Rhode Island Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee

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The U.S. Bankruptcy Code also allows individual debtors who meet certain financial criteria to adopt extended time payment plans for the payment of debts. An individual debtor on a regular income may submit a plan for installment payment of outstanding debts. This is called a Chapter 13 Plan. This plan must be confirmed by the court. Once it is confirmed, debts are paid in the manner specified in the plan. After all payments called for by the plan are made, the debtor is given a discharge. The plan is, in effect, a budget of the debtor's future income with respect to outstanding debts. The plan must provide for the eventual payment in full of all claims entitled to priority under the Bankruptcy Code. The plan will be confirmed if it is submitted in good faith and is in the best interest of the creditors.


A Chapter 13 plan must provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan. After the confirmation of a Chapter 13 plan, the court may exercise its discretion and order any entity from whom the debtor receives income to pay all or part of such income to the trustee.

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FAQ

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.

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.

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.

Limits on Wage Garnishment in Delaware Under Delaware law, the most that can be garnished from your wages is 15% of your wages.

Garnishee: The person to whom the Notice of Garnishment (garnishment) has been delivered. Examples of a garnishee would be an employer or a bank.

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.

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Rhode Island Order Requiring Debtor's Employer to Remit Deductions from a Debtor's Paycheck to Trustee