Rehoboth, MA asked in Bankruptcy for Rhode Island

Q: in Rhode Island a writ of attachment showed ump at court was told to file motion not sure what kind of motion I need to

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2 Lawyer Answers
W. J. Winterstein Jr.
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Answered

A: I don't practice in RI, but from what little you say, you should probably file a response (in PA, any response to an attachment is to the Sheriff) and objection, claiming that what you own is "exempt property" set forth in the RI statutes.

An alternative/addition may be a prompt bankruptcy filing.

Speak with an experienced RI attorney about your situation and options without further delay.

Timothy Denison agrees with this answer

James L. Arrasmith
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A: If a writ of attachment has shown up in your court case, and you were advised to file a motion, it’s important to understand what the writ entails. A writ of attachment is a court order that allows a creditor to secure a debtor's property to satisfy a potential judgment. You’ll need to act quickly to protect your interests.

The type of motion you file depends on your situation. If you want to challenge the attachment, you might file a "Motion to Dissolve Attachment" or "Motion to Quash Writ of Attachment." This would ask the court to remove or invalidate the writ. On the other hand, if you’re not opposing the writ but need to address other concerns, you may need a different type of motion, such as a "Motion for Relief" or something specific to your case.

It's crucial to review any court orders and paperwork carefully. If you're unsure which motion to file, consider seeking further guidance to ensure you’re taking the right steps. Acting promptly can help you protect your rights and property in this situation.

Timothy Denison agrees with this answer

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