Rhode Island § 34-21-5 - Replevin

Full text of Rhode Island Rhode Island General Laws § 34-21-5 — Replevin, with citation guidance and answers to common questions.

§ 34-21-5. Replevin

R.I. Gen. Laws § 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 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.

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

Frequently Asked Questions About Rhode Island § 34-21-5

What does Rhode Island General Laws § 34-21-5 cover?

Section 34-21-5 ("Replevin") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Rhode Island § 34-21-5?

A common citation format is "Rhode Island General Laws § 34-21-5" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Rhode Island law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.

How does Rhode Island § 34-21-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.