State Codes and Statutes

Statutes > Rhode-island > Title-9 > Chapter-9-28 > 9-28-5

SECTION 9-28-5

   § 9-28-5  Decree for installment paymentson judgment – Finding of inability to pay. – If the court finds that the debtor is able to pay the judgment in full or bypartial payments, from time to time, it shall, after first allowing the debtorout of his or her income a reasonable sum for the support of himself or herselfor the support of himself or herself and family, if he or she has a family,enter a decree fixing the time, place, and amount of payments to be made by thedebtor on the judgment out of his or her income in excess of the allowance. Ifthe court entering the decree finds that the debtor is not able at the time topay the judgment in full or by partial payments, from time to time, it shallenter a finding to that effect which shall be subject to revision on likenotice and inquiry and on proof of changed circumstances of the debtor; but nosubsequent citation to the debtor shall issue until the creditor or some one inhis or her behalf has filed in court an affidavit setting forth evidence ofsuch a change in the circumstances of the debtor as shall satisfy the courtthat a new inquiry as to the debtor's ability to pay the judgment shall be made.

State Codes and Statutes

Statutes > Rhode-island > Title-9 > Chapter-9-28 > 9-28-5

SECTION 9-28-5

   § 9-28-5  Decree for installment paymentson judgment – Finding of inability to pay. – If the court finds that the debtor is able to pay the judgment in full or bypartial payments, from time to time, it shall, after first allowing the debtorout of his or her income a reasonable sum for the support of himself or herselfor the support of himself or herself and family, if he or she has a family,enter a decree fixing the time, place, and amount of payments to be made by thedebtor on the judgment out of his or her income in excess of the allowance. Ifthe court entering the decree finds that the debtor is not able at the time topay the judgment in full or by partial payments, from time to time, it shallenter a finding to that effect which shall be subject to revision on likenotice and inquiry and on proof of changed circumstances of the debtor; but nosubsequent citation to the debtor shall issue until the creditor or some one inhis or her behalf has filed in court an affidavit setting forth evidence ofsuch a change in the circumstances of the debtor as shall satisfy the courtthat a new inquiry as to the debtor's ability to pay the judgment shall be made.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-9 > Chapter-9-28 > 9-28-5

SECTION 9-28-5

   § 9-28-5  Decree for installment paymentson judgment – Finding of inability to pay. – If the court finds that the debtor is able to pay the judgment in full or bypartial payments, from time to time, it shall, after first allowing the debtorout of his or her income a reasonable sum for the support of himself or herselfor the support of himself or herself and family, if he or she has a family,enter a decree fixing the time, place, and amount of payments to be made by thedebtor on the judgment out of his or her income in excess of the allowance. Ifthe court entering the decree finds that the debtor is not able at the time topay the judgment in full or by partial payments, from time to time, it shallenter a finding to that effect which shall be subject to revision on likenotice and inquiry and on proof of changed circumstances of the debtor; but nosubsequent citation to the debtor shall issue until the creditor or some one inhis or her behalf has filed in court an affidavit setting forth evidence ofsuch a change in the circumstances of the debtor as shall satisfy the courtthat a new inquiry as to the debtor's ability to pay the judgment shall be made.