§ 10-5-8. Garnishment of wages restricted to amounts not exempt — Child support to have priority.
(a) Any writ of attachment, served as a writ of garnishment for the attachment of the personal estate of the defendant in the hand and possession of any employer of the defendant, shall be effective to attach so much only of such personal estate consisting of the salary or wages due and payable to the defendant, or to become in the future due and payable to the defendant, as is in excess of the amount of the defendant’s salary or wages exempt by law from attachment. And the garnishee, being the defendant’s employer, shall be required to make affidavit and shall be held liable for the defendant’s personal estate consisting of the salary or wages due and payable to the defendant or to become in the future due and payable to the defendant only in respect of the excess amount exempt from attachment. Any writ of garnishment served under the provisions of this section shall state the judgment amount, and the employer shall withhold sums not exempt by law until the amount of withholding equals the amount of the judgment. The employer shall be entitled to the sum of five dollars ($5.00), payable directly from the employee to the employer, for each writ of garnishment served upon the employer regarding any employee.
(b) Subject to any federal or state law to the contrary, any garnishment of wages for child support issued pursuant to § 15-5-25, and any wage assignment pursuant to § 15-5-24, or chapter 16 of title 15 shall take priority over any garnishment issued in accordance with this section. This priority shall occur whether or not the garnishment or assignment pursuant to § 15-5-24 or 15-5-25 or chapter 16 of title 15 occurs before or after any garnishment pursuant to this section. In addition, consistent with federal and state law, the state court system may develop a system for the collection of court imposed or assessed fines, costs, fees or other assessments, including restitution, through wage assignment procedures.
History of Section.G.L., ch. 351, § 30, P.L. 1932, ch. 1898, § 1; G.L. 1938, ch. 548, § 2; G.L. 1956, § 10-5-8; P.L. 1981, ch. 350, § 1; P.L. 1988, ch. 295, § 1; P.L. 1992, ch. 235, § 1; P.L. 1997, ch. 326, § 95.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Section 10-5-1. - “Trustee” defined.
Section 10-5-3, 10-5-4. - Repealed.
Section 10-5-5. - Writ of attachment after filing of equitable complaint.
Section 10-5-6. - Writ in tort action against nonresident.
Section 10-5-7. - Classes of property named in writ.
Section 10-5-9. - Method of attaching real estate.
Section 10-5-10. - Value of goods attached.
Section 10-5-11. - Service of writ on defendant.
Section 10-5-12. - Custody of attached goods.
Section 10-5-13. - Defendant’s bond.
Section 10-5-14. - Reduction of damages before bond.
Section 10-5-15. - Filing of bond and delivery of property to defendant.
Section 10-5-16. - Surrender of attached goods on defendant’s bond.
Section 10-5-17. - Release of real estate on bond.
Section 10-5-17.1. - Discharge of sheriff’s bond for want of action.
Section 10-5-18. - Reduction of damages or partial release of property.
Section 10-5-19. - Attachment of corporate stock or trust estate.
Section 10-5-20. - Account rendered by corporate officer.
Section 10-5-21. - Filing of officer’s account — Certification.
Section 10-5-22. - Defendant’s bond on corporate stock or trust estate.
Section 10-5-23. - Release of stock or trust estate on acceptance of bond by officer.
Section 10-5-24. - Release of stock or trust estate by plaintiff.
Section 10-5-25. - Liens and claims on stock preserved.
Section 10-5-26. - Attachment of mortgaged personal property.
Section 10-5-27. - Sale of mortgaged property.
Section 10-5-28. - Proceeds of sale of mortgaged property.
Section 10-5-29. - Redemption of mortgage by plaintiff in attachment.
Section 10-5-30. - Defeat of attachment by failure to sell or redeem from mortgage.
Section 10-5-32. - Surety on defendant’s bond — Lien on surety’s real estate.
Section 10-5-33. - Inventory included in return of writ.
Section 10-5-34. - Subsequent attachments of other property.
Section 10-5-35. - Application to sell perishable property or property expensive to keep.
Section 10-5-36. - Sale of perishable property or property expensive to keep.
Section 10-5-37, 10-5-38. - Repealed.
Section 10-5-39. - Charges for attested copies restricted to charge for one person.
Section 10-5-40. - Attested copies on demand — Fee.
Section 10-5-41. - Time of attachment shown in return.
Section 10-5-42. - Appointment of receiver — Effect on attachment.
Section 10-5-43. - Prerequisites to dismissal of receivership.
Section 10-5-44. - Dissolution of attachment of real property for want of action.
Section 10-5-45. - Dissolution of attachment for failure to file complaint.
Section 10-5-46. - Dissolution of attachment of real estate after 20 years.