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Section 10-5-1. – “Trustee” defined.

§ 10-5-1. “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, § 10-5-1.

Section 10-5-10. – Value of goods attached.

§ 10-5-10. Value of goods attached. Whenever a writ of attachment issued at the commencement of an action, or writ of mesne process, shall command the officer to whom the writ is directed to attach the goods and chattels of a defendant, the officer shall attach the goods and chattels to the value commanded in […]

Section 10-5-11. – Service of writ on defendant.

§ 10-5-11. Service of writ on defendant. The officer making the attachment shall serve the defendant, as provided in applicable procedural rules, with a copy of the writ, having indorsed on the writ a general reference to the class or kind of goods and chattels so attached, together with a statement of the place in […]

Section 10-5-12. – Custody of attached goods.

§ 10-5-12. Custody of attached goods. The officer shall keep the goods and chattels so attached in his or her custody, as security to satisfy the judgment or decree as the plaintiff may obtain, until by due process of law either he or she shall sell the goods and chattels or they shall be withdrawn […]

Section 10-5-13. – Defendant’s bond.

§ 10-5-13. Defendant’s bond. The defendant in any writ upon which goods and chattels shall have been attached may, at any time within forty-eight (48) hours, exclusive of Sundays and legal holidays, after the attachment, deliver to the officer a bond in the penal sum of the amount of damages laid in the writ, signed […]

Section 10-5-14. – Reduction of damages before bond.

§ 10-5-14. Reduction of damages before bond. If the defendant in the writ shall deem the damages laid in the writ excessive, he or she may, before giving bond under the provisions of this chapter, complain in writing to any justice of the court to which the writ is returnable, requesting their reduction; and the […]

Section 10-5-15. – Filing of bond and delivery of property to defendant.

§ 10-5-15. Filing of bond and delivery of property to defendant. Upon accepting a bond given to satisfy a judgment or decree as required in this chapter, the officer shall lodge the bond with the clerk of the court to which the writ in the action shall be returnable and shall immediately surrender the goods […]

Section 10-5-16. – Surrender of attached goods on defendant’s bond.

§ 10-5-16. Surrender of attached goods on defendant’s bond. Every officer having goods and chattels attached by him or her in his or her custody shall surrender the goods and chattel, at any time after the attachment, and before final judgment or decree, to the person whose interest in the goods and chattel has been […]

Section 10-5-17. – Release of real estate on bond.

§ 10-5-17. Release of real estate on bond. The director of the department of public safety or his or her designee wherein any officer commanded by any original writ or writ of mesne process to attach the real estate or right, title, and interest in the real estate of any defendant has attached the real […]

Section 10-5-17.1. – Discharge of sheriff’s bond for want of action.

§ 10-5-17.1. Discharge of sheriff’s bond for want of action. The prejudgment lien against the real estate described in a sheriff’s bond, created by the recording of the sheriff’s bond with the land evidence records of any city or town shall be discharged and dissolved and no longer a lien upon the real estate described […]

Section 10-5-18. – Reduction of damages or partial release of property.

§ 10-5-18. Reduction of damages or partial release of property. If the defendant in any writ shall deem the damages stated in the writ excessive, or if the property, either real or personal, held under any attachment, shall greatly exceed in value the amount of the damages stated in the writ, the defendant may, at […]

Section 10-5-19. – Attachment of corporate stock or trust estate.

§ 10-5-19. Attachment of corporate stock or trust estate. Whenever a writ shall command the attachment of the shares of the defendant in any corporation, or of his or her personal estate in the hands of any person, co-partnership or corporation, as trustee, it shall be served by leaving an attested copy of the writ, […]

Section 10-5-2. – Procedure.

§ 10-5-2. Procedure. (a) A court having jurisdiction over a defendant or his or her assets, including his or her personal estate or real estate, may authorize a plaintiff to attach the defendant’s assets, or any part thereof, after hearing on a motion to attach, notice of which has been given to the defendant as […]

Section 10-5-20. – Account rendered by corporate officer.

§ 10-5-20. Account rendered by corporate officer. Subject to the provisions of § 6A-8-317, whenever any banking association or incorporated company shall be served with a copy of a writ attaching its stock or shares, if a bank, its cashier, if an insurance company, its president or secretary, and if any other corporation, its treasurer […]

Section 10-5-21. – Filing of officer’s account — Certification.

§ 10-5-21. Filing of officer’s account — Certification. The disclosure made by virtue of § 10-5-20 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 10-5-22. – Defendant’s bond on corporate stock or trust estate.

§ 10-5-22. Defendant’s bond on corporate stock or trust estate. Whenever a writ shall command the attachment of the shares of the defendant in any corporation, or of his or her personal estate in the hands or possession of any person, co-partnership or corporation, as trustee, the defendant may, at any time after the service […]

Section 10-5-24. – Release of stock or trust estate by plaintiff.

§ 10-5-24. Release of stock or trust estate by plaintiff. In case the writ shall have been returned to the court to which it is made returnable, and duly entered in the court, or in case the officer who served the writ shall, from any cause, be unable to accept the bond and release the […]

Section 10-5-25. – Liens and claims on stock preserved.

§ 10-5-25. Liens and claims on stock preserved. Nothing contained in this chapter shall be so construed as to destroy or impair any lien or claim of any person or body corporate upon any stock or shares attached under the provisions of this chapter. History of Section.C.P.A. 1905, § 557; G.L. 1909, ch. 300, § […]

Section 10-5-26. – Attachment of mortgaged personal property.

§ 10-5-26. Attachment of mortgaged personal property. Personal estate, when mortgaged and in the possession of the mortgagor, and while the estate is redeemable at law or in equity, may be attached on writ of attachment against the mortgagor, in the same manner as his or her other personal estate. History of Section.C.P.A. 1905, § […]