§ 34-21-1. Property repleviable on superior court writ. Whenever any goods or chattels of more than five thousand dollars ($5,000) value shall be unlawfully taken or unlawfully detained from the owner or from the person entitled to the possession thereof, and whenever any goods or chattels of that value, which are attached on mesne process […]
§ 34-21-10. Recovery of damages and costs by plaintiff. If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea, the plaintiff shall recover from the defendant reasonable damages for the taking and detention of the goods and chattels, and costs; provided, that no costs shall be taxed against […]
§ 34-21-11. Damages and costs on divided judgment. If, upon trial of the writ of replevin, the plaintiff shall make good his or her plea for part of the goods replevied, and shall fail to make it good as to the other part, the plaintiff shall have judgment for reasonable damages for the taking and […]
§ 34-21-12. Restored property subject to prior attachment. Whenever the goods and chattels replevied shall have been taken on execution or warrant of distress, they shall, in case of a judgment of return and restoration, be held responsible for the space of twenty (20) days after the return thereof; if on mesne process, until thirty […]
§ 34-21-13. Assumption of defense by attaching creditor. Whenever any action of replevin shall be brought against an officer who has taken or attached goods and chattels at the suit of a creditor, the creditor shall have the right to assume the defense of the suit upon indemnifying the officer against damages and costs therein, […]
§ 34-21-2. District court jurisdiction. The district court may issue writs of replevin where the goods and chattels to be replevied are valued at five thousand dollars ($5,000) or less, and venue of the action may be in any division of the district court where they were taken, attached or detained. The court may also […]
§ 34-21-3. Service of writ where deputy is party. If any deputy sheriff is a party to the suit, then the writ shall be directed to and served by either of the town sergeants or constables in the county in which the same is to be served. History of Section.G.L. 1896, ch. 272, § 2; […]
§ 34-21-4. Bond given prior to service of writ. The officer charged with the service of any such writ shall, before serving the same, take from the plaintiff, or from someone in his or her behalf, a bond to the defendant, with sufficient sureties, or a surety company authorized to do business in this state, […]
§ 34-21-5. Court examination of bond — Failure of plaintiff to comply with court order. The officer taking any goods or chattels by virtue of a writ of replevin shall not surrender or deliver the writ to the plaintiff until the amount of the plaintiff’s bond and the sufficiency of the surety shall have been […]
§ 34-21-6. Insufficient bond. In case the defendant shall at any time pending the writ of replevin be dissatisfied with the amount of the sureties or the surety company in the bond, the court before which the writ is pending may, on the defendant’s motion and for cause shown, in its discretion order the plaintiff […]
§ 34-21-7. Failure of plaintiff to prosecute. Whenever any plaintiff in replevin shall neglect to enter and prosecute the suit, the defendant may, upon complaint, have judgment for a return and restoration of the goods and chattels replevied, and reasonable damages for the taking, with such reasonable costs as shall be adjudged by the court, […]
§ 34-21-8. Judgment for defendant. If, upon trial of the writ of replevin, judgment is rendered for a return and restoration, the defendant shall recover his or her reasonable damages with costs of suit. History of Section.G.L. 1896, ch. 272, § 6; G.L. 1909, ch. 336, § 6; G.L. 1923, ch. 387, § 6; G.L. […]
§ 34-21-9. Form of writ of return and restoration. The writ of return and restoration shall be substantially as follows: THE STATE OF RHODE ISLAND. SC. (SEAL) To the sheriffs and certified constables of our several counties, or to their deputies, Greeting: Whereas …………… of ………. in the county of ………. lately replevied the following […]
