.L. 1909, ch. 364, § 7; G.L. 1923, ch. 417, § 7; G.L. 1938, ch. 633, § 7; G.L. 1956, § 9-29-4.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-5. - Jurors’ fees.

§ 9-29-5. Jurors’ fees.
(a)
All grand and petit jurors shall be paid for each day’s attendance on the superior court twenty-five dollars ($25.00) per day commencing July 1, 2022, and thereafter. The general assembly shall annually appropriate such sum as it may deem necessary to carry out the purposes of this section.
(b)
Any grand or petit juror may, upon signing a form approved by the presiding justice of the superior court, donate their jury fee to the state. Any such donation shall be deposited into the general fund and shall be allocated to the Rhode Island Veterans Home Community Living Center.
History of Section.
G.L. 1896, ch. 295, § 8; P.L. 1902, ch. 981, § 1; C.P.A. 1905, § 1216; P.L. 1907, ch. 1459, § 3; G.L. 1909, ch. 364, § 8; P.L. 1917, ch. 1482, § 1; G.L. 1923, ch. 417, § 8; P.L. 1930, ch. 1535, § 1; G.L. 1938, ch. 633, § 8; P.L. 1951, ch. 2707, § 1; G.L. 1956, § 9-29-5; P.L. 1959, ch. 61, § 1; P.L. 1967, ch. 150, § 1; P.L. 1978, ch. 260, § 1; P.L. 1983, ch. 3, art. I, § 1; P.L. 2021, ch. 158, § 1, effective July 1, 2021; P.L. 2021, ch. 159, § 1, effective July 1, 2021; P.L. 2021, ch. 174, § 1, effective July 2, 2021; P.L. 2021, ch. 175, § 1, effective July 6, 2021.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-6. - Repealed.

§ 9-29-6. Repealed.
History of Section.
P.L. 1926, ch. 802, § 1; G.L. 1938, ch. 633, § 9; G.L. 1956, § 9-29-6; P.L. 1967, ch. 150, § 1; Repealed by P.L. 1983, ch. 3, art. I, § 2.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-7. - Witness fees.

§ 9-29-7. Witness fees.
(a)
The fees of witnesses shall be:
(1)
For every day’s attendance before the supreme or superior court, or before any other tribunal or magistrate, including attendance in giving depositions .........................................
$10.00
(2)
For every mile’s travel .........................................
.10
(3)
For every day’s commitment in jail upon default to enter into recognizance with surety .........................................
2.00
(b)
In addition to the fees above provided, witnesses summoned and testifying as experts in behalf of the state, or any person acting as an interpreter, before the supreme, superior, or district court, may be allowed and paid such sum as such court may deem just and reasonable.
History of Section.
G.L. 1896, ch. 295, § 10; C.P.A. 1905, § 1199; G.L. 1909, ch. 364, § 9; G.L. 1923, ch. 417, § 9; G.L. 1938, ch. 633, § 10; P.L. 1939, ch. 715, § 7; P.L. 1956, ch. 3624, § 1; G.L. 1956, § 9-29-7; P.L. 1974, ch. 153, § 1; P.L. 1977, ch. 56, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-8. - Certification as to witness fees.

§ 9-29-8. Certification as to witness fees.
Every witness before obtaining any fees, except the amount which in certain cases must be tendered to him or her before he or she can be compelled to attend, shall give a certificate to the clerk of the court wherein or before whom his or her attendance shall be given, certifying the number of days he or she shall have attended and the number of miles he or she shall have traveled, in pursuance of a summons issued for that purpose, which certificate shall be subject to the examination of the court, and the allowance shall be made thereon as may be lawfully due; provided, that a certificate may be made for travel and attendance without a summons, in case a witness for the state comes from without the state.
History of Section.
G.L. 1896, ch. 295, § 11; G.L. 1909, ch. 364, § 10; G.L. 1923, ch. 417, § 10; G.L. 1938, ch. 633, § 11; G.L. 1956, § 9-29-8.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-9. - Fees of sheriffs, sergeants, and constables.

§ 9-29-9. Fees of sheriffs, sergeants, and constables.
(a)
The fees, including mileage, of deputy sheriffs, town sergeants, and constables, for which a deposit to insure payment may be required, shall not exceed the following:
(1)
For serving any writ of replevin, or out of state papers .........................................
$100.00
(2)
For serving all other writs, citations, or subpoenas .........................................
$45.00
(3)
For a writ copy of every one hundred words .........................................
$2.00
(4)
For every writ returned when the defendant cannot be found .........................................
$15.00
(5)
For serving any writ of arrest or body attachment .........................................
$100.00
(b)
The above fees shall be deposited as general revenue.
History of Section.
P.L. 1991, ch. 44, art. 20, § 2; P.L. 1992, ch. 133, art. 7, § 1; P.L. 1992, ch. 466, § 1; P.L. 1995, ch. 370, art. 40, § 40; P.L. 2006, ch. 587, § 1; P.L. 2012, ch. 324, § 21.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-10. - Compensation for keeping of attached personal property.

