STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DISTRICT COURT NOTICE AND MOTION TO ATTACH WAGES Plaintiff/Creditor Defendant/Debtor Civil Action File Number Attorney for the Plaintiff/Creditor or the Plaintiff/Creditor Address of the Plaintiff/Creditor's Attorney or the Plaintiff/Creditor Address of the Defendant/Debtor Murray Judicial Complex 2nd Division District Court 45 Washington Square Newport, Rhode Island 02840-2913 *(401) 841-8350 McGrath Judicial Complex 4th Division District Court 4800 Tower Hill Road Wakefield, Rhode Island 02879-2239 *(401) 782-4131 Noel Judicial Complex 3rd Division District Court 222 Quaker Lane Warwick, Rhode Island 02886-0107 *(401) 822-6750 Garrahy Judicial Complex 6th Division District Court One Dorrance Plaza Providence, Rhode Island 02903-2719 *(401) 458-5400 DATE, TIME, AND LOCATION OF HEARING HEARING DATE: TIME: A HEARING WILL BE HELD ONLY IF YOU FILE A TIMELY OBJECTION COURTROOM: OBJECTION DATE: YOU MUST FILE AN OBJECTION BY THIS DATE OR THERE WILL BE NO HEARING The above-named Plaintiff/Creditor has obtained a judgment against the Defendant/Debtor and now requests permission from the court to attach your wages. Some or all of your wages may be exempt from attachment under federal or state law. For example, a state exemption provides that wages cannot be attached if you received public assistance within the last year, nor can any wages be attached if you are now receiving any form of public assistance. You have a right to be heard in court if you claim to have been on public assistance within the last year or claim any other exemption. Page 1 of 3 DC-48 (revised October 2014) American LegalNet, Inc. www.FormsWorkFlow.com STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DISTRICT COURT A federal exemption provides that you must receive from your disposable weekly earnings an amount equal to at least thirty (30) times the federal minimum hourly wage. Also, if your disposable weekly earnings are less than forty (40) times the minimum hourly wage, only the amount greater than thirty (30) times the minimum hourly wage can be attached. If your disposable weekly earnings are greater than forty (40) times the minimum wage, the first 75% is exempt. The term "disposable earnings" means that part of your earnings remaining after the deduction from those earnings of any amounts required by law to be withheld, such as Social Security, federal and state income taxes, and unemployment and temporary disability insurance contributions. The federal exemption is automatically granted without the necessity of a court appearance by you. However, you must file an objection and appear in court to claim all other exemptions. TO THE DEFENDANT/DEBTOR: HOW TO OBJECT TO ATTACHMENT If you claim an exemption, you must complete the attached Defendant/Debtor's Objection to Wage Attachment and file it with the clerk on or before the Objection Date (listed above). You are also required to mail a copy of your objection to the Plaintiff/Creditor's attorney or to the Plaintiff/Creditor directly if selfrepresented. If you file a timely objection, you must appear in court on the Hearing Date listed above. If you do not file an objection, the Plaintiff/Creditor will be allowed to attach your wages to the extent permitted by law without further notice to you. If you need language assistance, please contact the Office of Court Interpreters at (401) 222-8710 or by email at interpreterfeedback@courts.ri.gov before your court appearance. * If an accommodation for a disability is necessary, please contact the District Court Clerk's Office at the telephone number listed above as soon as possible. TTY users can contact the District Court through Rhode Island Relay at 7-1-1 or 1-800-745-5555 (TTY) to voice number. FAILURE TO FILE AN OBJECTION BY THE ASSIGNED OBJECTION DATE MAY RESULT IN THE CONTINUED ATTACHMENT OF YOUR PROPERTY. Page 2 of 3 DC-48 (revised October 2014) American LegalNet, Inc. www.FormsWorkFlow.com STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DISTRICT COURT CERTIFICATE OF SERVICE I hereby certify that, on the ______ day of _____________________, 20____: I filed and served this document through the electronic filing system on the following parties: __________________________________________________________________________________. The document electronically filed and served is available for viewing and/or downloading from the Rhode Island Judiciary's Electronic Filing System. I served this document through the electronic filing system on the following parties: __________________________________________________________________________________. The document electronically served is available for viewing and/or downloading from the Rhode Island Judiciary's Electronic Filing System. I mailed or hand-delivered this document to the attorney for the opposing party and/or the opposing party if self-represented, whose name is __________________________________________ at the following address ______________________________________________________________. /s/ ___________________________________ Name Page 3 of 3 DC-48 (revised October 2014) American LegalNet, Inc. www.FormsWorkFlow.com STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DISTRICT COURT DEFENDANT/DEBTOR'S OBJECTION TO WAGE ATTACHMENT Plaintiff/Creditor Defendant/Debtor Civil Action File Number Attorney for the Plaintiff/Creditor or the Plaintiff/Creditor Address of the Plaintiff/Creditor's Attorney or the Plaintiff/Creditor Address of the Defendant/Debtor 2nd Division District Court Murray Judicial Complex 45 Washington Square Newport, Rhode Island 02840-2913 *(401) 841-8350 4th Division District Court McGrath Judicial Complex 4800 Tower Hill Road Wakefield, Rhode Island 02879-2239 *(401) 782-4131 3rd Division District Court Noel Judicial Complex 222 Quaker Lane Warwick, Rhode Island 02886-0107 *(401) 822-6750 6th Division District Court Garrahy Judicial Complex One Dorrance Plaza Providence, Rhode Island 02903-2719 *(401) 458-5400 DATE, TIME, AND LOCATION OF HEARING HEARING DATE: TIME: A HEARING WILL BE HELD ONLY IF YOU FILE A TIMELY OBJECTION COURTROOM: OBJECTION DATE: YOU MUST FILE AN OBJECTION BY THIS DATE OR THERE WILL BE NO HEARING Listed below are several possible defenses to the motion to attach your wages which the Plaintiff/Creditor has filed against you. If one or more of these defenses apply to your case, check the appropriate box(es) below and sign the form. There may be other defenses not listed