Rhode Island General Laws 9-26-4. Property exempt from attachment
The following goods and property shall be exempt from attachment on any warrant of distress or on any other writ, original, mesne, or judicial:
(1) The necessary wearing apparel of a debtor or of the debtor’s family, if he or she has a family.
(2) The working tools of a debtor necessary in the debtor’s usual occupation, not exceeding in value the sum of two thousand dollars ($2,000), and the professional library of any professional person in actual practice.
(3) The household furniture, clothing, and family stores of a debtor, including beds and bedding, not exceeding in value the sum of nine thousand six hundred dollars ($9,600).
(4) The bibles, school books, and other books in use in the family, not exceeding in value the sum of three hundred dollars ($300).
(5) The debtor’s interest in one lot or right of burial, as the case may be, in any cemetery.
(6) Wages due or accruing to any sailor.
(7) Debts secured by bills of exchange or negotiable promissory notes.
(8)(i) The entire salary or wages of any debtor due or payable from any charitable corporation, or from any person or corporation engaged in the disbursement or administration of any public charitable fund or money, whenever the salaries or wages are to be paid or supplied, directly or indirectly, from any fund or money appropriated or contributed for the relief of the poor or in aid of unemployment, and the debtor is the object of the relief or aid.
(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.
(iii) The salary or wages due or payable to any other debtor, not exceeding the sum of fifty dollars ($50.00).
(9) The salary and wages of the wife and the minor children of any debtor.
(10) Such other property, real, personal, or mixed, in possession or actions as is or shall be exempted from attachment and execution, either permanently or temporarily, by general or special acts, charters of incorporation, or by the policy of the law.
(11) An individual retirement account or individual retirement annuity as defined in the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, and the payments or distributions from such an account or annuity, except that this exemption does not apply to any of the following:
(i) An order of a court pursuant to a judgment of divorce or separate maintenance.
(ii) An order of a court concerning child support.
(iii) Contributions to an individual retirement account, or premiums on an individual retirement annuity, including the earnings or benefits from those contributions or premiums that constitute an excess contribution within the meaning of Section 4973 of the Internal Revenue Code, [26 U.S.C. § 4973].
(12) The right or interest of a person in an annuity, pension, profit sharing, or other retirement plan protected by the Employee Retirement Income Security Act of 1974, Public Law 93-406, 29 U.S.C. § 1001 et seq. This exemption shall also apply to the operation of the Federal Bankruptcy Code, as permitted by 11 U.S.C. § 522(d)(10)(E). This exemption shall not apply to the right or interest of a person in an annuity, pension, profit sharing, or other retirement plan to the extent that that right or interest is subject to any of the following:
(i) An order of the court pursuant to a judgment of divorce or separate maintenance.
(ii) An order of a court concerning child support.
This exemption shall not apply to contributions to, and the earnings of, any of the retirement plans enumerated in this subdivision that are not qualified retirement plans as defined by the Internal Revenue Code, 26 U.S.C. § 401.
(13) Any and all motor vehicles owned by the debtor not to exceed an aggregate total of twelve thousand dollars ($12,000).
(14) Any and all jewelry owned by the debtor not to exceed an aggregate total of two thousand dollars ($2,000).
(15) An account balance, right, or interest of a person in a “prepaid tuition program” or a “tuition savings program” as defined in § 16-57-3(10) and (16), respectively. This exemption shall not apply to a balance, right, or interest to the extent that the balance, right, or interest is subject to any of the following:
(i) An order of a court pursuant to a judgment of divorce or separate maintenance;
(ii) An order of a court concerning child support.
(16) In addition to the exemptions herein, a debtor in bankruptcy may exempt an additional six thousand five hundred dollars ($6,500) in any assets.
(17) The real property of any person having debts secured by casino-issued lines of credit, also known as “casino markers,” that are issued to casino patrons by the casino credit department or other department or agency of the casino.
(18) Savings or other deposits held in a banking or financial institution not exceeding the sum of five hundred dollars ($500).
History of Section.
C.P.A. 1905, § 601; G.L. 1909, ch. 302, § 5; G.L. 1923, ch. 352, § 5; P.L. 1932, ch. 1887, § 1; P.L. 1937, ch. 2532, § 1; G.L. 1938, ch. 557, § 1; impl. am. P.L. 1939, ch. 660, § 80; P.L. 1951, ch. 2749, § 1; P.L. 1952, ch. 3032, § 1; G.L. 1956, § 9-26-4; P.L. 1966, ch. 139, § 1; P.L. 1981, ch. 376, § 1; P.L. 1985, ch. 428, § 1; P.L. 1989, ch. 347, § 1; P.L. 1999, ch. 333, § 1; P.L. 2001, ch. 264, § 1; P.L. 2001, ch. 364, § 1; P.L. 2008, ch. 292, § 1; P.L. 2013, ch. 503, § 1; P.L. 2014, ch. 502, § 4; P.L. 2014, ch. 529, § 1; P.L. 2022, ch. 366, § 1, effective June 29, 2022; P.L. 2022, ch. 367, § 1, effective June 29, 2022.
Terms Used In Rhode Island General Laws 9-26-4
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.