What is the process for obtaining a garnishment order in a small claims court case?
In Rhode Island, if you are looking to obtain a garnishment order in a small claims court case, you must first fill out a form called a “Petition for Garnishment” and submit it to the court. This petition should include information about the parties involved, the amount due for the debt, the court where the judgment was made and collected, and the defendant’s employer. Once the petition is filed, the court will issue a writ of garnishment to the defendant’s employer. The defendant’s employer will be required to withhold a portion of the wages or salary from the defendant’s paycheck. This will go toward satisfying the debt. The employer is also responsible for providing the court with a written response to the writ of garnishment. This response should contain information about the amount of wages the defendant earns, any taxes that have been deducted, and the amount that will be withheld each pay period. The employer is then required to send the withheld wages to the court. The court will then release the money to the plaintiff in satisfaction of the debt. In some cases, the garnishment may be applied to other assets such as bank accounts or property. The process for obtaining a garnishment order is similar but may involve additional paperwork. In conclusion, garnishment orders can be obtained in small claims court cases in Rhode Island by filing a petition for garnishment and serving a writ of garnishment on the defendant’s employer. The employer is then responsible for withholding a portion of the wages and sending it to the court. The court then releases the money to the plaintiff.
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