How to Stop Wage Garnishment in Rhode Island (2025 Guide)

A wage garnishment order hits hard. One day your paycheck is normal, the next your employer tells you a quarter of it is going to a creditor. In Rhode Island, you have 20 days from the date of service to file an objection. Miss that window and the garnishment starts.

The good news: Rhode Island's garnishment laws are tighter than most states. The state caps most garnishments at 25% of disposable income and protects essential benefits. You can fight this, but you need to act fast.

What Rhode Island Law Allows Creditors to Take

Under RI Gen L § 10-5-8, creditors can garnish the lesser of:

• 25% of your disposable earnings, or
• The amount by which your weekly disposable income exceeds 40 times the federal minimum hourly wage (currently $7.25, so $290/week)

If you make $800/week after taxes, that's $200 in garnishable income using the 25% rule. If your take-home is $400/week, the creditor gets $110 ($400 minus $290). The law takes whichever number is smaller.

Child support and tax debt follow different rules. The IRS and Rhode Island Division of Taxation can take more. Child support garnishments run 50% to 65% depending on whether you're current or behind on payments.

Before Garnishment: The Lawsuit You Probably Ignored

Wage garnishment doesn't come out of nowhere. A creditor has to sue you, win a judgment, and then request a wage execution. If you're reading this because you just got served with a debt lawsuit, you still have time to prevent garnishment entirely.

You have 20 days from service of the complaint to file an Answer with the court. That Answer forces the creditor to prove the debt is valid, the amount is correct, and they have standing to sue. Most debt buyers cannot produce original signed contracts or a complete chain of custody. If you default by ignoring the lawsuit, the garnishment becomes almost inevitable.

If you're still at the lawsuit stage, find out whether filing an Answer or bankruptcy makes more sense before the judgment hits.

How to Object to a Wage Garnishment in Rhode Island

Once a creditor wins a judgment, they file a wage execution with the court and serve it on your employer. You receive a copy. That copy includes a notice of your right to object. You have 20 days to file your objection with the court and serve it on the creditor's attorney.

Valid Grounds for Objection

Your objection must state a legal reason the garnishment should be stopped or reduced. Courts accept objections based on:

• Exempt income: The garnishment targets Social Security, SSI, disability, unemployment, workers' comp, veterans benefits, or other protected funds.
• Calculation errors: The creditor is taking more than 25% of disposable income or miscalculated the 40x minimum wage threshold.
• Already paid or settled: You paid the debt, settled it, or the statute of limitations expired before the lawsuit.
• Procedural failure: The creditor didn't properly serve the wage execution or follow Rhode Island's notice requirements.
• Financial hardship: The garnishment leaves you unable to afford rent, utilities, or food. This rarely stops the garnishment entirely but can reduce the amount.

Filing Your Objection

File your objection in the same court that issued the judgment. Include:

• Case name and docket number
• Specific reason you're objecting
• Supporting evidence (pay stubs, benefits statements, bank records)
• A request for a hearing

Serve a copy on the creditor's attorney by certified mail. The court will schedule a hearing within 10 to 20 days. Bring all documentation. If you claim exempt income, bring proof: SSA award letter, unemployment determination, disability notice. If you're claiming the amount is wrong, bring recent pay stubs showing gross, deductions, and net.

If the judge grants your objection, the garnishment stops. If the judge reduces the amount, the new garnishment percentage takes effect immediately.

Income Rhode Island Law Protects from Garnishment

Certain income sources cannot be touched by most creditors:

• Social Security retirement and disability benefits
• Supplemental Security Income (SSI)
• Unemployment compensation
• Workers' compensation
• Veterans benefits
• Public assistance (SNAP, TANF)
• Child support received (not owed)

These protections apply to funds in your bank account if you can prove the money came from an exempt source. If a creditor garnishes your bank account and the funds are exempt, you must file a separate objection within 10 days of receiving notice. The bank freezes the account immediately, so speed matters.

One critical exception: student loan debt. Federal student loans can be garnished administratively without a lawsuit. The Department of Education can take up to 15% of disposable income for defaulted federal loans. Private student loans still require a judgment.

How Bankruptcy Stops Wage Garnishment Immediately

Filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay. The stay is a federal court order that stops all collection activity, including wage garnishment, the moment you file. Your employer receives notice within days and must stop withholding funds.

Chapter 7 typically discharges credit card debt, medical bills, and personal loans within 90 to 120 days. The garnishment doesn't restart because the debt is wiped out. Chapter 13 sets up a 3- to 5-year repayment plan. Garnishment stops, but you make monthly plan payments instead.

Bankruptcy doesn't eliminate child support, most tax debt, or student loans (except in rare hardship cases). But if credit card judgments or medical debt are draining your paycheck, bankruptcy ends the garnishment for good.

Most people qualify for Chapter 7 if their income falls below Rhode Island's median income (around $101,000 for a family of four as of 2025). If you're above the median, you may still qualify based on your expenses, or Chapter 13 may be the better route. Check your bankruptcy options here in under two minutes.

What Your Employer Must Do (and Can't Do)

Rhode Island law prohibits your employer from firing you, demoting you, or retaliating against you because of a single wage garnishment. If you face multiple garnishments, the protection disappears. Employers are not required to continue employing someone with ongoing garnishments from multiple creditors.

Your employer must:

• Give you a copy of the wage execution within 3 days of receiving it
• Begin withholding funds as ordered by the court
• Send withheld wages to the creditor or the court
• Respond to objections or bankruptcy stays immediately

Your employer cannot withhold more than the law allows. If your HR department miscalculates and takes too much, they are liable for the overage. Keep copies of every pay stub during garnishment.

Negotiating a Settlement to Stop Garnishment

Once garnishment starts, creditors often become more willing to settle. They already won. They have your money. But garnishment is slow. If you owe $8,000 and they're taking $200/month, it'll take over three years to collect.

Call the creditor or their attorney. Offer a lump sum to release the garnishment. Start at 40% to 50% of the judgment balance. If you owe $8,000, offer $3,200 to $4,000. Many creditors will take 60% to 70% in a lump sum rather than wait years for 100%.

Get the agreement in writing before you pay a dollar. The written settlement must state:

• The exact amount you're paying
• That the payment satisfies the full judgment
• That the creditor will release the wage execution within 5 business days of receiving payment

Once you pay, the creditor files a satisfaction of judgment with the court. Your employer stops withholding once they receive notice. If the creditor doesn't file the satisfaction, you file a motion to compel them to do so.

Bank Account Garnishment Works Differently

Creditors can also garnish your bank account after winning a judgment. The bank freezes your account and holds the funds for 10 days. You have 10 days to file an exemption claim if the funds are from Social Security, disability, unemployment, or another protected source.

If you don't file the claim, the bank releases the funds to the creditor after 10 days. If you do file, the court schedules a hearing. Bring proof of the exempt source. Once the court confirms the funds are exempt, the bank must release them back to you.

To prevent future bank garnishments, consider opening an account at a bank where you don't owe money. If you owe Chase and bank with Chase, they can freeze your account without a garnishment order in some cases (called a "right of offset"). Use a credit union or a bank you have no relationship with.

Timeline of Garnishment From Lawsuit to Paycheck

Here's how long each stage typically takes:

• Debt collection lawsuit filed: Day 0
• You're served: 5 to 30 days after filing
• Deadline to file Answer: 20 days from service
• Default judgment entered (if no Answer): 30 to 60 days after deadline
• Creditor requests wage execution: 10 to 90 days after judgment
• Court issues wage execution: 5 to 15 days after request
• Wage execution served on employer: 3 to 10 days after issuance
• First garnished paycheck: Next pay period after employer receives execution

From lawsuit to garnishment, you're looking at 3 to 6 months if you ignore every notice. If you file an Answer, it stretches to 6 to 12 months or longer. That delay is valuable. Use it to negotiate, save for settlement, or consult a bankruptcy attorney.

Do You Need a Lawyer?

You can file an objection yourself. The forms are not complicated, and the hearing is informal. If your income is clearly exempt or the creditor made an obvious calculation error, you can handle it.

You need a lawyer if:

• The creditor disputes your exemption claim
• You're facing multiple garnishments
• You want to negotiate a complex settlement
• You're considering bankruptcy and need to understand which chapter makes sense

Many consumer lawyers offer free consultations. Bring your judgment, wage execution, recent pay stubs, and a list of your debts. They'll tell you whether fighting the garnishment, settling, or filing bankruptcy is your best move.

If you can't afford a lawyer, contact Rhode Island Legal Services at (401) 274-2652. They assist low-income Rhode Islanders with debt defense and garnishment objections.

The Bottom Line

Rhode Island limits most wage garnishments to 25% of your take-home pay and protects essential benefits from collection. You have 20 days to object to a garnishment order. If you're still at the lawsuit stage, filing an Answer buys you time to settle or explore bankruptcy. If garnishment has already started, filing Chapter 7 or Chapter 13 stops it immediately and often eliminates the debt entirely.

You're not stuck. You have options. The question is which one you'll use before the next paycheck disappears.