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Rule 69 – Execution, Supplementary Proceedings, Attachment and Trustee Process after Judgment.

May 14, 2021 | Civil Procedure, Rhode Island

(a) Execution. Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with applicable statutes. In aid of the judgment or execution, the judgment creditor, or a successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.
(b) Citation in Supplementary Proceedings.

(1) Definition. A citation in supplementary proceedings is an order issued by the clerk to a judgment debtor ordering the debtor to appear before the court at a time and place named to show cause why an examination into the debtor’s circumstances should not be made and a decree be entered ordering the debtor to pay such judgment in full or by instalment.
(2) Issuance. A citation may be issued upon application by a judgment creditor, execution on whose judgment has been returned unsatisfied, either in whole or in part.
(3) Service. Said citation shall be served by delivering a copy to the judgment debtor or by leaving a copy at the individual’s dwelling house or usual place of abode of the judgment debtor with a person of suitable age and discretion then residing therein, at least six (6) days before the date of appearance named in the citation.

The clerk may include an order of citation in supplementary proceedings on the same form as the writ of execution issued against the judgment debtor and said citation shall become effective whenever said judgment debtor fails to satisfy the demand of a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws serving the writ of execution. If the execution is to be returned unsatisfied, the a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws shall write or mark the legend “EXECUTION UNSATISFIED, JUDGMENT DEBTOR MUST APPEAR IN COURT” on the copy of the execution left with the judgment debtor.

(4) Hearing on Citation. At the hearing on the citation, the court may make or permit to be made by the judgment creditor, an examination of the judgment debtor or other inquiry into the judgment debtor’s assets, income, and circumstances and the financial ability of the judgment debtor to pay the judgment.
(5) Failure to Appear by Debtor. If the judgment debtor upon whom a citation has been served fails to appear in response thereto, the inquiry may proceed in the debtor’s absence and a civil body attachment may be issued for such judgment debtor, as in the manner provided by § 9-17-7 for witnesses in civil cases who fail to appear as commanded.
(c) Decree for Instalment Payments.

(1) Issuance. If, after allowing the judgment debtor out of income a reasonable amount for the support of the debtor and the debtor’s family, if any, the court finds that the debtor is able to pay the judgment in full or by periodic instalment payments, it shall enter a decree fixing the amount, frequency, and manner of said payment.
(2) Modifications. A further hearing on the subject of the debtor’s ability may be held on the motion of any party after notice given to all other parties. Notice shall be given in the manner provided by Rule 5(b), except that no further hearing shall be held regarding a debtor for whom no ability to pay has earlier been determined by the court, unless the court, after examination of an affidavit or the receipt of sworn testimony, finds cause to believe that a new inquiry should be made and permits such a hearing to be scheduled.
(3) Enforcement. If a judgment debtor has failed to comply with an installment payment decree, the clerk, upon application by an unsatisfied judgment creditor, shall issue a citation which shall order the judgment debtor to appear and show cause for the noncompliance. Service of said citation shall be in a like manner to that provided for service of citations in supplementary proceedings as provided in subdivision (b)(3). A civil body attachment may be issued for a judgment debtor who fails to appear in response to a citation to show cause for noncompliance, as in the manner provided by § 9-17-7 for witnesses in civil cases who fail to appear as commanded.
(d) Contempt. A refusal or wilful failure to comply within the time stated in the decree shall be punishable as a contempt of court. If, as a result of contempt proceedings, the debtor is imprisoned by order of the court, said incarceration shall not operate to satisfy said judgment or bar any action to reach any assets, either at law or at equity.
(e) Trustee Process After Judgment (Non-wages).

(1) In any action where the plaintiff’s claim has been reduced to judgment, the defendant’s assets, including his or her personal estate, may be attached and be subjected to trustee process in the action in which the judgment has been entered.
(2) On the day of service of a post-judgment writ of trustee process upon a garnishee, other than a writ attaching wages or a writ against a corporate or business entity judgment debtor, the plaintiff shall send to the court, in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B), and to the defendant at the last known address a copy of the writ of trustee process and a notice thereof containing a date for a hearing before the court of any claim for exemption which the defendant may have under federal or state law. The date for the hearing shall be not less than five (5) nor more than nine (9) days after the date of mailing sending of the notice, in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B).
(f) Attachment of Wages After Judgment. A writ of attachment to be served as a writ of garnishment of wages after the plaintiff’s claim has been reduced to judgment in any civil action shall be issued, in the same action, only upon motion and notice to the defendant and an opportunity to be heard thereon and shall contain the date of the hearing, which shall be not less than ten (10) nor more than twenty-five (25) days after the date of the mailing of the notice. No wage attachment shall be served upon an employer until after the date of the hearing. However, a debtor’s failure to object to said motion shall not be deemed as a waiver of any statutory exemptions available to said debtor, and a debtor may move at any time to amend or vacate an order of attachment. The granting of said motion shall relate only to current and identified wages, and recovery in post-judgment process shall be limited to the amount of the judgment plus actual costs expended and post-judgment statutory interest. If, after the time set for hearing, the motion is granted, then a writ of attachment may be served upon the employer, along with a completed copy of a notice to the employer setting forth the obligations of the employer. A writ of attachment so issued shall expire without prejudice unless served upon the employer within forty-five (45) days of its issuance, and no subsequent writ of attachment shall be issued in the same action without notice to the defendant and an opportunity for a hearing as provided herein.

R.I. Super. Ct. R. Civ. P. 69

Last amended effective January 29, 2016.