State Codes and Statutes
Statutes > Rhode-island > Title-34 > Chapter-34-21 > 34-21-5SECTION 34-21-5
§ 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 shallnot surrender or deliver the writ to the plaintiff until the amount of theplaintiff's bond and the sufficiency of the surety shall have been approved bythe court to which the writ is returnable. Every officer who shall have servedthe writ shall make return thereof with his or her doings thereon as soonthereafter as possible to the clerk of the court to which the writ isreturnable, and the cause shall then be in order for summary hearing upon thesize of the plaintiff 's bond and the sufficiency of his or her surety.The court after notice and hearing shall fix the amount of the plaintiff 's bond and determine the sufficiency of the surety and shall enter its orderaccordingly. If the plaintiff fails to comply with the order within three (3)days from the entry thereof, the court shall forthwith and without hearingdirect the officer in possession of the goods and chattels to return themimmediately to the defendant. Thereafter, upon the defendant's motion, decisionshall be for the defendant for his or her damages and costs. Failure of theplaintiff to comply with the order of the court shall also operate as anadjudication of the title to the goods and chattels replevied in favor of thedefendant.
