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: Texas Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Keywords: Texas, motion, defendant, discharge, quash, writ of garnishment, notice of motion, funds exempt by law, garnishment Description: Introduction: In Texas, when a defendant is served with a writ of garnishment, they have the right to file a Motion to Discharge or Quash the writ. This legal motion enables the defendant to challenge the garnishment order and protect certain funds from being subject to garnishment. This article discusses various types of motions that defendants can file in Texas, along with the notice of motion, specifically focusing on funds exempt by law from garnishment. 1. Motion to Discharge Writ of Garnishment: This motion is typically filed by the defendant as a written request to the court, claiming that the garnishment order is unjust or invalid. Through this motion, the defendant seeks to have the writ set aside or discharged, thereby stopping the garnishment process altogether. 2. Motion to Quash Writ of Garnishment: A motion to quash is similar to a motion to discharge but may be specific to certain issues. It is usually filed when the defendant believes there are procedural errors or irregularities in the garnishment process. By filing this motion, the defendant seeks to render the writ null and void. 3. Notice of Motion: The notice of motion is a formal document filed by the defendant which alerts all involved parties and the court about the upcoming motion to discharge or quash the writ of garnishment. This notice must include details like the date, time, and location of the hearing, as well as a brief summary of the issues and arguments the defendant intends to present during the proceedings. 4. Funds Exempt by Law from Garnishment: Certain funds are exempt by Texas law and cannot be subjected to garnishment. Examples of these exempt funds include: — Federal benefits such as Social Security, VA benefits, and federal pensions. — Qualified retirement plans like 401(k)s, IRAs, and ERICA plans. — Child support or spousal support payments received by the defendant. — Workers' compensation benefits— - Unemployment benefits. — Certain types of insurance benefits. Conclusion: When faced with a garnishment order, defendants in Texas have the option to file a Motion to Discharge or Quash the writ, aiming to protect their funds from garnishment. By understanding the different types of motions and recognizing funds exempt by law, defendants can take the necessary steps to assert their rights and potentially prevent the garnishment of specific funds. Seeking legal advice in such situations is highly recommended ensuring proper filing and compliance with Texas laws.
