Rhode Island Motion to Release Property from Levy upon Filing Bond

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Multi-State
Control #:
US-03319BG
Format:
Word; 
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

X, Rule 7 of the Rhode Island Supreme Court Rules Governing Electronic Filing, Eevery pleading, written motion, and other paper of a party represented by an attorney shall be personally signed by at least one (1) attorney of record in the attorney's individual name and shall state the attorney's, whose address, email ...

Child support in Rhode Island should end when a child reaches the age of 18 years old and graduates high school. If the child of the parties is still finishing high school at his or her 18th birthday, then support shall not stop until the child graduates high school or attains the age of nineteen years old (19).

The non-custodial parent is provided written notice ten (10) days prior to the release of in- formation to allow him/her an opportunity to contest. Any past due child support accrues interest at 12% annually or 1% per month on the unpaid balance.

Article I, Rule 12A(1) of the Rhode Island Supreme Court Rules of Appellate Procedure requires the submission of Prebriefing Statements. That rule provides, in relevant part: ?Within twenty (20) days after the docketing of the record of an appeal with the clerk of the Supreme Court, . . . the appellant . . .

SOURCES OF CIVIL PROCEDURE The C.I 59 is a subsidiary legislation made by the Rules of Court Committee pursuant to Article 157 (2) of the 1992 Constitution. The CI 59 is the first source to guide a magistrate as to the procedure to follow in civil cases.

However, a "deadbeat" parent - that is, one who fails to pay the full amount of child support every month - can face significant fines and even jail time in some circumstances. A child support obligation continues as long as the child support order is in place or until the child reaches the age of majority.

If the court finds that the non-custodial parent had the ability to pay child support and willfully failed to do so, they may be found in willful contempt and may be incarcerated until the contempt is "purged".

Child Support Contempt Hearings in Rhode Island If the custodial parent is not receiving regular or timely child support payments, they may petition the court to hold the other partner in contempt for failure to pay.

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Rhode Island Motion to Release Property from Levy upon Filing Bond