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.
Notes of Decisions
Trainor v. GRIEDER, 23 A.3d 1171 (R.I. 2011).
· cites it 4× “See G.L. 1956 § 9-28-3. 3 The defendant contends that the Superior Court lacked jurisdiction over supplementary proceedings with respect to him due to the fact that there had been no return of an unsatisfied execution.”
Rhode Island Hosp. v. Collins, 368 A.2d 1225 (R.I. 1977).
· cites it 2× “1956 (1969 Reen'actment) §9-28-3, commenced supplemental proceedings against Collins.”
Landrigan v. McElroy, 457 A.2d 1056 (R.I. 1983).
“1956 (1969 Reenactment) §§ 9-28-3 to -7. In short, imprisoning debtors who are unable to pay judgments against them does not have a rational connection with enforcement of the obligation to pay.”
Ciccone v. Ciccone, 204 A.2d 819 (R.I. 1964).
“1956, §9-28-3, requiring the judgment debtor to appear and show cause why an examination into his circumstances should not be made and a decree entered ordering him to pay the judgment in full or in weekly or monthly installments or otherwise.”
Michael P. Trainor v. Paul D. Grieder, 91 A.3d 360 (R.I. 2014).
· cites it 3× “In Trainor II, defendant’s most recent attempt before this Court to “keep plaintiff at bay[,]” defendant argued that the Superior Court lacked subject matter jurisdiction over any supplementary proceedings with respect to the original judgment because there had been no return of…”
Barber v. Jemery, 288 A.2d 497 (R.I. 1972).
“1956 (1969 Reenactment) §9-28-3 when the defendants failed to pay that judgment and an execution thereon was returned unsatisfied.”
Plantations Indus. Supply v. O'Brien, 379 A.2d 365 (R.I. 1977).
· cites it 2× “1956 (1969 Reenactment) §§9-28-3, 9-28-4, 9-28-5 and 9-28-6. These statutes embody a legislative scheme whereby a judgment creditor who has an execution that has been returned unsatisfied, either in whole or in part, may obtain a citation which will order the judgment debtor to…”
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