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."
Ohio Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal document filed by a defendant seeking to have a garnishment order set aside or dismissed. This motion is typically filed when the defendant believes that the garnishment is improper or there are grounds to demonstrate that the funds being targeted for garnishment are exempt by law. Keywords: Ohio, motion, defendant, discharge, quash, writ, garnishment, notice, funds, exempt, law. There are various types of Ohio Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, including: 1. Head of Household Exemption: This type of motion asserts that the defendant qualifies for the head of household exemption, which allows a portion of their earnings or wages to be protected from garnishment. The motion highlights the defendant's financial circumstances, dependents, and their eligibility for this exemption. 2. Bank Account Exemption: If the funds targeted for garnishment are held in a bank account that contains exempt funds, such as Social Security benefits, workers' compensation payments, or unemployment benefits, the defendant can file a motion to protect these funds from garnishment. The motion would identify the specific funds exempted by law and provide evidence of their origin and purpose. 3. Public Assistance Exemption: In cases where the defendant is receiving public assistance benefits, such as Temporary Assistance for Needy Families (TANK) or Supplemental Nutrition Assistance Program (SNAP), they can file a motion to quash the garnishment order. This motion demonstrates that the funds being sought are exempt by law due to their public assistance nature. 4. Retirement Account Exemption: If the defendant's garnished funds come from a retirement account, such as a 401(k) or an Individual Retirement Account (IRA), they can file a motion asserting that these funds are protected by federal or state laws safeguarding retirement assets. The motion would provide documentation of the retirement account and applicable legal provisions. 5. Trust Fund Exemption: This type of motion argues that the funds targeted for garnishment are held in a trust and therefore should be exempt from garnishment because of the protections provided to trust assets by Ohio law. The motion would provide evidence of the trust and its legal status. In summary, Ohio Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal maneuver aimed at protecting funds from inappropriate or unlawful garnishment. Different types of motions can be filed to assert various exemptions provided by Ohio law, such as the head of household exemption, bank account exemption, public assistance exemption, retirement account exemption, and trust fund exemption.Ohio Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal document filed by a defendant seeking to have a garnishment order set aside or dismissed. This motion is typically filed when the defendant believes that the garnishment is improper or there are grounds to demonstrate that the funds being targeted for garnishment are exempt by law. Keywords: Ohio, motion, defendant, discharge, quash, writ, garnishment, notice, funds, exempt, law. There are various types of Ohio Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, including: 1. Head of Household Exemption: This type of motion asserts that the defendant qualifies for the head of household exemption, which allows a portion of their earnings or wages to be protected from garnishment. The motion highlights the defendant's financial circumstances, dependents, and their eligibility for this exemption. 2. Bank Account Exemption: If the funds targeted for garnishment are held in a bank account that contains exempt funds, such as Social Security benefits, workers' compensation payments, or unemployment benefits, the defendant can file a motion to protect these funds from garnishment. The motion would identify the specific funds exempted by law and provide evidence of their origin and purpose. 3. Public Assistance Exemption: In cases where the defendant is receiving public assistance benefits, such as Temporary Assistance for Needy Families (TANK) or Supplemental Nutrition Assistance Program (SNAP), they can file a motion to quash the garnishment order. This motion demonstrates that the funds being sought are exempt by law due to their public assistance nature. 4. Retirement Account Exemption: If the defendant's garnished funds come from a retirement account, such as a 401(k) or an Individual Retirement Account (IRA), they can file a motion asserting that these funds are protected by federal or state laws safeguarding retirement assets. The motion would provide documentation of the retirement account and applicable legal provisions. 5. Trust Fund Exemption: This type of motion argues that the funds targeted for garnishment are held in a trust and therefore should be exempt from garnishment because of the protections provided to trust assets by Ohio law. The motion would provide evidence of the trust and its legal status. In summary, Ohio Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal maneuver aimed at protecting funds from inappropriate or unlawful garnishment. Different types of motions can be filed to assert various exemptions provided by Ohio law, such as the head of household exemption, bank account exemption, public assistance exemption, retirement account exemption, and trust fund exemption.
