State Codes and Statutes
Statutes > Rhode-island > Title-8 > Chapter-8-12 > 8-12-3SECTION 8-12-3
§ 8-12-3 Claim for escheated funds. –(a) Any person who claims a right to money or funds as ordered by the supremecourt, the superior court, the family court, or the district court to be paidto the general fund, as provided in § 8-12-2, may file a complaint in thesuperior court within and for the county of Providence. The complaint shall besubject to the superior court rules of civil procedure and shall follow thecourse of equity. The complaint shall be filed against the state, and serviceof process shall be made upon the administrator of the state courts in personor at his or her respective office with someone in charge of the office. Theattorney general shall appear and represent the state in the action. Thesuperior court shall hear the complaint, and in case the final determination ofthe complaint is in favor of the plaintiff, the court shall enter its judgmentdirecting the administrator of the state courts to repay to the plaintiff somuch of the fund as the plaintiff has shown himself or herself entitled toreceive, together with interest at a rate not to exceed six percent (6%) perannum on that amount, together with the costs of the action as taxed, inaccordance with the rules of civil procedure. The interest shall begin toaccumulate on the date the sum is received by the general fund and shall ceaseon the earlier of fifteen (15) years following receipt or the date on whichpayment is made to the owner. Upon issuance of the order, the clerk shallimmediately forward to the administrator of the state courts the executionbased upon the judgment and including costs as taxed. The general fund will paythe amount named in the execution to the party entitled to the amount.
(b) In case the action is determined in favor of the state,the determination shall operate as a final bar against the claimant or his orher or its representatives. In the event the action is decided in favor of theclaimant, review may be had by the supreme court in its discretion on petitionfor writ of certiorari, which must be filed within twenty (20) days by theattorney general following the judgment of the superior court.
