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Statutes

"(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 provided in this section. At the time of the commencement of the action, or at any time thereafter, a plaintiff must file a motion in the court having jurisdiction for authority to attach the defendant’s assets, including his or her personal or real estate, and the attachment motion must state the day, time and place of hearing and a copy must be served by the process server on the defendant or by leaving it at his or her last and usual place of abode with some person there at least five (5) days before the fixed date of hearing. (R.I. Gen. Laws § 10-5-2)

At the commencement of a civil action sounding in tort against a nonresident having property within the state, a writ of attachment may be issued from the superior court or any district court wherever the plaintiff in the action, his or her agent or attorney, shall make affidavit, to be endorsed thereon or annexed thereto, that the defendant is a nonresident, and that the plaintiff has a just cause of action against the defendant, upon which the plaintiff expects to recover a sum sufficient to give jurisdiction to the court to which the writ is returnable. (R.I. Gen. Laws § 10-5-6)

Prejudgment interest is allowed in civil cases under R.I. Gen. Laws § 9-21-10."

Cases

Prejudgment attachment is not available as a remedy in tort actions against in-state defendants. Serra v. Ski-Pro Inc., 651 A.2d 1222 (R.I. 1994).

Comments

None.

Contributors

Edward H. Kammerer, Esq.
Edwards & Angell, LLP

The statutory information was edited and reviewed with the support of MultiState

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