2022 -- H 7690

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LC005006

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --

PROCEEDINGS IN AID OF EXECUTION

     

     Introduced By: Representative Joseph J. Solomon

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 9-28-3 of the General Laws in Chapter 9-28 entitled "Proceedings in

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Aid of Execution" is hereby amended to read as follows:

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     9-28-3. Citation to show cause why instalment payments should not be decreed.

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     On the filing of an application by a judgment creditor, execution on whose judgment has

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been returned either wholly or in part unsatisfied and unpaid, the clerk or a justice of the court

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rendering the judgment, or if the judgment is rendered in the superior court in a case in which the

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writ was returnable to a district court, then and in such case the clerk or justice of the district court

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to which the writ was returnable, if the papers in the case shall have been transmitted to the district

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court as hereinafter provided, shall issue a citation to the judgment debtor requiring the judgment

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debtor to contact the attorney for the judgment creditor or pro se judgment creditor within twenty-

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five (25) days of receipt of the citation to establish a payment agreement. If the debtor defendant

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fails to contact the attorney for the judgment creditor or pro se judgment creditor within twenty-

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five (25) days, the attorney for the judgment creditor or pro se judgment creditor may request that

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the district court clerk’s office mail a notice with a date and time of hearing to the defendant. Upon

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notice from the district court, the defendant shall to appear at a the time and place named therein

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to show cause why an examination into his or her circumstances should not be made and a decree

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be entered ordering him or her to pay the judgment in full or by instalment, weekly, monthly, or

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otherwise. The citation shall be made returnable to the court by which it was issued and shall be

 

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served by delivering a copy to the debtor or by leaving a copy at the last and usual place of abode

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of the debtor with some person living there at least six (6) days before the return day named therein.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --

PROCEEDINGS IN AID OF EXECUTION

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     This act would require that upon issuance of a citation, the judgment debtor is given

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twenty-five (25) days to contact the judgment creditor to resolve the matter prior to court

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intervention. In the event the debtor does not contact the creditor, the court shall issue a notice with

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a time and date for a hearing.

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     This act would take effect upon passage.

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