§ 10-5-2 - Procedure.
SECTION 10-5-2
§ 10-5-2 Procedure. – (a) A court having jurisdiction over a defendant or his or her assets,including his or her personal estate or real estate, may authorize a plaintiffto attach the defendant's assets, or any part thereof, after hearing on amotion to attach, notice of which has been given to the defendant as providedin this section. At the time of the commencement of the action, or at any timethereafter, a plaintiff must file a motion in the court having jurisdiction forauthority to attach the defendant's assets, including his or her personal orreal estate, and the attachment motion must state the day, time and place ofhearing and a copy must be served by the process server on the defendant or byleaving it at his or her last and usual place of abode with some person thereat least five (5) days before the fixed date of hearing.
(b) If the defendant does not reside in the state, service ofthe attachment motion shall be made upon him or her by mailing a copy of themotion to attach, by certified mail, to his or her last known address and, ifservice is made in this manner, the plaintiff or his or her attorney mustattach the sender's receipt to an affidavit of compliance with this section bythe plaintiff or his or her attorney and filing it with the case in the court.
(c) If the plaintiff after diligent search and by affidavitavers that he or she does not know of the defendant's address, service on thedefendant of the motion to attach may after order of the court be made bypublication in some public newspaper, once, published in the town, city orcounty where the defendant's assets are situated. If there is no publicnewspaper published in the town, city or county where the defendant's assetsare situated, then in some public newspaper published in the city ofProvidence. Provided, however, that in all actions where the plaintiff 'sclaim against the defendant has been reduced to a judgment, the defendant'sassets, including his or her personal estate and real estate, may be attachedand may be subject to trustee process as set out in chapter 17 of this title inthe same action in which the judgment has been entered.