Wage garnishment and exemptions in Rhode Island

How much can they take from your paycheck in Rhode Island?

Credit cards, medical bills and other ordinary debts, once a creditor has a judgment.

Deadline and form to protect your money in Rhode Island

The papers from the court, your employer or your bank list the deadline to claim an exemption. Ask the court how to file the claim: Rhode Island court self-help (official).

Your paycheck and garnishment in Rhode Island

Wage limit

Federal limit applies: up to 25% of disposable earnings, or the amount above $217.50 a week (30 times the federal minimum wage), whichever is less. Rhode Island fully protects wages of someone who received public relief, for one year after the relief ends.

Law

15 U.S.C. § 1673; R.I. Gen. Laws § 9-26-4(8), (18)

Rhode Island is one of 17 states in our 48 state guides that use the federal limit (15 U.S.C. 1673(a)).

In nearby states

• Connecticut: Up to 25%
• Massachusetts: Up to 15%
• Vermont: Up to 15%

Property you can keep in Rhode Island

• Homestead up to $500,000 in your principal residence, automatic (R.I. Gen. Laws § 9-26-4.1).
• Motor vehicles up to $12,000 total and household goods up to $9,600 (R.I. Gen. Laws § 9-26-4(3), (13)).

What Rhode Island protects in a bank account

$500 in savings or other deposits (R.I. Gen. Laws § 9-26-4(18)).

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

Child support, student loans and taxes: different limits

• Child support: up to 50% of disposable earnings if you support another spouse or child, or 60% if you don't; 5% more if the support is more than 12 weeks late (15 U.S.C. 1673(b)).
• Federal student loans: up to 15% of disposable pay, without a court case, after a written notice at least 30 days ahead (20 U.S.C. 1095a).
• Other debts owed to a federal agency: 15% of disposable pay at most, with the same 30-times-minimum-wage floor as other garnishments (31 CFR 285.11).
• Federal taxes: an IRS wage levy is not capped at 25%: you keep an amount based on your filing status and dependents, so return your employer's Statement of Dependents and Filing Status within 3 days (26 U.S.C. 6334(a)(9), (d); IRS wage levy rules).

The lawsuit comes first in Rhode Island

If you don't answer in time, the court can enter a default judgment against you for what the plaintiff asked for (the District Court summons must warn you of this, R.I. Dist. Ct. Civ. R. 4(a)).

If you are sued, answer on time. In Rhode Island: District Court civil case: serve your answer within 20 days after you are served (R.I. Dist. Ct. Civ. R. 12(a)).

What to do if you are sued in Rhode Island

How to claim an exemption in Rhode Island

1. Read every notice

   Look for the date to claim exemptions on every court, employer or bank notice.

2. Know Rhode Island's limit

   Rhode Island's wage rule: Federal limit applies: up to 25% of disposable earnings, or the amount above $217.50 a week (30 times the federal minimum wage), whichever is less.

3. Protect your bank money

   Rhode Island also protects money in an account: $500 in savings or other deposits (R.I. Gen. Laws § 9-26-4(18)). Two months of direct-deposited federal benefits must be left alone (31 CFR 212.6).

4. File the exemption claim

   Get the exemption claim form from the clerk and file it in time. Start with Rhode Island court self-help (official).

5. Ask for free help

   Free help in Rhode Island: Rhode Island Legal Services and CFPB – submit a complaint.

Questions about garnishment in Rhode Island

More for Rhode Island

• The full Rhode Island guide
• Sued by a debt collector in Rhode Island: 20 days
• Debt collector laws in Rhode Island: license required
• “Is my debt too old?” checker for Rhode Island
• Dispute a debt and ask for proof (validation letter)
• Tell a collector to stop or limit contact
• Wage garnishment limits by state
• Guide: sued by a debt collector