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Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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Multi-State
Control #:
US-01673BG
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Description

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."

The Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal procedure aimed at protecting individuals or entities from having their funds garnished under certain circumstances. This motion allows the defendant to request the court to discharge or quash the writ of garnishment, claiming that the funds being targeted are exempt from garnishment according to state law. In the state of Washington, there are different types of motions within this legal framework. Some of them include: 1) Motion to Discharge a Writ of Garnishment: This motion is filed by the defendant to request the court to release or cancel the writ of garnishment. The defendant must provide compelling evidence showing that their funds should be exempt from garnishment according to Washington state law. 2) Motion to Quash a Writ of Garnishment: Similar to the motion to discharge, the motion to quash seeks to challenge the writ of garnishment issued against the defendant. The defendant presents arguments and evidence to convince the court that the writ should be invalidated, typically due to exemptions granted by state law. 3) Motion to Determine Exemption of Funds: This motion focuses on establishing that the funds in question are exempt from garnishment under Washington state law. The defendant presents evidence proving that the funds are protected by specific exemptions, such as wages, government benefits, pensions, child support, or other legally recognized exemptions. 4) Motion to Release Exempt Funds: This motion is typically filed after the court grants an exemption. It requests the release of the specific funds deemed exempt from garnishment, ensuring that the defendant can access and use those funds without interference. When drafting a detailed description of the Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is essential to include relevant keywords such as "motion to discharge," "motion to quash," "exemptions," "garnishment disputes," "Washington state law," "legal procedure," and "defendant's rights."

The Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal procedure aimed at protecting individuals or entities from having their funds garnished under certain circumstances. This motion allows the defendant to request the court to discharge or quash the writ of garnishment, claiming that the funds being targeted are exempt from garnishment according to state law. In the state of Washington, there are different types of motions within this legal framework. Some of them include: 1) Motion to Discharge a Writ of Garnishment: This motion is filed by the defendant to request the court to release or cancel the writ of garnishment. The defendant must provide compelling evidence showing that their funds should be exempt from garnishment according to Washington state law. 2) Motion to Quash a Writ of Garnishment: Similar to the motion to discharge, the motion to quash seeks to challenge the writ of garnishment issued against the defendant. The defendant presents arguments and evidence to convince the court that the writ should be invalidated, typically due to exemptions granted by state law. 3) Motion to Determine Exemption of Funds: This motion focuses on establishing that the funds in question are exempt from garnishment under Washington state law. The defendant presents evidence proving that the funds are protected by specific exemptions, such as wages, government benefits, pensions, child support, or other legally recognized exemptions. 4) Motion to Release Exempt Funds: This motion is typically filed after the court grants an exemption. It requests the release of the specific funds deemed exempt from garnishment, ensuring that the defendant can access and use those funds without interference. When drafting a detailed description of the Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is essential to include relevant keywords such as "motion to discharge," "motion to quash," "exemptions," "garnishment disputes," "Washington state law," "legal procedure," and "defendant's rights."

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Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment