Judgment of Civil Liability Frequently Asked Questions

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Which documents do I need to file a new case?
You will need to file a Petition to Enforce Judgment of Civil Liability – Restitution and a copy of your Judgment of Civil Liability - Restitution.
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Do I need a lawyer to file my case?
No, but the Superior Court always recommends contacting an attorney for advice. For information, call the Rhode Island Bar Association at (401) 421-5740.
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What is the cost of filing my restitution case?
The filing fee is $180.75 and there is a $75 fee for the issuance of a Writ of Execution and Citation in Supplementary Proceedings (see below for an explanation of this process). In addition to these fees, the Sheriff’s Department charges $45 to serve notice on the defendant of the case. If you are unable to afford the fees, you must file a Motion, Affidavit, and Order to Proceed In Forma Pauperis to request that the court waive the fees. The Clerk’s Office will make the forms available to you upon request.
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What if I do not have a copy of my Judgment of Civil Liability - Restitution or I do not know the address of the defendant?
Upon your request, the Clerk’s Office will provide you a copy of your Judgment of Civil Liability - Restitution and the last known address of the defendant if there is one on file.
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What is the importance of having an address for the defendant?
Locating the defendant to properly serve the Writ of Execution and Citation in Supplementary Proceedings is important to make the defendant aware you have filed a case against the defendant in Superior Court. Serving this document notifies the defendant to appear before the court.

The case cannot proceed if the defendant is unable to be served. The Clerk’s Office will provide the last known address of the defendant. If the defendant is no longer at that address, you have the responsibility to locate the defendant through research, private investigator, or other means.
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Now that I am trying to get paid the restitution owed to me by filing a civil lawsuit, who are the parties to the case?
In this case, there are two (2) party types. The first party is the petitioner, who was the victim in the original criminal case and to whom restitution (money) is owed. Sometimes the petitioner is referred to as the “judgment creditor.”

The second party is the defendant. The defendant is the person who owes restitution to the petitioner. Sometimes the defendant is referred to as the “judgment debtor.”
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What does the Writ of Execution and Citation in Supplementary Proceedings do?
The Writ of Execution and Citation in Supplementary Proceedings demands payment from the defendant (Writ of Execution) and schedules a hearing date if full payment is not made (Citation in Supplementary Proceedings). The Writ of Execution may be recorded against the defendant’s real estate in the land evidence records of the city or town where that real estate is located. If you have recorded the Writ of Execution, the defendant will be unable to sell the real estate.
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What is a supplementary proceedings hearing?
A supplementary proceedings hearing is scheduled at the request of the petitioner. The defendant must appear before the court to explain why payment has not been made on the judgment. The judicial office can examine the defendant’s circumstances and ability to pay at this hearing.
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What happens if the defendant does not appear in court?
The plaintiff may request that a civil body attachment be issued. That means that the defendant may be arrested civilly and be brought before the court immediately. If the defendant is arrested civilly and brought to court, the plaintiff must be able and available to appear at that time.
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What are some potential outcomes of a supplementary proceedings hearing?
Supplementary proceedings are governed by Rule 69 of the Superior Court Rules of Civil Procedure. On the day of the hearing, the petitioner and the defendant may enter into an installment payment agreement. The payment amount and method of payment are memorialized in an order signed by the judicial officer presiding over the hearing.

If a payment agreement cannot be established between the parties, the judicial officer may ask about the defendant’s assets, income, and circumstances and the defendant’s financial ability to pay.

After the supplementary proceedings hearing, the plaintiff may file motions to attach bank accounts, the defendant’s personal estate, or attach wages in accordance with the Superior Court Rules of Civil Procedure, in particular Rule 69.

The Superior Court has jurisdiction in civil matters where the amount exceeds $10,000. The court shares jurisdiction with the District Court in matters where the amount is between $5,000 and $10,000. Any matters under $5,000 reside in the District Court.