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."
Colorado Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Colorado, the Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment serves as a legal tool for defendants to request the dismissal or cancellation of a writ of garnishment issued against them. This motion aims to protect certain funds that are exempt by law from being garnished, ensuring the defendant retains necessary funds for basic living expenses. There are different types or grounds upon which a defendant can file a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment in Colorado. These include: 1. Exemption under Federal Law: Defendants can claim exemptions provided by federal statutes such as the Social Security Act, Supplemental Security Income (SSI), Veterans Benefits Act, and more. Through this motion, defendants can assert their right to protect funds received under these federally protected programs. 2. Exemption under Colorado State Law: Defendants can also assert exemptions allowed under Colorado state law. These exemptions may include funds exempted from garnishment to support the defendant's basic living expenses, such as wages earned, public assistance benefits, retirement benefits, child support payments, and more. 3. Improper or Defective Garnishment: If the writ of garnishment was issued due to an error in the legal process or if the garnishment itself is defective or irregular, the defendant can file a motion to challenge its validity and have it discharged or quashed. 4. Financial Hardship: Defendants facing severe financial hardship may file a motion to discharge or quash the garnishment if they can prove that the garnishment would result in extreme financial difficulty or prevent them from meeting their essential living expenses. It is important for defendants filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment to provide detailed documentation supporting their claim. This may include evidence of receiving funds exempt by law from garnishment, financial statements, pay stubs, benefit statements, and any other relevant financial records. By submitting this motion, defendants seek to protect their essential funds and ensure compliance with statutes governing garnishments in Colorado. It is advisable for defendants to consult with an attorney experienced in garnishment proceedings to ensure their rights are protected and the motion is appropriately prepared and filed within the required timeframes. In conclusion, the Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment in Colorado is a legal mechanism utilized by defendants to challenge the validity of a garnishment writ and protect funds exempt from garnishment under federal and state laws.
