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Rhode Island General Laws Title 9. Courts and Civil Procedure--Procedure Generally § 9-25-10. Form of district court writs of possession

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(a) Writs of possession, issuing from a district court, shall be substantially in the following form:

THE STATE OF RHODE ISLAND.

SC.

To the sheriff, his or her deputy, or to either of the town sergeants or constables in the county of __________

(SEAL)

Greeting:

Whereas __________ of __________ at a DISTRICT COURT holden at __________ did on the __________ day of __________ recover judgment of said court for the possession of __________ with the privileges and appurtenances thereto belonging against __________ of __________ who had unjustly withholden __________ from the possession thereof, and also, by the consideration of the same court, recovered judgment against the said __________ for the sum of __________ costs of suit, as of record of said court doth appear, whereof execution remains to be done: We command you, therefore, that without delay you cause the said __________ to have possession of and in the said __________ with the privileges and appurtenances thereunto belonging. We also command you that of the goods and chattels and real estate of the said __________ within your precinct, you cause to be levied and paid to the said ___ the aforesaid sum of __________ with 15 cents more for this writ, and thereof also to satisfy yourself for your own fees; [and for want of the goods and chattels and real estate of the said __________ to be found in your precinct to satisfy and pay the same as aforesaid, we command you to take the body of the said __________ and __________ commit unto our correctional institution, in your precinct, therein to be kept until __________ pay the full sum above mentioned, with your fees, or until __________ be discharged by the said __________ or otherwise by order of law.]

Hereof fail not, and make true return of this writ and of your doings thereon, on the __________ day of __________ A.D. __________.

Witness, the seal of the district court of the __________ judicial district, this __________ day of __________ in the year __________.

__________, Clerk (or Justice.)

(b) If an officer, serving an execution issued under this section on a judgment for the plaintiff for possession of land or tenements, removes personal property belonging to a person other than the plaintiff from the land or tenements and places it upon the sidewalk, highway, street, or way on which land or tenements abut, he or she may forthwith and before the expiration of the time limited in any statute or ordinance for the removal of obstructions in the street, remove the personal property and cause it to be stored for the benefit of the owners thereof.

(c) Whoever accepts the personal property on storage from the officer shall have a lien thereon for reasonable storage fees and for reasonable expenses of removing it to the place of storage, but the lien shall not be enforced by sale of the property until the property has been kept on storage for at least thirty (30) days.

(d) If the owner of the property is present and claims it when it is so removed from the land or tenements, the officer shall not remove and store it, and his or her act of placing it upon the sidewalk, highway, street, or way shall be deemed to be the act of the owner, who alone shall be held to answer therefor.

Cite this article: FindLaw.com - Rhode Island General Laws Title 9. Courts and Civil Procedure--Procedure Generally § 9-25-10. Form of district court writs of possession - last updated January 01, 2019 | https://codes.findlaw.com/ri/title-9-courts-and-civil-procedure-procedure-generally/ri-gen-laws-sect-9-25-10/


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