Rhode Island General Laws — Title 44 (Taxation)
R.I. Gen. Laws § 44-11-38
Collection by writ of execution
If any tax or penalty imposed by this chapter is not paid within thirty (30) days after the tax or penalty shall become due and payable, the tax administrator, in addition to any other powers provided by law, may petition the sixth (6th) division of the district court for a writ of execution, setting forth the nonpayment of the tax or penalty. The court shall appoint a time for a hearing and shall cause a reasonable notice to be given to the adverse party, and at the time and place of the return of the notice shall summarily proceed to hear the parties. If upon the hearing it shall appear that the tax or penalty is unpaid, the court shall issue an execution for the collection of the tax or penalty, which shall run to the sheriffs, or their deputies, of the several counties of this state, and in which the officer making service of the execution shall be commanded to levy upon the property of the corporation as may be taken on execution, and the officer charged with the service of the execution shall serve the execution as commanded, and shall sell the property seized as property is sold when taken on execution in actions at law, or the court shall take any other action as it may deem proper to enforce the payment of the tax by the appointment of a receiver of the property of the corporation or otherwise. A party aggrieved by a final order of the court may seek review of the order in the supreme court by writ of certiorari in accordance with the procedures contained in § 42-35-16.
Amendment history
History of Section. G.L. 1938, ch. 37, § 18; P.L. 1947, ch. 1887, art. 1, § 1; G.L. 1956, § 44-11-38; P.L. 1976, ch. 140, § 21.
Source: view the official text
In this chapter (40 sections)
- 44-11-11.3 · Accelerated amortization deductions for certain…
- 44-11-12 · Dividends and interest excluded from net income
- 44-11-13 · Entire net income of business wholly within state
- 44-11-14 · Allocation of income from business partially within state
- 44-11-14.1 · Certified facility apportionment exclusion
- 44-11-14.2 · Allocation and apportionment of regulated investment…
- 44-11-14.3 · Credit card banks â Allocation and apportionment of…
- 44-11-14.4 · Allocation and apportionment â Retirement and pension…
- 44-11-14.5 · International investment management service income
- 44-11-14.6 · Allocation and apportionment â Manufacturers
- 44-11-15 · Variation of method of allocating income
- 44-11-19 · Supplemental returns â Additional tax or refund
- 44-11-20 · Claims for refund â Hearing upon denial
- 44-11-21 · Information confidential â Types of disclosure authorized…
- 44-11-22 · Tax administratorâs power to summon witnesses and evidence
- 44-11-23 · Service of summons
- 44-11-24 · Enforcement of summons
- 44-11-25 · Determination of tax without return
- 44-11-26 · Pecuniary penalty for failure to file return or to pay tax…
- 44-11-26.1 · Revocation of articles or authority to transact business…
- 44-11-27 · Pecuniary penalty for fraud
- 44-11-28 · Collection of pecuniary penalties
- 44-11-29 · Notice to tax administrator of sale of assets â Tax due
- 44-11-29.1 · Letters of good standing â Fees
- 44-11-30 · Examination of taxpayerâs records â Witnesses
- 44-11-31 · Examinations as to liability of transferee
- 44-11-32 · Violations by corporations
- 44-11-33 · Violations by individuals
- 44-11-34 · Criminal penalty for failure to file return
- 44-11-35 · Appeals
- 44-11-36 · Liability of fiduciaries
- 44-11-37 · General collection powers
- 44-11-38 · Collection by writ of execution
- 44-11-39 · Tax as debt to state
- 44-11-40 · Severability
- 44-11-41 · Tax credit for machine tool, metal trade or plastic process…
- 44-11-42 · Repealed
- 44-11-43 · Passive investment treatment
- 44-11-44 · Annual Rhode Island corporate income and tax data report
- 44-11-45 · Repealed