RI Wage Garnishment

[Venge97RI]

Hi All , New to the forums , but have a question about RI Wage Garnishment.. if it should come to that point that im sued and garnished before i can do a BK, RI Law says :

Under Rhode Island law, the maximum amount which can be legally withheld from an employee's wages by an employer is twenty-five (25%) percent of the employee's disposable earnings.

Disposable earnings are defined as the earnings of an individual after deduction of taxes, social security and temporary disability contributions.

Individuals are exempt from attachment for one year if they have collected social security or state assistance.

Now my question is , I was on Federal and then moved onto the State unemployment Insurence for about a year , ending in Feb. of 2011.. is that considered state assistance , thereby making me exempt for one year ?

[free2breathe]

Venge, check this link to RI Statutes. Look especially at (8). It looks like unemployment may be exempt.

[Venge97RI]

Free , thanks for the link to the statute... although i was on unemployment , i am currently working , but section II in that seems to say that all wages will be exempt for one year after I'm off unemployment

(ii) The entire wages or salary of any debtor due or payable from any employer, where the debtor has been the object of relief from any state, federal, or municipal corporation or agency for a period of one year from and after the time when the debtor ceases to be the object of such relief.

So i'd assume that Unemployment Insurance is " Relief from a state or federal agency " ?? or am i just grasping at straws?

[free2breathe]

That's the way I am reading it. Since unemployment is exempt while you're on it, and the section (ii) falls as a sub-section under (8), I'm reading that if you were on unemployment, your wages are safe for a year after you quit receiving unemployment. Of course, I'm not an attorney, and we know legalese can be written as clear as mud lol.

[Venge97RI]

Thanks for the advice free... maybe someone with some first-hand knowledge can chime in as well

[free2breathe]

Thanks for the advice free... maybe someone with some first-hand knowledge can chime in as well

Right, or perhaps someone like des or HHM can look at the link and interpret