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Section 10-17-1. – “Trustee” defined.

§ 10-17-1. “Trustee” defined. The word “trustee”, wherever occurring in this chapter, shall be deemed to include the words “attorney”, “agent”, “factor”, or “debtor”. History of Section.C.P.A. 1905, § 596; G.L. 1909, ch. 301, § 28; G.L. 1923, ch. 351, § 28; G.L. 1938, ch. 550, § 19; G.L. 1956, § 10-17-1.

Section 10-17-10. – Delivery of specific articles on execution.

§ 10-17-10. Delivery of specific articles on execution. If it shall appear by the disclosure that the personal estate in the hands of the trustee belonging to the defendant did not consist of money, but of one or more specific articles, the trustee may, after final judgment or decree against the defendant, surrender or deliver […]

Section 10-17-11. – Delivery of money to court before judgment.

§ 10-17-11. Delivery of money to court before judgment. If it shall appear by the disclosure that the personal estate in the hands of the trustee belonging to the defendant consisted of money, the trustee, at any time before final judgment, may deliver the money to the clerk of the court. History of Section.G.L. 1938, […]

Section 10-17-12. – Discharge of trustee by surrender or delivery.

§ 10-17-12. Discharge of trustee by surrender or delivery. The surrender or delivery shall be a good discharge to the trustee for the articles or money, as to both plaintiff and defendant in the action. History of Section.C.P.A. 1905, § 583; G.L. 1909, ch. 301, § 17; G.L. 1923, ch. 351, § 17; G.L. 1938, […]

Section 10-17-13. – Determination as to whether trustee is chargeable.

§ 10-17-13. Determination as to whether trustee is chargeable. Whenever any person shall be served with a copy of a writ by which he or she shall be sought to be charged as trustee of the defendant named in the writ, and the person shall appear and answer to the action or suit so commenced, […]

Section 10-17-14. – Liability of trustee for false answers.

§ 10-17-14. Liability of trustee for false answers. Any person summoned as trustee of a defendant, making a false answer or affidavit in any case, shall be liable to the plaintiff in a civil action for any damages which may result to him or her from the false answer or affidavit. History of Section.C.P.A. 1905, […]

Section 10-17-16. – Joint action against trustees failing to account.

§ 10-17-16. Joint action against trustees failing to account. If several trustees shall neglect or refuse to render an account upon oath in the same case, then the plaintiff shall bring his or her action against all the trustees jointly, and in no other manner. History of Section.C.P.A. 1905, § 587; G.L. 1909, ch. 301, […]

Section 10-17-17. – Defense in name of defendant.

§ 10-17-17. Defense in name of defendant. Every person, who shall be served with a copy of a writ against any defendant, may file an answer to the action or suit and defend the suit in behalf and in the name of the defendant. History of Section.C.P.A. 1905, § 588; G.L. 1909, ch. 301, § […]

Section 10-17-18. – Dismissal of person served who holds no property.

§ 10-17-18. Dismissal of person served who holds no property. If it shall appear by the disclosure that the person who or partnership or corporation which had been served as trustee with a copy of such writ, had not any of the personal estate of the defendant in his, her, or its hands, then the […]

Section 10-17-19. – Intervention by other claimant of estate.

§ 10-17-19. Intervention by other claimant of estate. Whenever the personal estate of any defendant is attached on trustee process, any person claiming the personal estate, under an assignment or otherwise, may on his or her own motion become a party to the action or suit so far as respects the title to the personal […]

Section 10-17-2. – Account by trustee as to attached property.

§ 10-17-2. Account by trustee as to attached property. (a) Whenever any person, partnership, or corporation shall be served with a judicial writ, original or mesne process, with purpose of attaching the wages or personal estate of the defendant in the hands or possession of the person, partnership, or corporation, the person, partnership, or corporation […]

Section 10-17-20. – Questions of fact on additional allegations.

§ 10-17-20. Questions of fact on additional allegations. Any question of fact arising upon additional allegations may be tried and determined in the manner that the court shall direct. History of Section.C.P.A. 1905, § 592; G.L. 1909, ch. 301, § 25; G.L. 1923, ch. 351, § 25; G.L. 1938, ch. 550, § 16; G.L. 1956, […]

Section 10-17-21. – Apportionment of costs.

§ 10-17-21. Apportionment of costs. In all cases under this chapter, the costs may be apportioned as the court may determine. History of Section.C.P.A. 1905, § 593; G.L. 1909, ch. 301, § 26; G.L. 1923, ch. 351, § 26; G.L. 1938, ch. 550, § 17; G.L. 1956, § 10-17-21.

Section 10-17-22. – Costs and charges incurred by trustee.

§ 10-17-22. Costs and charges incurred by trustee. Every person, partnership, or corporation served with a copy of a writ for attaching the estate of another in his, her, or its hands or possession shall be paid all lawful costs and charges which he, she, or it shall incur in consequence of being served with […]

Section 10-17-3. – Oath to account — Certified copy.

§ 10-17-3. Oath to account — Certified copy. The disclosure made by virtue of § 10-17-2 shall be sworn to before any person authorized to administer oaths and shall be filed with the clerk of the court to which the writ shall be returnable, and if the name and address of plaintiff’s attorney appears on […]

Section 10-17-4. – Time of filing account.

§ 10-17-4. Time of filing account. (a) The account shall be filed with the court to which the writ is returnable within twenty (20) days after the service. (b) In the case of wage garnishments, supplementary accounts shall be filed monthly thereafter until one of three (3) events occurs: (1) The entire amount of plaintiff’s […]

Section 10-17-5. – Surrender of property to officer.

§ 10-17-5. Surrender of property to officer. When the personal estate of a defendant other than money or credits shall be attached in the hands of a person as trustee, if that person shall surrender the personal estate to the officer making the attachment, the officer shall take possession of the personal estate and make […]

Section 10-17-6. – Summons of garnishee as witness.

§ 10-17-6. Summons of garnishee as witness. (a) In any action where money or other property shall have been trusteed in the hands of a person, firm, or corporation, the person signing the garnishee’s answer may be summoned by either party at any time before final judgment and subjected to examination and cross-examination upon all […]

Section 10-17-7. – Amount with which trustee charged — Action against trustee.

§ 10-17-7. Amount with which trustee charged — Action against trustee. If the accounts filed by any trustee in accordance with § 10-17-2 shall disclose that the trustee is holding any wages or personal estate of the defendant, then the trustee shall be charged to the amount disclosed, if less than the judgment or decree, […]