Rhode Island Sample Letter for Judgment - Garnishment
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How to fill out Sample Letter For Judgment - Garnishment?
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FAQ
Section 10-5-8 of Rhode Island Law provides for a continuing withholding of your employee's earnings. Effective with the accompanying Writ of Attachment you are to withhold from your employee's earnings until you are in possession of $_________________________.
If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.
In addition, when objecting to wage garnishment in Rhode Island, you must prove your case by providing evidence or documentation to support your claim. In addition, you may need to appear in court for the hearing, and the court will give the judgment after you present your case or a few days later, but in written form.
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.
Public benefits or assistance: many types of income derived from public assistance or benefits are protected from garnishment, including workers' compensation; unemployment benefits; aid to families with dependent children; aid to the blind, aged, and disabled; temporary disability; general assistance; certain ...
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
The court allows a hearing where you may claim an exemption that may stop the attachment. If you claim an exemption, you must complete the attached Defendant/Debtor's Objection to Notice of Attachment (Not for Wages) and file it with the clerk on or before the Objection Date (listed above).
Rhode Island follows federal law in setting out the maximum amount of non-exempt income subject to garnishment. The most that can be garnished is the lesser of: 25% of the debtor's disposable income.
