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."
Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In the state of Illinois, when a defendant is facing a writ of garnishment, they have the option to file a motion to discharge or quash the writ, especially if the funds being targeted are exempt by law from garnishment. This legal process allows defendants to protect their rightfully exempt funds from being taken away. There are several types of Illinois motions that defendants can file when seeking to discharge or quash a writ of garnishment, including: 1. Motion to Discharge Writ of Garnishment: This motion argues that the writ of garnishment should be completely dismissed, as the defendant believes it was unjustly issued or fails to meet legal requirements. The defendant must provide supporting evidence or legal arguments to request the release of the garnishment. 2. Motion to Quash Writ of Garnishment: In this type of motion, the defendant challenges the validity of the writ of garnishment and requests it to be declared void. The defendant can argue that the writ was improperly issued or that they have a valid defense against the debt claimed by the creditor. 3. Motion to Determine Exempt Funds: Defendants can also file a motion to determine that the funds being targeted by the writ are exempt by law from garnishment. This motion aims to secure the protection of certain funds that are legally recognized as exempt under Illinois law. Some examples of exempt funds include Social Security benefits, retirement benefits, public assistance, and workers' compensation. 4. Motion to Release Exempt Funds: If the defendant believes that exempt funds have been wrongfully garnished, they can file a motion to release those funds. This motion asserts that the funds should be returned immediately as they are protected by specific exemptions under Illinois law. When filing any of these motions, defendants need to provide a detailed description of the grounds for their motion, supporting evidence, and legal arguments. It is crucial to follow the procedural rules and timelines established by the Illinois courts to ensure a successful motion to discharge or quash a writ of garnishment. By exercising their right to file a motion to discharge or quash, defendants can protect their exempt funds from being forcibly taken to satisfy a debt. It is advisable to seek legal counsel to understand the specific laws and procedures related to garnishment in Illinois and to ensure the best possible outcome.Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In the state of Illinois, when a defendant is facing a writ of garnishment, they have the option to file a motion to discharge or quash the writ, especially if the funds being targeted are exempt by law from garnishment. This legal process allows defendants to protect their rightfully exempt funds from being taken away. There are several types of Illinois motions that defendants can file when seeking to discharge or quash a writ of garnishment, including: 1. Motion to Discharge Writ of Garnishment: This motion argues that the writ of garnishment should be completely dismissed, as the defendant believes it was unjustly issued or fails to meet legal requirements. The defendant must provide supporting evidence or legal arguments to request the release of the garnishment. 2. Motion to Quash Writ of Garnishment: In this type of motion, the defendant challenges the validity of the writ of garnishment and requests it to be declared void. The defendant can argue that the writ was improperly issued or that they have a valid defense against the debt claimed by the creditor. 3. Motion to Determine Exempt Funds: Defendants can also file a motion to determine that the funds being targeted by the writ are exempt by law from garnishment. This motion aims to secure the protection of certain funds that are legally recognized as exempt under Illinois law. Some examples of exempt funds include Social Security benefits, retirement benefits, public assistance, and workers' compensation. 4. Motion to Release Exempt Funds: If the defendant believes that exempt funds have been wrongfully garnished, they can file a motion to release those funds. This motion asserts that the funds should be returned immediately as they are protected by specific exemptions under Illinois law. When filing any of these motions, defendants need to provide a detailed description of the grounds for their motion, supporting evidence, and legal arguments. It is crucial to follow the procedural rules and timelines established by the Illinois courts to ensure a successful motion to discharge or quash a writ of garnishment. By exercising their right to file a motion to discharge or quash, defendants can protect their exempt funds from being forcibly taken to satisfy a debt. It is advisable to seek legal counsel to understand the specific laws and procedures related to garnishment in Illinois and to ensure the best possible outcome.
