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, […]
Section 10-17-8. – Suits against separate trustees.
§ 10-17-8. Suits against separate trustees. Whenever it shall appear that several persons, partnerships, or corporations have property of the defendant as trustees, the plaintiff may sue each separately and recover the amount in his or her hands, until the plaintiff shall receive full payment of his or her judgment or decree against the original […]
Section 10-17-9. – Satisfaction by trustee after judgment against defendant.
§ 10-17-9. Satisfaction by trustee after judgment against defendant. Any trustee, after final judgment or decree against the defendant, may satisfy the judgment or decree, or any part thereof, to the amount of the estate attached in his or her hands, before any suit shall be brought against him or her therefor; and such payment […]
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, […]