§ 10-13-25. Party deemed creditor — Effect of executions subsequent to oath.
The person to whom the debt appears, by the process, to belong at the time complaint is made, shall be deemed the creditor within the meaning of the provisions of this chapter. Neither the commitment of the prisoner, nor his or her discharge, shall be a satisfaction of the debt for which he or she was committed. If committed on execution, the plaintiff may take out another execution, which shall not, however, run against the body of the defendant. If suit is brought on the judgment, execution in the suit shall not run against the body of the defendant, nor shall the defendant be held to bail on the writ in such case. If the defendant is committed on mesne process, when he or she receives a certificate as provided in § 10-13-23, if that fact is shown by plea to the court before which the action is pending, then execution shall not issue against the body of the defendant, but in all such cases execution shall issue against the goods and chattels and real estate of the defendant.
History of Section.G.L. 1896, ch. 260, § 23; C.P.A. 1905, § 1234; G.L. 1909, ch. 326, § 23; G.L. 1923, ch. 377, § 23; G.L. 1938, ch. 563, § 23; G.L. 1956, § 10-13-25; P.L. 1997, ch. 326, § 96.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-13 - Relief of Poor Debtors
Section 10-13-1. - Application to take poor debtor’s oath.
Section 10-13-2. - Persons not entitled to take oath.
Section 10-13-3. - Citation to creditor to show cause against debtor’s oath.
Section 10-13-4. - Service of citation on creditor.
Section 10-13-5. - Citations to state as creditor.
Section 10-13-6. - Service of citation on attorney general.
Section 10-13-7. - Administration of oath — Assignment of estate.
Section 10-13-8. - Form of debtor’s oath.
Section 10-13-9. - Certificate of justice as to oath.
Section 10-13-10. - Discharge of prisoner.
Section 10-13-11. - Detainment for fees prohibited.
Section 10-13-13. - Second citation to creditor by debtor not admitted to oath.
Section 10-13-14. - Administration of debtor’s oath pending original action.
Section 10-13-15. - Citation to show cause against oath by defendant.
Section 10-13-16. - Service of citation.
Section 10-13-17. - Examination of defendant and administration of oath.
Section 10-13-18. - Effect of execution after debtor’s oath.
Section 10-13-19. - Application for oath after judgment and before commitment.
Section 10-13-20. - Service of citation.
Section 10-13-21. - Administration of oath.
Section 10-13-22. - Effect of execution after oath.
Section 10-13-23. - Certificate as to oath — Certificate of discharge.
Section 10-13-24. - Assignment for benefit of creditors upon administration of oath.
Section 10-13-25. - Party deemed creditor — Effect of executions subsequent to oath.
Section 10-13-26. - Adjournment of hearings.
Section 10-13-27. - Petition for discharge by prisoner unable to pay tort judgment.
Section 10-13-28. - Examination of tort debtor — Assignment of property — Administration of oath.