§ 34-21-5 — § 34-21-5. Court examination of bond — Failure of plaintiff to comply with court order.

§ 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 shall not surrender or deliver the writ to the plaintiff until the amount of the plaintiff's bond and the sufficiency of the surety shall have been approved by the court to which the writ is returnable. Every officer who shall have served the writ shall make return thereof with his or her doings thereon as soon thereafter as possible to the clerk of the court to which the writ is returnable, and the cause shall then be in order for summary hearing upon the size 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 order accordingly. If the plaintiff fails to comply with the order within three (3) days from the entry thereof, the court shall forthwith and without hearing direct the officer in possession of the goods and chattels to return them immediately to the defendant. Thereafter, upon the defendant's motion, decision shall be for the defendant for his or her damages and costs. Failure of the plaintiff to comply with the order of the court shall also operate as an adjudication of the title to the goods and chattels replevied in favor of the defendant.

Legislative History

G.L. 1938, ch. 589, § 3; P.L. 1940, ch. 937, § 1; G.L. 1956, § 34-21-5.