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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 $_________________________.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, or excusable neglect; (2) Newly discovered evidence which by due diligence could not have been discovered ...
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 law allows for a continuing withholding of your wages. This means your wages can be continually garnished until the judgment is fully paid. Your employer will be required to notify the court and the creditor's attorney by affidavit of what funds are being withheld each payday from your disposable earnings.
Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.
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.
Writ of Garnishment in Rhode Island Garnishment involves two-steps: first the creditor sues and obtains a judgment; then the creditor seeks garnishment. Before the creditor can try to garnish the debtor's wages, the debtor has (in theory) already had his or her day in court.
Rhode Island Statute Of Limitations Creditors in Rhode Island have ten years to sue you for an unpaid loan, promissory note, or credit card. A creditor can still call and send you bills even after the statute of limitations has expired.