Notice To Employer (Trustee-Garnishee) {DC-49}

TATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DISTRICT COURT Civil Action File Number Plaintiff Defendant Attorney for the Plaintiff or the Plaintiff Address of the Plaintiff's Attorney or the Plaintiff NOTICE TO EMPLOYER (TRUSTEE/GARNISHEE) The Plaintiff (Judgment Creditor) in this case seeks to collect on a judgment obtained against your employee (Defendant/Judgment Debtor) by attaching the employee's earnings due from you. Once you have been served with a Writ of Attachment by a duly authorized officer in accordance with Title 9, Chapter 5 (writs, summons, and process) of the Rhode Island General Laws, you must immediately hold part of your employee's earnings. Federal law exempts from attachment all of your employee's disposable weekly earnings an amount equal to at least thirty (30) times the federal minimum hourly wage. Also if your employee's disposable weekly earnings are less than forty (40) times the minimum wage, only the amount greater than thirty (30) times the minimum wage can be attached. If the 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 the earnings of any individual 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 temporary disability contributions. Section 10-5-8 of Rhode Island Law provides for a continuing withholding of your employee's earnings. Effective with the accompanying Writ of Attachment you are to withhold from your employee's earnings until you are in possession of $_________________________. As employer, you are required to notify the court and the Plaintiff's attorney by affidavit what funds are being withheld each pay day from your employee's disposable earnings. All earnings withheld should be retained pending: 1. Instructions from the court; 2. A release to the Plaintiff by written authorization from your employee; or 3. A release to employee by written authorization from the Plaintiff. ________________________________ CLERK OF COURT DC-49 (revised October 2014) American LegalNet, Inc. www.FormsWorkFlow.com