§ 9-29-10. Compensation for keeping of attached personal property.
The superior court or district courts, upon petition made by any sheriff or other officer setting forth the facts on oath, may allow such fair compensation for the keeping of personal property attached and held on mesne process as shall on examination be found to be reasonable.
History of Section.
G.L. 1896, ch. 295, § 13; C.P.A. 1905, § 1216; G.L. 1909, ch. 364, § 12; G.L. 1923, ch. 417, § 12; G.L. 1938, ch. 633, § 13; G.L. 1956, § 9-29-10.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-11. - Allowances for service of search warrant and aid in other process.

§ 9-29-11. Allowances for service of search warrant and aid in other process.
A reasonable allowance may be made by any court or magistrate to an officer serving a search warrant and to any person employed by an officer as aid in the service of any process, whenever the allowance shall be adjudged necessary by the court or justice, not exceeding in any case one dollar ($1.00) per day to each person so employed.
History of Section.
G.L. 1896, ch. 295, § 14; G.L. 1909, ch. 364, § 13; G.L. 1923, ch. 417, § 13; G.L. 1938, ch. 633, § 14; G.L. 1956, § 9-29-11.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-12. - Certification and search fees.

§ 9-29-12. Certification and search fees.
To all recording and certifying officers, unless otherwise specifically provided, there shall be allowed:
(1)
For every page of 100 words recorded or copies .........................................
$.20
(2)
For searching the records by the hour .........................................
1.00
History of Section.
G.L. 1896, ch. 295, § 6; G.L. 1909, ch. 364, § 6; P.L. 1920, ch. 1886, § 1; G.L. 1923, ch. 417, § 6; G.L. 1938, ch. 633, § 6; G.L. 1956, § 9-29-12.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-13. - Naturalization fees.

§ 9-29-13. Naturalization fees.
No fee shall be required in any court upon any declaration or petition under the naturalization laws of the United States, or for any process or procedure thereunder, except as hereinafter provided. The clerk’s fee in such cases, including certificate, shall be five dollars ($5.00), which shall be deposited into the general fund and credited to the supreme court account.
History of Section.
G.L. 1896, ch. 295, §§ 26, 27; G.L. 1909, ch. 364, §§ 22, 23; G.L. 1923, ch. 417, §§ 22, 23; G.L. 1938, ch. 633, §§ 22, 23; G.L. 1956, § 9-29-13; P.L. 1990, ch. 65, art. 55, § 1.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-14. - Legal Aid Society and Rhode Island Legal Services, Inc. exempt from fees.

§ 9-29-14. Legal Aid Society and Rhode Island Legal Services, Inc. exempt from fees.
Neither the Legal Aid Society of Rhode Island nor Rhode Island Legal Services, Inc. shall be required to pay any fees to the superior court, family court, or district courts or the clerks thereof or any fees or charges for the service or travel of deputy sheriffs for serving any writ, citation, subpoena or other process or for taking bail, bond, or inventory or for making copies of writs for or in behalf of the organizations or their clients; provided, however, that fees and charges authorized by law shall nevertheless be taxable as costs.
History of Section.
G.L., ch. 417, § 22, as enacted by P.L. 1936, ch. 2393, § 1; G.L. 1938, ch. 633, § 25; G.L. 1956, § 9-29-14; P.L. 1992, ch. 85, § 1; P.L. 2012, ch. 324, § 21.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-14.1. - The state exempt from fees.

§ 9-29-14.1. The state exempt from fees.
The state of Rhode Island, its departments, agencies, boards, and commissions shall not be required to pay any fees, including appeal fees, to the superior court or district courts or the clerks thereof, or any fees or charges for the service or travel of deputy sheriffs for serving any writ, citation, subpoena, or other process or for taking bail, bond, or inventory or for making copies of writs for or in behalf of the state; provided, however, that fees and charges authorized by law shall nevertheless be taxable as costs.
History of Section.
P.L. 1974, ch. 58, § 1; P.L. 2012, ch. 324, § 21.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-15. - Indorsement of fees on process.

§ 9-29-15. Indorsement of fees on process.
Every officer who shall serve any process, civil or criminal, shall indorse thereon the several items which constitute the amount of his or her fees, and on failure thereof the fees shall not be taxed or allowed in any bill of costs, nor be recoverable by law.
History of Section.
G.L. 1896, ch. 295, § 15; G.L. 1909, ch. 364, § 14; G.L. 1923, ch. 417, § 14; G.L. 1938, ch. 633, § 15; G.L. 1956, § 9-29-15; P.L. 1997, ch. 326, § 25.
2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-29 - Fees › Section 9-29-16. - Compensation of officers selected by attorney general.

§ 9-29-16. Compensation of officers selected by attorney general.
The general assembly shall annually appropriate such sum as it may deem necessary to compensate the officers who shall be selected by the attorney general, who shall keep the names and make the disbursements and returns as provided by law.
History of Section.
G.L. 1896, ch. 295, § 16; G.L. 1909, ch. 364, § 15; G.L. 1923, ch. 417, § 15; P.L. 1935, ch. 2250, § 149; G.L. 1938, ch. 633, § 16; G.L. 1956, § 9-29-16.