§ 9-28-3. Citation — Payment agreement — Hearing to show cause, payment in full or by installments.
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 clerk’s office mail a notice with a date and time of hearing to the defendant. Upon notice from the district court, the defendant shall appear at 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 installment, weekly, monthly, or otherwise.
History of Section.P.L. 1915, ch. 1228, § 1; P.L. 1916, ch. 1368, § 1; P.L. 1921, ch. 2014, § 1; G.L. 1923, ch. 354, § 1; G.L. 1938, ch. 555, § 1; G.L. 1956, § 9-28-3; P.L. 2022, ch. 202, § 1, effective June 27, 2022; P.L. 2022, ch. 203, § 1, effective June 27, 2022.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Chapter 9-28 - Proceedings in Aid of Execution
Section 9-28-1. - Creditor’s equitable action.
Section 9-28-2. - Transmission of superior court papers to district court to which writ returnable.
Section 9-28-4. - Appearance of judgment debtor — Hearing on citation.
Section 9-28-5. - Decree for installment payments on judgment — Finding of inability to pay.