Rhode Island judgment records also referred to as a final order are court documents that contain a court’s final disposition on claims in a court proceeding or legal action. In Rhode Island, judgment records are kept, maintained, and can be accessed through state courthouses as part of an official court record. These court records are stored in Rhode Island’s judiciary database and can be viewed at state courthouses. These courthouses include the supreme, superior, family, district, and worker compensation court, also the state traffic tribunal. Judgment records can be accessed in person through computer terminals available at the clerk’s office of local state courthouses or remotely through the public portal. Qualified parties registered with the Rhode Island judiciary can access judgment records remotely via the “public portal”.
Rhode Island court records are displayed as a register of action or docket sheet. These court records list in chronological order other parties involved in the case, case events, documented filings, and other courts activities.
What is a Judgment?
In Rhode Island, a judgment refers to the result of a proceeding entered by a court in its docket after a verdict has been issued. A judgment provides details on specific reliefs the winning litigant of a case is entitled to. In other words, a judgment is the court’s final decision or sentence of the law regarding the rights, duties, and obligations of the parties involved in a court case.
There are numerous types of judgments that can be issued by a court. However, a judgment is only valid and legally binding when issued by a competent court that has jurisdiction over the case. A judgment can not legally bind uninvolved parties or extend beyond facts provided in a case. Depending on the circumstances, judgments are either provided orally or in writing. In cases where a court has heavy caseloads, an oral judgment is usually preferred over a written judgment. In other cases with greater significance and impact in the legal communities and the public in general, written judgments are preferably dispensed. However, written judgments are not provided instantaneously and usually take longer to be released.
Rhode Island Judgment Laws
Rhode Island judgment laws are defined in the state’s Court and Civil Proceedings. These rules dictate how judgment entries are issued, enforced, and satisfied.
What is Judgment Lien?
A judgment lien is a court ruling that provides the winning litigant (judgment creditor) the right to seize the losing litigant’s (judgment debtor) personal property to repay owed debt. Although creditors can be awarded monetary judgment, the court is not responsible for enforcing these judgments. Hence, a judgment lien ensures that a debtor’s obligation to a judgment is fulfilled by allowing creditors to sell a debtor’s properties to satisfy a judgment.
A judgment lien does not require the approval or consent of the debtor to be attached to their personal properties and it is common when a monetary judgment is issued. Under section 9-25-2 of the Courts and Civil Procedure, a 48-hour wait is required after the judgment entry before a judgment lien can be placed on a debtor’s property. However, per section 9-26-33 a lien on a debtor’s property becomes and the property adjudged to the debtor after twenty years from the date of the judgment entry.
What is a Rhode Island Summary Judgement?
A Rhode island summary judgment is also known as judgment as a matter of law are judgment issued without a full trial. Per Cv 56 of Rhode Island local Rules (LR), both parties can file for a motion for a summary of judgment provided that, the motion is accompanied by indisputable facts. The motion establishes that there is no need to proceed to trial as the movant is entitled to the judgment as a matter of the law.
A summary judgment usually results from an opposing party’s inability to provide genuine evidence to dispute facts presented by the movant. This results in the court ruling the judgment in the movant favor. Depending on the nature of the case the winning party can be awarded monetary judgment. In other cases, the opposing parties are given obligations in the winning party’s favor.
What is A Summary Judgment Motion In Rhode Island?
In Rhode Island, a summary of judgment motion is a request made by a litigant to a court to rule a judgment in their favor without a trial. The litigant is required by law to provide indisputable facts that would support the court’s ruling in their favor. Per LR Cv 56(a)(2) the statement of indisputable facts would need to be filed separately from the motion for a summary of the judgment. In the statement, the movant would have to provide each fact in a separately numbered paragraph and reference the appropriate legal documents that support their claims.
The opposing party may contest the motion presented by the movant. To contest the movent statement, the opposing party can file a statement of disputed fact. The statement of dispute facts would need to be numbered correspondingly to the statement of indisputable facts provided by the other party. Similar to the statement of indisputable facts, the statement of disputable facts would also need to be accompanied by references to relevant legal documents.
Per LR Cv 56(b) only relevant documents can be referenced in support or opposition to the motion of summary judgment. Under LR Cv 56(c), otherwise permitted by the court no party can file a motion for summary judgment more than once. According to LR Cv 7(4) &(5), any response to a motion must be filed within 14 days and replies to the response must be made within 7 days.
