Whenever final judgment or decree shall be rendered for the plaintiff in any action
or suit in which a writ was served attaching real estate, or goods and chattels, or
stock or shares in any incorporated company, the execution issued on the judgment
or decree shall be levied on the property so attached, as soon as may be; but if execution
shall not be so levied within one year from the day of entry of judgment or decree,
the property attached shall be discharged from the attachment. In computing the periods
of time provided in this section, time during which execution is stayed shall not
be included.
Notes of Decisions
Lombardi v. Goodyear Loan Co., 549 A.2d 1025 (R.I. 1988).
· cites it 2× “1956 (1985 Reenactment) § 9-25-23 required that the execution be levied within one year of the entry of judgment.”
In re Gibbons, 459 A.2d 938 (R.I. 1983).
· cites it 2× “If the execution is stayed, the one-year period will not begin to run until the stay has been lifted. 5 In the present ease, it may be argued that the attachment will be discharged unless the execution is stayed or the nondebtor spouse dies within one year after the date of the…”
In re Gibbons, 52 B.R. 861 (Bankr. D.R.I. 1985).
“LAWS § 9-25-23 (1982): 9-25-23. Execution against attached property.”
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