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."
A Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal process in Massachusetts that allows a defendant to challenge a writ of garnishment and protect funds that are exempt from garnishment. This motion is typically filed by a defendant who believes that certain funds are legally protected from being seized to satisfy a judgment. In Massachusetts, there are different types of motions that can be filed to discharge or quash a writ of garnishment and protect exempt funds. Some of these motions include: 1. Motion to Discharge or Quash Writ of Garnishment: This motion is filed by a defendant to challenge the validity or enforceability of the writ of garnishment. It argues that the grounds for garnishment are flawed or unsupported, and therefore, the writ should be discharged or quashed. 2. Motion to Protect Exempt Funds: This motion is specifically filed to protect funds that are exempt from garnishment under Massachusetts law. It asserts that the defendant's funds fall under the legal exemptions and should be protected from seizure. 3. Motion to Determine Exempt Status of Funds: If there is uncertainty regarding the exempt status of certain funds, a defendant can file a motion to determine their exempt status. This motion requests the court to evaluate the nature of the funds and determine whether they qualify for exemption from garnishment. 4. Notice of Motion — Funds Exempt by Law from Garnishment: Along with filing the motion itself, a defendant may also be required to file a notice of motion to inform the court and the garnish or about their intent to challenge the garnishment and protect exempt funds. This notice ensures that all relevant parties are aware of the defendant's actions and can prepare accordingly. In summary, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal tool in Massachusetts that allows a defendant to challenge a writ of garnishment and protect funds that are exempt from seizure. Various types of motions can be filed to achieve this, including motions to discharge or quash the writ, protect exempt funds, or determine the exempt status of certain funds. Additionally, a notice of motion is often required to notify the court and the garnish or about the defendant's challenge to the garnishment.A Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal process in Massachusetts that allows a defendant to challenge a writ of garnishment and protect funds that are exempt from garnishment. This motion is typically filed by a defendant who believes that certain funds are legally protected from being seized to satisfy a judgment. In Massachusetts, there are different types of motions that can be filed to discharge or quash a writ of garnishment and protect exempt funds. Some of these motions include: 1. Motion to Discharge or Quash Writ of Garnishment: This motion is filed by a defendant to challenge the validity or enforceability of the writ of garnishment. It argues that the grounds for garnishment are flawed or unsupported, and therefore, the writ should be discharged or quashed. 2. Motion to Protect Exempt Funds: This motion is specifically filed to protect funds that are exempt from garnishment under Massachusetts law. It asserts that the defendant's funds fall under the legal exemptions and should be protected from seizure. 3. Motion to Determine Exempt Status of Funds: If there is uncertainty regarding the exempt status of certain funds, a defendant can file a motion to determine their exempt status. This motion requests the court to evaluate the nature of the funds and determine whether they qualify for exemption from garnishment. 4. Notice of Motion — Funds Exempt by Law from Garnishment: Along with filing the motion itself, a defendant may also be required to file a notice of motion to inform the court and the garnish or about their intent to challenge the garnishment and protect exempt funds. This notice ensures that all relevant parties are aware of the defendant's actions and can prepare accordingly. In summary, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal tool in Massachusetts that allows a defendant to challenge a writ of garnishment and protect funds that are exempt from seizure. Various types of motions can be filed to achieve this, including motions to discharge or quash the writ, protect exempt funds, or determine the exempt status of certain funds. Additionally, a notice of motion is often required to notify the court and the garnish or about the defendant's challenge to the garnishment.
