| Chapter 202 |
| 2022 -- S 2789 Enacted 06/27/2022 |
| 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 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 9-28-3 of the General Laws in Chapter 9-28 entitled "Proceedings in |
| Aid of Execution" is hereby amended to read as follows: |
| 9-28-3. Citation to show cause why instalment payments should not be decreed. |
| 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 clerkâs office mail a notice with a date and time of hearing to the defendant. Upon |
| notice from the district court, the defendant shall to appear at a 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 instalment installment, weekly, |
| monthly, or otherwise. The citation shall be made returnable to the court by which it was issued |
| and shall be served by delivering a copy to the debtor or by leaving a copy at the last and usual |
| place of abode of the debtor with some person living there at least six (6) days before the return |
| day named therein. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC005065 |
| ======== |