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

Rule 69 covers how a party who has won a money judgment in Rhode Island Superior Court collects it. The basic tool is a writ of execution, issued unless the court orders a different process, with the mechanics of execution and any proceedings that come with it governed by the applicable Rhode Island statutes. Once a judgment is entered, the creditor — or whoever has stepped into the creditor’s shoes on the record — can use discovery under these rules against the debtor or anyone else to find out what assets exist.

When a writ of execution comes back unsatisfied, in whole or in part, the creditor can ask the clerk to issue a citation in supplementary proceedings: an order commanding the debtor to appear and explain why the court shouldn’t look into the debtor’s finances and order payment in full or by installments. The citation must be served on the debtor personally, or left at the debtor’s home with someone of suitable age living there, at least six days before the appearance date, and the return of an unsatisfied execution is marked to warn the debtor that a court appearance is now required. At the hearing, the court can question the debtor or otherwise dig into the debtor’s assets, income, and ability to pay; if the debtor doesn’t show up, the inquiry can proceed anyway, and the court can issue a civil body attachment to bring the debtor in.

If the court finds the debtor can pay — after setting aside a reasonable amount of income for the debtor’s and the debtor’s family’s support — it enters a decree fixing how much is owed and how and how often it must be paid. Either side can later ask for a new hearing on the debtor’s ability to pay, with notice given the way Rule 5(b) requires, though the court won’t revisit a debtor whose ability was never determined in the first place unless sworn evidence gives it a reason to. A debtor who ignores the installment decree can be summoned back on a new citation to explain the noncompliance, and a no-show there can again draw a civil body attachment. Refusing to comply, or willfully failing to, is punishable as contempt, and even jail time for contempt doesn’t erase the debt or stop the creditor from going after the debtor’s assets some other way.

Once there’s a judgment, the debtor’s property — other than wages — can also be reached through trustee process (Rhode Island’s version of garnishment) directed at a third party holding the debtor’s assets. Outside of wage attachments and judgments against corporate or business debtors, serving that kind of post-judgment writ on the garnishee triggers a notice, sent to both the court and the debtor, setting a hearing on any exemption the debtor wants to claim; that hearing has to be scheduled between five and nine days after the notice goes out.

Garnishing wages after judgment runs on its own, more protective track. The creditor must first move for a wage attachment and give the debtor notice and a chance to be heard, with the hearing set between ten and twenty-five days after the notice is mailed, and no employer can be served before that hearing happens. Staying silent on the motion doesn’t waive any exemption the debtor has, and the debtor can move to amend or vacate the wage attachment at any time. If the attachment is granted, it reaches only current, identified wages, and recovery is capped at the judgment amount plus actual costs and post-judgment interest; the writ itself expires if it isn’t served on the employer within forty-five days, and any later writ in the same case needs its own notice and hearing.