R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 10-5-5 (2026)

Writ of attachment after filing of equitable complaint

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1960–2025 · leading case: Shawmut Bank of Rhode Island v. Costello, 643 A.2d 194 (R.I. 1994).
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Shawmut Bank of Rhode Island v. Costello, 643 A.2d 194 (R.I. 1994). · cites it 35× “1956 (1985 Reenactment) § 10-5-5 to attach the personal property of Costello.”
Gem Plumbing & Heating Co., Inc. v. Rossi, 867 A.2d 796 (R.I. 2005). “This Court later held a separate section of the statute, § 10-5-5, to be unconstitutional. Shawmut Bank of Rhode Island v.”
Martin v. Lincoln Bar, Inc., 622 A.2d 464 (R.I. 1993). “1956 (1969 Reenactment) § 10-5-5, governs attachments in suits based in equity- A third pre-1972 provision, G.”
Eidam v. Eidam, 279 A.2d 413 (R.I. 1971). · cites it 3× “Indeed it is expressly referred to as such by plaintiff in her brief where she states that this “action was commenced * * * by a writ of summons and an equitable attachment dated October 30, 1969, attaching real estate * * General Laws 1956 (1969 Reenactment), §10-5-5, deals…”
United States v. J. Tirocchi & Sons, Inc., 180 F. Supp. 645 (D.R.I. 1960). · cites it 3× “(1956), § 10-5-5 provides as follows: “10-5-5. Writ of attachment after filing of bill in equity.”
In Re Giordano, 188 B.R. 84 (D.R.I. 1995). “Laws § 10-5-2, § 10-5-5 (1985). A writ of attachment upon real property can be recorded by leaving an attested copy of the writ with the town clerk or the recorder of deeds of the town in which the real property is situated.”
Hatch v. O'BRIEN, 772 F. Supp. 1326 (D.R.I. 1991). “Sections 10-5-5 and 10-5-6 authorize prejudgment attachments in a proceeding in equity or if the defendant in a tort case is an out-of-state resident owning property in Rhode Island.”
Goat Owner, LLC, & Goat Lessee, LLC v. GWT Outdoors, Inc. (D.R.I. 2025). · cites it 2× “In Rhode Island, R.I. Gen. Laws § 10-5-5 permits the issuance of a writ of attachment; however, the scope of the remedy is cabined by R.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.