2022 -- S 2789 | |
======== | |
LC005065 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- | |
PROCEEDINGS IN AID OF EXECUTION | |
| |
Introduced By: Senators Quezada, Euer, Burke, Murray, and Cano | |
Date Introduced: March 24, 2022 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-28-3 of the General Laws in Chapter 9-28 entitled "Proceedings in |
2 | Aid of Execution" is hereby amended to read as follows: |
3 | 9-28-3. Citation to show cause why instalment payments should not be decreed. |
4 | On the filing of an application by a judgment creditor, execution on whose judgment has |
5 | been returned either wholly or in part unsatisfied and unpaid, the clerk or a justice of the court |
6 | rendering the judgment, or if the judgment is rendered in the superior court in a case in which the |
7 | writ was returnable to a district court, then and in such case the clerk or justice of the district court |
8 | to which the writ was returnable, if the papers in the case shall have been transmitted to the district |
9 | court as hereinafter provided, shall issue a citation to the judgment debtor requiring the judgment |
10 | debtor to contact the attorney for the judgment creditor or pro se judgment creditor within twenty- |
11 | five (25) days of receipt of the citation to establish a payment agreement. If the debtor defendant |
12 | fails to contact the attorney for the judgment creditor or pro se judgment creditor within twenty- |
13 | five (25) days, the attorney for the judgment creditor or pro se judgment creditor may request that |
14 | the district court clerkâs office mail a notice with a date and time of hearing to the defendant. Upon |
15 | notice from the district court, the defendant shall to appear at a the time and place named therein |
16 | to show cause why an examination into his or her circumstances should not be made and a decree |
17 | be entered ordering him or her to pay the judgment in full or by instalment, weekly, monthly, or |
18 | otherwise. The citation shall be made returnable to the court by which it was issued and shall be |
| |
1 | served by delivering a copy to the debtor or by leaving a copy at the last and usual place of abode |
2 | of the debtor with some person living there at least six (6) days before the return day named therein. |
3 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC005065 | |
======== | |
| LC005065 - Page 2 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- | |
PROCEEDINGS IN AID OF EXECUTION | |
*** | |
1 | This act would require that upon issuance of a citation, the judgment debtor is given |
2 | twenty-five (25) days to contact the judgment creditor to resolve the matter prior to court |
3 | intervention. In the event the debtor does not contact the creditor, the court shall issue a notice with |
4 | a time and date for a hearing. |
5 | This act would take effect upon passage. |
======== | |
LC005065 | |
======== | |
| LC005065 - Page 3 of 3 |