§ 10-5-5. Writ of attachment after filing of equitable complaint.
In any civil action of an equitable character, at or after the filing of the complaint, the complainant may move the superior court, ex parte, to issue a writ of attachment, to run against the property of the defendants or any defendant in the cause; and the court, in its discretion, if the cause is of such a nature that an attachment of property is for the proper security of the complainant, shall on the motion, properly supported by affidavits to be filed in the cause, enter an order granting a writ of attachment, which writ may command the attachment of the real and personal estate of the defendant, including his or her personal estate in the hands or possession of any person, co-partnership or corporation, as the trustee of the defendant and his or her stock or shares in any banking association or other incorporated company, like a writ of attachment at the commencement of a civil action in conformity to the specific directions in the court’s order; except as provided in § 6A-7-602, and shall be served in like manner and be subject to like incidents as a writ of attachment issued at the commencement of a civil action, and for such ad damnum, as shall be directed in the court’s order and stated in the writ. And all property so attached shall be held for the security of any final judgment which the complainant may obtain in his or her favor in the cause, in pursuance of the directions of the order granting the writ of attachment. If a writ of attachment runs against real property and title to the real property is held in the name of a partnership, the writ shall include the name of the partnership.
History of Section.C.P.A. 1905, § 523; G.L. 1909, ch. 299, § 27; G.L. 1923, ch. 349, § 27; G.L. 1938, ch. 546, § 4; G.L. 1956, § 10-5-5; P.L. 1960, ch. 147, § 3; P.L. 1965, ch. 55, § 50; P.L. 1985, ch. 93, § 3.
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 - Repealed.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.