[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debtor's Name] [Debtor's Address] [City, State, ZIP] Subject: Rhode Island Sample Letter for Judgment-Garnishment Dear [Debtor's Name], I hope this letter finds you well. Unfortunately, it has come to my attention that you have failed to honor your financial obligations as outlined in [Case Number] related to the judgment dated [Judgment Date]. To legally enforce the judgment and recover the outstanding amount owed, it has become necessary to initiate a garnishment process. The State of Rhode Island provides a legal framework for such circumstances, which enables the creditor to collect the judgment debt directly from a debtor's wages, salary, or bank accounts. This letter serves as an official notice that we will be proceeding with garnishment if the outstanding debt is not settled within [number of days] days from the date of this letter. Failure to comply with this demand within the specified time frame will leave us no choice but to commence legal action to enforce the garnishment. Please be informed that garnishment involves deducting a portion of your income or funds held in your bank account to satisfy the judgment. In accordance with Rhode Island law, the maximum garnishment rate allowed is 25% of your disposable earnings or the amount by which your weekly disposable income exceeds 30 times the federal minimum hourly wage (currently set at $7.25). Furthermore, there are several types of garnishment available in Rhode Island, including: 1. Wage Garnishment: This type of garnishment involves deducting a portion of your earnings directly from your paycheck until the judgment debt is satisfied. 2. Bank Account Garnishment: In the event that you do not have sufficient income subject to wage garnishment, funds may be seized from your bank account to satisfy the judgment. 3. Property Liens: If you own real estate in Rhode Island, a lien may be placed on your property as a means of securing the judgment debt. This may result in complications if you intend to sell or refinance your property. It is my sincere hope that we can resolve this matter amicably to avoid the potentially unfavorable consequences of garnishment. I strongly urge you to take immediate action by contacting our office at [Phone Number] to discuss a suitable payment arrangement that aligns with your financial circumstances. Please be advised that any failure to respond in a timely manner or disregard of this notice will leave us with no option but to proceed with necessary legal actions to enforce the garnishment. Kindly note that if legal action becomes necessary, you may be responsible for additional costs incurred in the process. We sincerely hope to avoid such actions and look forward to your prompt attention to this matter. Feel free to contact us with any questions or concerns you may have. Your cooperation is greatly appreciated. Yours sincerely, [Your Name]
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.