Rhode Island Judgment Record Search
Rhode Island Access to Public Record Act grants the public rights to inspect and make copies of public court records, these records include judgment records. Anybody can use the computer terminals available at local state courthouses during regular business hours to search for a judgment record. A request can also be sent to the court’s clerk’s office where a judgment was filed to access judgment records. A remote search for a judgment record can only be made through the public portal. This portal is restricted to individuals who have registered with the state judiciary. Remote searches are subject to Rhode Island Judiciary rules governing public access to electronic case information.
However, sealed cases and certain case types, documents, information are considered confidential and are not available to the public. These cases or records can only be accessed by parties involved in the case.
How Do I Look Up a Judgment In Rhode Island?
In Rhode Island, interested persons can look up a judgment by;
- By visiting local state courthouses during regular business hours to use the computer terminals available in the court’s clerk’s office.
- Making a request to the court’s clerk’s office where a judgment was filed to view or make copies of the judgment. These requests are made by submitting a public record request form in person, online, or through other media allowed by the court.
- Registering with Rhode Island’s Judiciary and using the public portal. Qualified persons can register by appropriately filling and mailing the first page of the state Judiciary Data Subscription Agreement to helpdesk@courts.ri.gov. Registered persons are also subjected to these agreements.
It is important to note that, addresses and directions to courthouses within Rhode island can be retrieved through the state judiciary website.
What Happens if You Have a Judgment Against You in Rhode Island?
When a final judgment is issued by a Rhode Island court, litigants are legally bonded to the obligations and rights stated in the judgment. The litigant that lost the civil suit becomes the judgment debtor while the winning party is the judgment creditor. The debtor is required by law to obey the judgment directives. These directives can include debtors being liable to pay damages to their creditor or the satisfaction of an injunctive order.
The repercussions for refusing to comply with a judgment can lead to creditors using specific legal actions in enforcing and ensuring that a judgment is satisfied by a debtor. A creditor taking legal actions against a debtor can lead to certain discomforts in the debtor’s life. These legal actions include a citation in supplementary proceedings, motion for attachments on wages, order for attachment of wages, or placing liens on the debtor’s personal properties.
Note that, a debtor can appeal to a higher court to have the final judgment of their case overturned. The higher court can approve an appeal provided it is accompanied by a valid reason and legal basis that warrants the appeal.
How Do I Find Out If I Have Any Judgments Against Me In Rhode Island?
Numerous methods can be utilized by individuals to enquire if a judgment has been placed against them in Rhode Island. These methods include contacting the clerk of a local state courthouse and requesting to view the court’s public records. An entry of judgment notice can also be used to check if a judgment has been made against an individual. This notice is mailed by local state courts to affected litigants of a court case.
How Long Does A Judgment Stay On Your Record?
in Rhode Island, the final judgment of a court case is included in the case file which is part of a court permanent record. Unlike in criminal conviction cases, there are no means for litigants to motion a judgment be removed from these court’s records.
However, a judgment may appear on a debtor’s credit report for up to seven years. A judgment appearing on a credit report reflects poorly on the debtors and can negatively affect the debtor’s credit score. The debtor would need to pay the judgment and retrieve evidence of satisfaction of judgment to remove the judgment from their credit report. The evidence of satisfaction of judgment would need to be filed with the top credit reporting agencies namely; Experian, Equifax, and TransUnion, to have their report updated.
How To Enforce A Judgment In Rhode Island
Generally, when a final judgment is issued on a civil case by a Rhode Island court, the judgment creditor is provided certain rights to ensure the judgment is satisfied. The debtor in the case is held liable to satisfy the judgments which may be Monterey settlements or injunctive orders. In Rhode Island, the enforcement of a judgment is the direct responsibility of its creditor as such the state courts cannot collect awards provided by a judgment on behave of its creditor. Immediate payment of what is owed in some cases is provided by debtors. However, further legal action can be used to enforce a judgment when dealing with reluctant debtors. In Rhode Island these judgment enforcements methods include;
- A writ of execution of levy on a debtors properties
- Filing a lien against a debtor’s real properties
- Garnishing the debtor’s wages
How To Collect A Judgment In Rhode Island
The term “collect” and “enforce” are used interchangeably to mean legal actions that can be used by a judgment creditor to ensure the satisfaction of a judgment. The adoption of illegal means by a creditor in collecting a judgment can lead to criminal and civil penalties.
These illegal tactics include harassment by threats of arrest, calling debtors outside the state-approved time (between 8 am to 9 pm), and involving third parties.
