Rhode Island Bank Account Garnishment and Trustee Process

Bank Account Attachment in Rhode Island

When a judgment debtor has money sitting in a bank account but will not pay voluntarily, a bank account attachment — called "trustee process" in Rhode Island — lets you freeze and collect those funds. The bank becomes the "trustee" in this process because it holds property (money) that belongs to the debtor.

This enforcement tool works through D.C.R. Rule 69 and R.I. Gen. Laws Chapters 10-17 and 9-26. The basic concept: you get a court order served on the bank, the bank freezes the debtor's funds up to the judgment amount, and after a court-ordered turnover, the bank remits those funds to satisfy your judgment.

The Step-by-Step Process

1. Apply for the Writ of Attachment (Trustee Process)

You file an application with the District Court Clerk for a Writ of Attachment directing the trustee process against the debtor's bank. The writ issuance fee is $20.

2. Service on the Bank

A deputy sheriff from the Rhode Island Division of Sheriffs or a DBR-licensed constable serves the writ directly on the financial institution. Standard service deposits run around $45. You need to know which bank the debtor uses — if you do not have this information, a Citation in Supplementary Proceedings can compel the debtor to disclose their banking details under oath.

3. Immediate Account Freeze

The moment the bank receives the writ, non-exempt funds in the debtor's account are frozen up to the total judgment amount plus accrued interest and costs. The debtor cannot withdraw, transfer, or spend the frozen portion.

4. Trustee Answer

The bank must complete and file a sworn Trustee Answer with the District Court. This document states exactly how much money is in the account, identifies any exemptions that apply, and confirms the amount available for turnover.

5. Court Order of Turnover

Frozen funds do not transfer to you automatically. You must file a motion with the District Court for an Order of Turnover. Once the court grants it, the bank remits the available funds to satisfy your judgment.

The $500 Exemption

Under R.I. Gen. Laws § 9-26-4(18), the first $500 in aggregate deposits held at any banking or financial institution is exempt from attachment. The bank must reserve this amount in the debtor's account and freeze only funds exceeding the threshold.

So if the debtor has $2,300 in their account and your judgment balance is $3,000, the bank freezes $1,800 and the debtor retains access to $500.

Federal Benefit Protections

Under federal regulation 31 CFR Part 212, the bank must perform an immediate two-month lookback when it receives a garnishment order. Any directly deposited federal benefits — Social Security, Supplemental Security Income (SSI), Veterans Affairs (VA) benefits, or Railroad Retirement payments — must remain accessible to the account holder.

These funds cannot be frozen or remitted regardless of the judgment amount. If the debtor's account consists entirely of recently deposited federal benefits, the attachment may yield nothing even though the balance appears sufficient.

When Bank Attachment Makes Sense

Bank attachment works best when you know the debtor has liquid funds and the account is not primarily funded by exempt federal benefits. It is a one-time grab at whatever is in the account at the moment of service — unlike wage garnishment, which provides ongoing periodic payments.

Some creditors use both tools. Wage garnishment produces steady but smaller amounts over time, while a bank levy captures whatever lump sum is available on the day the writ hits the bank. If the debtor has a checking account that regularly carries a balance above $500, a well-timed bank attachment can recover a substantial portion of the judgment at once.

Costs and Recovery

The costs of pursuing a bank attachment include the $20 writ issuance fee and the approximately $45 officer service fee. These are recoverable — they get added to the judgment balance the debtor owes. Post-judgment interest also continues accruing at 12% per year under R.I. Gen. Laws § 9-21-10 on the unpaid principal until the judgment is fully satisfied.

Our Rhode Island Small Claims Judgment Collection Guide includes the complete trustee process workflow with form references, the $500 exemption calculation, and a payment ledger for tracking partial recoveries across multiple enforcement actions.

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