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."
In Louisiana, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal procedure that aims to protect certain funds that are exempt from being garnished. This motion allows the defendant to argue that specific funds should be excluded from the garnishment process due to their protected status under Louisiana law. There are various types of funds that may be considered exempt from garnishment, including: 1. Exempt Salary or Wages: Louisiana law provides certain exemptions for a portion of an individual's salary or wages, ensuring that they can meet their basic living expenses. These exemptions are designed to provide a reasonable income for the debtor and their dependents. 2. Social Security Benefits: Social Security benefits, including retirement, disability, and survivor benefits, are generally protected from garnishment under both federal and Louisiana state law. These funds are intended to provide financial support to individuals who are elderly, disabled, or have lost a loved one. 3. Unemployment Benefits: In Louisiana, unemployment benefits are generally exempt from garnishment. This exemption ensures that individuals who are temporarily out of work have access to these funds to support themselves and their families during the job search process. 4. Workers' Compensation Benefits: Funds received as workers' compensation benefits are typically exempt from garnishment as they are intended to provide financial support for individuals who have been injured on the job. This exemption helps ensure that injured workers can cover their medical expenses and maintain their livelihood while recovering. 5. Public Assistance and Benefits: Louisiana law generally protects public assistance funds, such as Temporary Assistance for Needy Families (TANK), Supplemental Nutrition Assistance Program (SNAP), or Medicaid benefits, from garnishment. These benefits aim to assist low-income individuals and families with essential needs such as food, healthcare, and financial support. When filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is crucial to provide detailed documentation and evidence supporting the claim that the funds in question are exempt. This may include salary statements, benefit receipts, or other relevant financial documents. By using this legal motion, defendants in Louisiana can ensure that certain funds protected by law from garnishment remain untouched, allowing them to maintain a basic standard of living and meet their essential needs.In Louisiana, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal procedure that aims to protect certain funds that are exempt from being garnished. This motion allows the defendant to argue that specific funds should be excluded from the garnishment process due to their protected status under Louisiana law. There are various types of funds that may be considered exempt from garnishment, including: 1. Exempt Salary or Wages: Louisiana law provides certain exemptions for a portion of an individual's salary or wages, ensuring that they can meet their basic living expenses. These exemptions are designed to provide a reasonable income for the debtor and their dependents. 2. Social Security Benefits: Social Security benefits, including retirement, disability, and survivor benefits, are generally protected from garnishment under both federal and Louisiana state law. These funds are intended to provide financial support to individuals who are elderly, disabled, or have lost a loved one. 3. Unemployment Benefits: In Louisiana, unemployment benefits are generally exempt from garnishment. This exemption ensures that individuals who are temporarily out of work have access to these funds to support themselves and their families during the job search process. 4. Workers' Compensation Benefits: Funds received as workers' compensation benefits are typically exempt from garnishment as they are intended to provide financial support for individuals who have been injured on the job. This exemption helps ensure that injured workers can cover their medical expenses and maintain their livelihood while recovering. 5. Public Assistance and Benefits: Louisiana law generally protects public assistance funds, such as Temporary Assistance for Needy Families (TANK), Supplemental Nutrition Assistance Program (SNAP), or Medicaid benefits, from garnishment. These benefits aim to assist low-income individuals and families with essential needs such as food, healthcare, and financial support. When filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is crucial to provide detailed documentation and evidence supporting the claim that the funds in question are exempt. This may include salary statements, benefit receipts, or other relevant financial documents. By using this legal motion, defendants in Louisiana can ensure that certain funds protected by law from garnishment remain untouched, allowing them to maintain a basic standard of living and meet their essential needs.
