The Rhode Island Notice of Attachment (Not For Wages) is a legal document used to place a lien on a debtor’s assets for the purpose of collecting a debt. It is a type of prejudgment remedy that allows creditors to secure a right to a judgment debtor's assets before a court ruling. The Notice of Attachment (Not For Wages) is issued by the court to the debtor, and it requires the debtor to immediately turn over to the creditor certain assets that have been designated in the order. There are two types of Rhode Island Notice of Attachment (Not For Wages): Non-Exempt Property Attachment and Wage Attachment. The Non-Exempt Property Attachment applies to all property that is not protected from seizure by the state’s exemptions laws, such as real estate, vehicles, and personal property. The Wage Attachment applies to any wages earned by the debtor. The Notice of Attachment will specify the amount of wages that must be withheld from the debtor’s paychecks and remitted to the creditor.
Rhode Island Notice of Attachment (Not For Wages)
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FAQ
Many Rhode Island mortgages have a provision that requires the lender to send a notice, commonly called a "breach letter," informing you that the loan is in default before the lender can accelerate the loan. The breach letter gives you a chance to cure the default and avoid foreclosure.
What happens if a defendant does not pay a judgement? A creditor can enforce the judgement and use state laws to seize assets in the hands of the debtor or third parties to collect the amount owed.
How does a creditor go about getting a judgment lien in Rhode Island? To attach the lien, the creditor must request execution of attachment within 48 hours after entry of the judgment, then file the execution with the town clerk or recorder of deeds in the Rhode Island town where the debtor's property is located.
It is a court order that says you owe money to a specific person or company. A judgment lasts for 20 years. If at some time in the 20 years after the judgment you have wages or assets, the creditor may attach, or take your wages or money to pay the debt.
DEFAULT JUDGMENT If the defaulting party fails to cure the default after proper notice, plaintiff may motion the court for a judgment to be entered awarding the plaintiff the relief sought in the complaint.
R.I. Gen. Laws § 9-26-33. Final judgments create a lien upon real estate for a period of ten years.
A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years.