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."
Title: Understanding Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Keywords: Michigan, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law, Garnishment Introduction: In legal proceedings related to debt collections in Michigan, the Motion of Defendant to Discharge or Quash Writ of Garnishment holds significant importance. This motion allows defendants to challenge the enforcement of a writ of garnishment, protecting certain funds that are exempt from garnishment under state law. This article aims to provide a comprehensive understanding of the different types of motions associated with this process. I. Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment: 1. Definition: The Motion of Defendant to Discharge or Quash Writ of Garnishment provides a legal avenue for defendants to contest the enforceability of a garnishment writ. It serves as a powerful tool to protect their exempt funds. 2. Purpose: The main objective of this motion is to prevent creditors from seizing funds that are protected by law and intended for specific exemptions. 3. Legal Basis: The motion is grounded in Michigan law, which outlines specific exemptions that safeguard certain funds from garnishment. II. Types of Michigan Motions of Defendant to Discharge or Quash Writ of Garnishment: 1. Motion to Discharge Writ of Garnishment: Defendants may file this motion if they believe the garnishment writ was improperly issued or that the creditor does not have a valid claim to their funds. 2. Motion to Quash Writ of Garnishment: This motion can be utilized when the defendant claims the garnishment writ violates their rights or was initiated in error. 3. Notice of Motion — Funds Exempt by Law from Garnishment: Defendants use this notice to declare that the funds being garnished are protected by specific exemptions under Michigan law, making them exempt from the writ. III. Funds Exempt by Law from Garnishment: 1. Homestead Exemption: Michigan law protects a certain value in a debtor's primary residence, allowing it to be exempt from garnishment. 2. Motor Vehicle Exemption: An exemption exists to protect a debtor's motor vehicle(s) up to a defined value, ensuring that they cannot be garnished. 3. Income Exemptions: Certain income sources, such as Social Security benefits, retirement benefits, and disability benefits, are typically exempt from garnishment. 4. Public Assistance Exemptions: Public assistance benefits, such as unemployment compensation or welfare payments, are generally protected from garnishment. 5. Other Exemptions: Depending on the circumstances, funds related to child support payments, spousal support, and other specific allowances may be exempt from garnishment. Conclusion: Understanding the intricacies of the Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is crucial for defendants facing potential garnishment actions. By utilizing these motions and declaring specific exemptions, defendants can fight to protect their vital funds and secure their financial well-being.Title: Understanding Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Keywords: Michigan, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law, Garnishment Introduction: In legal proceedings related to debt collections in Michigan, the Motion of Defendant to Discharge or Quash Writ of Garnishment holds significant importance. This motion allows defendants to challenge the enforcement of a writ of garnishment, protecting certain funds that are exempt from garnishment under state law. This article aims to provide a comprehensive understanding of the different types of motions associated with this process. I. Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment: 1. Definition: The Motion of Defendant to Discharge or Quash Writ of Garnishment provides a legal avenue for defendants to contest the enforceability of a garnishment writ. It serves as a powerful tool to protect their exempt funds. 2. Purpose: The main objective of this motion is to prevent creditors from seizing funds that are protected by law and intended for specific exemptions. 3. Legal Basis: The motion is grounded in Michigan law, which outlines specific exemptions that safeguard certain funds from garnishment. II. Types of Michigan Motions of Defendant to Discharge or Quash Writ of Garnishment: 1. Motion to Discharge Writ of Garnishment: Defendants may file this motion if they believe the garnishment writ was improperly issued or that the creditor does not have a valid claim to their funds. 2. Motion to Quash Writ of Garnishment: This motion can be utilized when the defendant claims the garnishment writ violates their rights or was initiated in error. 3. Notice of Motion — Funds Exempt by Law from Garnishment: Defendants use this notice to declare that the funds being garnished are protected by specific exemptions under Michigan law, making them exempt from the writ. III. Funds Exempt by Law from Garnishment: 1. Homestead Exemption: Michigan law protects a certain value in a debtor's primary residence, allowing it to be exempt from garnishment. 2. Motor Vehicle Exemption: An exemption exists to protect a debtor's motor vehicle(s) up to a defined value, ensuring that they cannot be garnished. 3. Income Exemptions: Certain income sources, such as Social Security benefits, retirement benefits, and disability benefits, are typically exempt from garnishment. 4. Public Assistance Exemptions: Public assistance benefits, such as unemployment compensation or welfare payments, are generally protected from garnishment. 5. Other Exemptions: Depending on the circumstances, funds related to child support payments, spousal support, and other specific allowances may be exempt from garnishment. Conclusion: Understanding the intricacies of the Michigan Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is crucial for defendants facing potential garnishment actions. By utilizing these motions and declaring specific exemptions, defendants can fight to protect their vital funds and secure their financial well-being.
