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."
California Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In California, when a defendant receives a writ of garnishment for their wages or bank accounts, they have the right to file a Motion to Discharge or Quash the garnishment. This motion aims to protect funds that are exempt by law from garnishment, ensuring that individuals can maintain their necessities and financial stability. Keywords: California, motion, defendant, discharge, quash, writ of garnishment, notice, funds exempt by law, garnishment. Types of California Motion of Defendant to Discharge or Quash Writ of Garnishment: 1. Motion to Discharge Writ of Garnishment: This type of motion is filed when the defendant believes that the writ of garnishment is unlawful, incorrect, or violates their rights under California law. It requests the court to eliminate the garnishment and release the defendant's funds or wages. 2. Motion to Quash Writ of Garnishment: In cases where the defendant believes there are legal grounds to invalidate the writ of garnishment, they can file a motion to quash. This motion aims to challenge the validity of the garnishment order, usually due to procedural errors, improper service, or lack of legal basis. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice is a formal declaration of the defendant's intent to assert their right to claim exemption for specific funds from garnishment. It provides details regarding the nature and source of the exempted funds, whether they come from social security benefits, public assistance, pensions, or other sources protected by California law. 4. Motion to Discharge or Quash Writ of Garnishment Based on Exempt Funds: This type of motion combines the arguments of both the discharge and quash motions, emphasizing the protection of funds exempt by law from garnishment as the primary basis for seeking relief from the garnishment order. It is important to note that the specific names of motions may vary slightly depending on the local rules and practices of each California court. However, the underlying purpose and legal principles remain consistent across jurisdictions within the state. In conclusion, the California Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment provides a vital avenue for defendants to challenge the garnishment of their wages or bank accounts while safeguarding funds protected by California law.California Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In California, when a defendant receives a writ of garnishment for their wages or bank accounts, they have the right to file a Motion to Discharge or Quash the garnishment. This motion aims to protect funds that are exempt by law from garnishment, ensuring that individuals can maintain their necessities and financial stability. Keywords: California, motion, defendant, discharge, quash, writ of garnishment, notice, funds exempt by law, garnishment. Types of California Motion of Defendant to Discharge or Quash Writ of Garnishment: 1. Motion to Discharge Writ of Garnishment: This type of motion is filed when the defendant believes that the writ of garnishment is unlawful, incorrect, or violates their rights under California law. It requests the court to eliminate the garnishment and release the defendant's funds or wages. 2. Motion to Quash Writ of Garnishment: In cases where the defendant believes there are legal grounds to invalidate the writ of garnishment, they can file a motion to quash. This motion aims to challenge the validity of the garnishment order, usually due to procedural errors, improper service, or lack of legal basis. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice is a formal declaration of the defendant's intent to assert their right to claim exemption for specific funds from garnishment. It provides details regarding the nature and source of the exempted funds, whether they come from social security benefits, public assistance, pensions, or other sources protected by California law. 4. Motion to Discharge or Quash Writ of Garnishment Based on Exempt Funds: This type of motion combines the arguments of both the discharge and quash motions, emphasizing the protection of funds exempt by law from garnishment as the primary basis for seeking relief from the garnishment order. It is important to note that the specific names of motions may vary slightly depending on the local rules and practices of each California court. However, the underlying purpose and legal principles remain consistent across jurisdictions within the state. In conclusion, the California Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment provides a vital avenue for defendants to challenge the garnishment of their wages or bank accounts while safeguarding funds protected by California law.
