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Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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Multi-State
Control #:
US-01673BG
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Description

The federal benefits that are exempt from garnishment include:

" Social Security Benefits
" Supplemental Security Income (SSI) Benefits
" Veterans' Benefits
" Civil Service and Federal Retirement and Disability Benefits
" Military Annuities and Survivors' Benefits
" Student Assistance
" Railroad Retirement Benefits
" Merchant Seamen Wages
" Longshoremen's and Harbor Workers' Death and Disability Benefits
" Foreign Service Retirement and Disability Benefits
" Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
" Federal Emergency Management Agency Federal Disaster Assistance.

Other exempt funds include:

" unemployment income,
" some social security disability income payments,
" some workman's compensation payments, and
" some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.

Even if the bank account is in just your name, there are some types of funds that are considered "exempt" from debt collection under state or federal law. The rationale behind these laws is to allow people to preserve the basic necessities for living. Exempt funds remain exempt when deposited in checking, savings or CD accounts so long as they are readily available for the day to day needs of the recipient and have not been converted into a "permanent investment."

The Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal document filed by a defendant in a garnishment case to request the court to dismiss or invalidate the writ of garnishment. This motion is typically filed when the defendant believes that the garnishment is unlawful or improper. Additionally, the Notice of Motion — Funds Exempt by Law from Garnishment is also included to notify the court and the plaintiff that certain funds are exempt from being garnished. Keywords: Arizona, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt, Law, Garnishment, Defendant, Court, Plaintiff. Types of Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. General Motion of Defendant to Discharge or Quash Writ of Garnishment: This motion is filed by the defendant when they believe that the writ of garnishment is improper, invalid, or violates their rights. Keywords: General, Improper, Invalid, Rights. 2. Motion of Defendant to Discharge or Quash Writ of Garnishment — Exempt Funds: This motion is filed by the defendant when they can prove that the funds being garnished are exempt by law, meaning they are protected from being taken by creditors. Keywords: Exempt Funds, Protected, Creditors. 3. Motion of Defendant to Discharge or Quash Writ of Garnishment — Procedural Errors: If the defendant believes that there were procedural errors during the garnishment process, such as improper notice or failure to follow legal requirements, they can file this motion requesting the court to dismiss the writ. Keywords: Procedural Errors, Improper Notice, Legal Requirements. 4. Motion of Defendant to Discharge or Quash Writ of Garnishment — Identity Mistake: In cases where the garnishment is based on mistaken identity or the defendant is not the intended recipient of the debt, this motion can be filed to request the court to quash the writ. Keywords: Identity Mistake, Mistaken Identity, Quash Writ. 5. Motion of Defendant to Discharge or Quash Writ of Garnishment — Lack of Jurisdiction: If the court does not have jurisdiction over the garnishment case or if it can be proven that the garnishment is taking place in the wrong jurisdiction, this motion can be filed to discharge or quash the writ. Keywords: Lack of Jurisdiction, Wrong Jurisdiction. It is important to note that these are general types of motions related to the Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment, and specific circumstances may warrant additional or different types of motions.

The Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal document filed by a defendant in a garnishment case to request the court to dismiss or invalidate the writ of garnishment. This motion is typically filed when the defendant believes that the garnishment is unlawful or improper. Additionally, the Notice of Motion — Funds Exempt by Law from Garnishment is also included to notify the court and the plaintiff that certain funds are exempt from being garnished. Keywords: Arizona, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt, Law, Garnishment, Defendant, Court, Plaintiff. Types of Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. General Motion of Defendant to Discharge or Quash Writ of Garnishment: This motion is filed by the defendant when they believe that the writ of garnishment is improper, invalid, or violates their rights. Keywords: General, Improper, Invalid, Rights. 2. Motion of Defendant to Discharge or Quash Writ of Garnishment — Exempt Funds: This motion is filed by the defendant when they can prove that the funds being garnished are exempt by law, meaning they are protected from being taken by creditors. Keywords: Exempt Funds, Protected, Creditors. 3. Motion of Defendant to Discharge or Quash Writ of Garnishment — Procedural Errors: If the defendant believes that there were procedural errors during the garnishment process, such as improper notice or failure to follow legal requirements, they can file this motion requesting the court to dismiss the writ. Keywords: Procedural Errors, Improper Notice, Legal Requirements. 4. Motion of Defendant to Discharge or Quash Writ of Garnishment — Identity Mistake: In cases where the garnishment is based on mistaken identity or the defendant is not the intended recipient of the debt, this motion can be filed to request the court to quash the writ. Keywords: Identity Mistake, Mistaken Identity, Quash Writ. 5. Motion of Defendant to Discharge or Quash Writ of Garnishment — Lack of Jurisdiction: If the court does not have jurisdiction over the garnishment case or if it can be proven that the garnishment is taking place in the wrong jurisdiction, this motion can be filed to discharge or quash the writ. Keywords: Lack of Jurisdiction, Wrong Jurisdiction. It is important to note that these are general types of motions related to the Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment, and specific circumstances may warrant additional or different types of motions.

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Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment