§ 10-5-17. Release of real estate on bond.
The director of the department of public safety or his or her designee wherein any officer commanded by any original writ or writ of mesne process to attach the real estate or right, title, and interest in the real estate of any defendant has attached the real estate or defendant’s right, title, and interest therein, by himself or herself release and discharge the attachment upon the public records at any time after the attachment and before final judgment or decree:
(1) Upon being tendered a bond, running to the division of sheriffs, by the defendant or someone in his or her behalf with sufficient surety, which surety shall be a surety corporation authorized so to act in this state, in the penal sum of the amount of damages stated in the writ, with condition that the bond shall be null and void if there is a settlement or discontinuance of the action or cause, or if the final judgment or decree in the action or cause in which the writ of attachment was served shall be immediately paid and satisfied after the rendition of the final judgment or decree, or if the execution issued in the writ be returned satisfied, or if final judgment or decree in the action or cause is for the defendant, or upon the happening of any event which, ipso facto, would have resulted in the extinguishment of the lien of the attachment had the attachment not been released and discharged pursuant to the provisions of this section; or
(2) Upon payment by a defendant, or by someone in his or her behalf, of the amount of damages stated in the writ, into the registry of the court in which the action or cause is then pending, and the clerk thereof shall immediately notify the sheriff of the fact of the payment and thereafter shall pay from the amount so deposited to the plaintiff, if final judgment or decree is in his or her favor, so much thereof as may be required to satisfy his or her execution, and shall pay the balance, if any, of the amount so deposited, with actual accrued interest, if any, to the defendant, and if judgment or decree in the action or cause is for defendant, in the event upon presentation of execution in his or her favor, the amount so deposited, with actual accrued interest, if any, shall be immediately paid to the defendant, but such amount may at any time be paid by the clerk as the parties may by their agreement stipulate, or as the court upon motion of any party in interest may direct.
History of Section.G.L. 1923, ch. 350 § 20; P.L. 1926, ch. 798, § 1; G.L. 1938, ch. 547, § 9; G.L. 1956, § 10-5-17; P.L. 1961, ch. 147, § 1; P.L. 1997, ch. 326, § 95; P.L. 2012, ch. 324, § 23.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Section 10-5-1. - “Trustee” defined.
Section 10-5-3, 10-5-4. - Repealed.
Section 10-5-5. - Writ of attachment after filing of equitable complaint.
Section 10-5-6. - Writ in tort action against nonresident.
Section 10-5-7. - Classes of property named in writ.
Section 10-5-9. - Method of attaching real estate.
Section 10-5-10. - Value of goods attached.
Section 10-5-11. - Service of writ on defendant.
Section 10-5-12. - Custody of attached goods.
Section 10-5-13. - Defendant’s bond.
Section 10-5-14. - Reduction of damages before bond.
Section 10-5-15. - Filing of bond and delivery of property to defendant.
Section 10-5-16. - Surrender of attached goods on defendant’s bond.
Section 10-5-17. - Release of real estate on bond.
Section 10-5-17.1. - Discharge of sheriff’s bond for want of action.
Section 10-5-18. - Reduction of damages or partial release of property.
Section 10-5-19. - Attachment of corporate stock or trust estate.
Section 10-5-20. - Account rendered by corporate officer.
Section 10-5-21. - Filing of officer’s account — Certification.
Section 10-5-22. - Defendant’s bond on corporate stock or trust estate.
Section 10-5-23. - Release of stock or trust estate on acceptance of bond by officer.
Section 10-5-24. - Release of stock or trust estate by plaintiff.
Section 10-5-25. - Liens and claims on stock preserved.
Section 10-5-26. - Attachment of mortgaged personal property.
Section 10-5-27. - Sale of mortgaged property.
Section 10-5-28. - Proceeds of sale of mortgaged property.
Section 10-5-29. - Redemption of mortgage by plaintiff in attachment.
Section 10-5-30. - Defeat of attachment by failure to sell or redeem from mortgage.
Section 10-5-32. - Surety on defendant’s bond — Lien on surety’s real estate.
Section 10-5-33. - Inventory included in return of writ.
Section 10-5-34. - Subsequent attachments of other property.
Section 10-5-35. - Application to sell perishable property or property expensive to keep.
Section 10-5-36. - Sale of perishable property or property expensive to keep.
Section 10-5-37, 10-5-38. - Repealed.
Section 10-5-39. - Charges for attested copies restricted to charge for one person.
Section 10-5-40. - Attested copies on demand — Fee.
Section 10-5-41. - Time of attachment shown in return.
Section 10-5-42. - Appointment of receiver — Effect on attachment.
Section 10-5-43. - Prerequisites to dismissal of receivership.
Section 10-5-44. - Dissolution of attachment of real property for want of action.
Section 10-5-45. - Dissolution of attachment for failure to file complaint.
Section 10-5-46. - Dissolution of attachment of real estate after 20 years.