• US Legal Forms

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

State:
Multi-State
Control #:
US-01673BG
Format:
Word; 
Rich Text
Instant download

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."

Free preview
  • Form preview
  • Form preview

How to fill out Washington Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion - Funds Exempt By Law From Garnishment?

Choosing the best authorized document format could be a have a problem. Needless to say, there are a variety of templates accessible on the Internet, but how can you discover the authorized kind you need? Make use of the US Legal Forms internet site. The support provides 1000s of templates, like the Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment, which you can use for company and private demands. All of the kinds are checked by experts and fulfill federal and state demands.

In case you are previously signed up, log in to your bank account and then click the Down load switch to get the Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment. Utilize your bank account to search through the authorized kinds you may have purchased formerly. Proceed to the My Forms tab of your bank account and get another duplicate of the document you need.

In case you are a whole new consumer of US Legal Forms, here are basic guidelines that you should follow:

  • Initially, make certain you have selected the proper kind to your city/region. You can examine the shape while using Review switch and study the shape explanation to guarantee this is the right one for you.
  • In case the kind fails to fulfill your requirements, use the Seach area to obtain the right kind.
  • When you are certain the shape is acceptable, click on the Buy now switch to get the kind.
  • Pick the rates prepare you need and enter the required information and facts. Design your bank account and pay for the order using your PayPal bank account or bank card.
  • Select the data file structure and download the authorized document format to your device.
  • Full, revise and print and signal the received Washington Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment.

US Legal Forms is definitely the biggest local library of authorized kinds where you can find a variety of document templates. Make use of the company to download professionally-created paperwork that follow state demands.

Form popularity

FAQ

A Writ of Garnishment is an order that makes the actual garnishment happen. In Washington, the creditor must wait 10 days in superior court (Rule CR 62) and 30 days in district court before they can serve the Writ of Garnishment.

In Washington, creditors can garnish 25% of your take-home pay. Even if you have a higher income and will need to file a Chapter 13 repayment plan, that is much better than being garnished. In most situations, a garnishment means things have really spun out of control. Only one creditor can garnish at a time.

The judgment creditor as the plaintiff or someone in the judgment creditor's behalf shall apply for a writ of garnishment by affidavit, stating the following facts: (1) The plaintiff has a judgment wholly or partially unsatisfied in the court from which the writ is sought; (2) the amount alleged to be due under that ...

The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).

It is possible to stop a wage garnishment order by attacking the underlying court order (such as by filing a motion to vacate the judgment), petitioning the court, or seeking an exemption. However, the fastest way to stop wage garnishment in Washington is to file for bankruptcy.

Washington Bank Account Levy Under Washington law, consumers must receive a notice of a pending garnishment. The consumer can claim an exemption of up to $500 in bank accounts for judgment garnishments. See RCW 6.15. 010 for a list of other exemptions.

Consumer debt exemptions are based on either 80% of disposable income or 35 times the state minimum wage which is now (2023) set at $15.74. Federal minimum wage remains unchanged and applies to general non-consumer, non-student loan, non child support, non spousal support type debts.

Interesting Questions

More info

Mailing of writ and judgment or affidavit to judgment debtor—Mailing of notice and claim form if judgment debtor is an individual—Service—Return. HTMLPDF, 6.27. Court Forms: Garnishment ; WPF GARN 01.0450, Notice of Garnishment and of Your Rights ; WPF GARN 01.0500, Exemption Claim (Writ to garnish funds or property held ...(C) Send a copy of the order to the employer-garnishee at the address stated on the existing writ of attachment. (e) A judgment creditor may file a motion ... Dec 23, 2015 — (b) Within five days of notice of service upon the garnishee, the garnishor shall serve a copy of the summons and writ on the judgment debtor by ... OTHER EXEMPTIONS. If the garnishee holds other property of yours, some or all of it may be exempt under RCW 6.15.010, a Washington statute that exempts property ... An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... Dec 1, 2016 — (vii) that a defendant who does not serve an answer may file a notice of appearance. (B) Conclusion. The notice must conclude with the name,. (A) The judgment creditor or judgment creditor's attorney shall file with the court, the garnishee, and the judgment debtor an affidavit of current balance due ... ... In order to withstand a challenge, the plaintiff must have, in the claim asserted, a remedial interest which the law of the forum can recognize and enforce ... by CJ Nabit · 1980 · Cited by 2 — Garnishment in Virginia is the process whereby a judgment creditor enforces the lien of a writ of fiert factass against any debt or property due the judgment ...

Trusted and secure by over 3 million people of the world’s leading companies

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