Rhode Island Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Rhode Island's Statutes Of Limitations. Rhode Island phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Rhode Island Fair Debt Collection Consumer Practices Guide summarizes Rhode Island's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Rhode Island Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Rhode Island’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Rhode Island Debt Exemption Law!
Rhode Island Statutes
Rhode Island has not opted out of federal bankruptcy exemptions.
Wages: Rhode Island General Laws § 9-26-4(8). S~
Homestead: Rhode Island Statutes § 9-26-4.1.
Tangible personal property: Rhode Island General Laws § 9-26-4.
Benefits, retirement plans, insurance, judgments, and other intangibles:
Rhode Island General Laws § 9-26·4
Rhode Island Debt Statutes of Limitation
Your debt may have expired under Rhode Island’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Rhode Island Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Rhode Island Debt Statutes of Limitation
Contracts and open accounts: 10 years (9-1-13(a)).
Breach of a sales agreement under the UCC: 4 years, (6A-2- 725(1 )).
Contracts or liabilities under seal and judgments: 20 years, (9-1-17).
Hospital liens: 1 year from payment, (9-3-6).
Against insurer to enforce repairer's lien: 1 year from payment to insured, (9-3-11).
Support obligations of common law father: 6 years, (15-8-4).
Mechanic's lien: notice given is one year and one hundred twenty days, (34-28-10. 10).
Rhode Island Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Rhode Island’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Rhode Island law.
Rhode Island Wage Garnishment Procedural Requirements
In all actions where the plaintiff's claim against the defendant has been reduced to a judgment, the defendant's assets, including his personal Statutee and real Statutee, may be attached without any further hearing by the court and may be subject to trustee process in the same action in which the judgment has been entered. R.I. Gen. Laws _ 1052.
Whenever any person, partnership or corporation shall be served with a judicial writ, original or mesne process, with purpose of attaching the wages or personal Statutee of the defendant in the hands or possession of such person, partnership or corporation, such entity shall render an account in writing, upon oath, to the court to which the writ is returnable.
The original account shall Statutee what wages or personal Statutee, if any, up to the amount of the demands set forth in the writ, such trustee had in his, her or its hands or possession at the time the writ was served. R.I. Gen. Laws _ 10172.
In any action where money or other property shall have been trusteed in the hands of a person, firm or corporation, the person signing the garnishee's answer may be summoned by either party at any time before final judgment and subjected to examination and cross examination upon all matters relating to or connected with the facts set forth in such answer, and evidence may be introduced to contradict the testimony of such person. A person summoned shall be entitled to an attendance fee of three dollars and lawful mileage. R.I. Gen. Laws _ 10176.
Every person, co-partnership or corporation served with a copy of a writ for attaching the Statutee of another in his or its hands or possession shall be paid all lawful costs and charges which he or it shall incur in consequence of being served with such writ of attachment by the person who brings the action or suit; and so much of such charge as shall be judged reasonable by the court before whom the cause shall be pending shall be allowed in the bill of costs. R.I. Gen. Laws _ 101722.
Interest at which Judgments Accrue Every judgment for money shall draw interest at the rate of twelve per cent per annum to the time of its discharge.
Rhode Island (Debt Collector) Call Recording Law
Under Rhode Island State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Rhode Island is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Rhode Island.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