What Happens if a Defendant Does Not Pay a Judgment in Rhode Island
in Rhode Island, a judgment debtor (defendant) not paying a judgment can result in several unpleasant consequences. Hence, immediate payment of a judgment is advised when a judgments entry notice is received by the defendant. A motion to vacate a judgment may also be filed by the defendant within 30 days after receiving the judgment notice, provided there are legal grounds to back the motion. An unresponsive defendant may suffer wage garnishment, property seizure, among other legal actions a creditor can be used to ensure the satisfaction of a judgment.
Note that when a Rhode Island judgment remains unsettled over a period of time, the amount owed increases as a result. Hence, it is often cheaper to settle a judgment immediately. A debtor can also be liable to pay reasonable expenses incurred by their creditor during the collection process. An unsettled judgment can also affect the defendant’s credit score, which reduces the defendant’s chances of receiving loans.
What Personal Property Can Be Seized in a Judgment in Rhode Island?
In Rhode Island, a judgment creditor is granted the right to enforce a judgment, which included seizing a debtor’s personal property as a way of satisfying the judgment. These personal properties include the debtor’s real estate, wages, and assets. However, per section 9-26-4 of the Courts and Civil procedure, certain personal properties are exempted from seizure. Therefore a levy cannot be attached to those specific properties or wages of the debtor.
Typically, a Rhode Island constable (levying officer) is responsible for filing a copy of execution with the county clerk where a debtor’s property is located. This enables the seizure of a debtor’s property on behave of the creditor. After which, a notice (wages or assets) is sent to the debtor. A claim of exemption may be filed before the court hearing date, provided assets or wages included in the execution are protected under exemption laws. These claims are filed through the clerk of the courthouse where the hearing would take place.
Rhode Island Judgment Interest Rate
Per section 9-21-10 of the Courts and Civil procedure, the judgment interest rate on civil actions is 12% per annum from the judgment entry date. Hence, an unpaid judgment is subject to accumulation until the judgment is satisfied.
What is a Default Judgment?
A default judgment is a judgment issued as a result of a party’s failure to adequately respond to a civil complaint. The court clerk may enter a default judgment when a party to the case motions the court for a judgment after the defaulting party fails to respond to a notice to default. This would lead the court to award the movant the relief requested in a civil suit. However, a defendant with legitimate reasons for defaulting may file a motion to set aside or vacate a default judgment in an attempt to revive the civil complaint.
How to File a Motion To Set Aside Default Judgment in Rhode Island
In Rhode Island, a default judgment is issued when a party to a civil complaint is unaware of the complaint filed against them and as a result, fails to properly respond to the civil suit. However, both federal and state laws allow the possibility to have default judgments retracted through defaulting parties filing a motion to set aside the default judgment. When the court approves the motion, a new trial and trial date would be granted and issued by the court. Motioning to set aside a default judgment is also referred to as “vacating a judgment”.
File Motion To Vacate Judgment in Rhode Island
A motion to vacate a judgment form can be filed with the clerk of the courthouse a defendant’s hearing was supposed to take place. In this form, the defendant would need to provide a valid reason for missing their hearing date and violating the summons. It is important to seek an attorney’s advice when filing a motion to vacate a default judgment. The Rhode Island judiciary attorney search portal or other third-party sites online can be used to find an attorney within Rhode Island to help in the process.
How To Remove An Abstract Of Judgment In Rhode Island
In Rhode Island, an abstract of judgment is a lien placed on a debtor’s personal properties that grantee a creditor’s rights to certain amounts of the proceeds when the property is sold. By placing an abstract of judgment, a creditor can ensure that a judgment awarded by a court would be satisfied. An abstract of judgments can be attached to a debtor’s property by requesting an execution attachment with a court. When granted the creditor can file the execution with the recorder of deeds or the clerk of the county where the debtor’s property is located. However, the execution attachment must be filed within 48 hours after a judgment entry.
An abstract of judgment can be removed from a debtor’s property after a judgment has been fully paid. The creditor would need to pay for a “satisfaction of judgment” form and file the form with the clerk of the courthouse where the judgment was issued. A satisfaction of judgment form would also need to be filed with the county clerk where the affected debtor’s property is located to remove the abstract judgment.
How Long Is a Judgment Good For In Rhode Island
In Rhode Island, a judgment is good for 20 years. After that, the judgment can not be renewed and all rights and obligations provided therein become void under state laws.
Rhode Island Judgment Statute of Limitations Law
Rhode island judgment statute of limitation law is governed under section 9-1-17 of the Court and Civil Procedure (period of enforceability). This law provides a 20 year period in which a judgment may be enforced.
