A judgment debtor upon whom the citation shall be served as provided in § 9-28-3 shall be obliged to appear in court in person in response to the citation as therein
commanded, and for failure to so appear, may be proceeded against as provided by chapter
17 of this title in the case of a witness duly summoned who fails to appear as commanded.
At the hearing on the citation, the court shall make inquiry by examination of the
judgment debtor, or otherwise, as to his or her circumstances, his or her income from
any source, and his or her ability to pay the judgment; and if the debtor fails to
appear at the time and place fixed the inquiry may proceed in his or her absence.
Notes of Decisions
Estates of Ungar Ex Rel. Strachman v. Palestinian Auth., 715 F. Supp. 2d 253 (D.R.I. 2010).
· cites it 6× “2d at 820 (rejecting contention that R.I. Gen. Laws § 9-28-4 14 imposes an obligation on judgment debtor to offer affirmative evidence as to what his financial needs are for the support of himself and family).”
Ciccone v. Ciccone, 204 A.2d 819 (R.I. 1964).
“Under the language of §9-28-4 it was the duty of the trial justice to “make inquiry by examination of the judgment debtor * * * as.”
Barber v. Jemery, 288 A.2d 497 (R.I. 1972).
“Jemery, hereinafter referred to as the “debtor,” appeared before a Superior Court justice and pursuant to §9-28-4 an inquiry was then made into his circumstances, his income, and his ability to pay the judgment.”
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