§ 10-17-2. Account by trustee as to attached property.
(a) Whenever any person, partnership, or corporation shall be served with a judicial writ, original or mesne process, with purpose of attaching the wages or personal estate of the defendant in the hands or possession of the person, partnership, or corporation, the person, partnership, or corporation shall render an account in writing, upon oath, to the court to which the writ is returnable. The original account shall state what wages or personal estate, if any, up to the amount of the demands set forth in the writ, the trustee had in his, her, or its hands or possession at the time the writ was served, except as provided in § 6A-4-303; or if none shall exist, the trustee shall state that fact in writing, to the court. The trustee is not required to account to the court for property in his, her, or its hands or possession in excess of the demand set forth in the writ.
(b) Whenever a supplemental accounting is required by § 10-17-4, the trustee shall set forth the amount of wages garnished, if any, in the reporting period and shall also state the total amount of defendant’s wages held by the trustee to date. Upon the entire amount of demand as set forth in the writ being collected, or if the defendant permanently leaves the trustee’s employment, final account shall be filed with the court issuing the writ, setting forth that fact.
History of Section.C.P.A. 1905, § 576; G.L. 1909, ch. 301, § 10; P.L. 1910, ch. 586, § 1; P.L. 1917, ch. 1490, § 1; G.L. 1923, ch. 351, § 10; P.L. 1930, ch. 1608, § 1; G.L. 1938, ch. 550, § 1; G.L. 1956, § 10-17-2; P.L. 1960, ch. 147, § 3; P.L. 1984, ch. 357, § 3.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-17 - Trustee Process
Section 10-17-1. - “Trustee” defined.
Section 10-17-2. - Account by trustee as to attached property.
Section 10-17-3. - Oath to account — Certified copy.
Section 10-17-4. - Time of filing account.
Section 10-17-5. - Surrender of property to officer.
Section 10-17-6. - Summons of garnishee as witness.
Section 10-17-7. - Amount with which trustee charged — Action against trustee.
Section 10-17-8. - Suits against separate trustees.
Section 10-17-9. - Satisfaction by trustee after judgment against defendant.
Section 10-17-10. - Delivery of specific articles on execution.
Section 10-17-11. - Delivery of money to court before judgment.
Section 10-17-12. - Discharge of trustee by surrender or delivery.
Section 10-17-13. - Determination as to whether trustee is chargeable.
Section 10-17-14. - Liability of trustee for false answers.
Section 10-17-15. - Liability on failure to render account — Action against trustee.
Section 10-17-16. - Joint action against trustees failing to account.
Section 10-17-17. - Defense in name of defendant.
Section 10-17-18. - Dismissal of person served who holds no property.
Section 10-17-19. - Intervention by other claimant of estate.
Section 10-17-20. - Questions of fact on additional allegations.