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."
Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Wisconsin, a motion can be filed by a defendant to discharge or quash a writ of garnishment if certain conditions are met. This motion aims to protect funds that are exempt from garnishment under the law. These funds are considered essential for the defendant's basic needs and are safeguarded to ensure their financial stability. The Wisconsin Statutes provide specific provisions to determine which funds are exempt from garnishment. These exemptions are designed to prevent undue hardship on judgment debtors and allow them to maintain a minimum standard of living. It's crucial for defendants facing garnishment to have an understanding of these exemptions and exercise their rights by filing a motion to protect their exempt funds. Common exemptions under Wisconsin law include: 1. Homestead Exemption: This exemption protects the value of a defendant's primary residence up to a certain amount. The specific homestead exemption limit may vary depending on the county and is subject to change with the passage of time. 2. Personal Property Exemption: Certain personal property, such as clothing, furniture, appliances, and tools of the defendant's trade or profession, are exempt from garnishment. These exemptions ensure that the defendant can maintain essential items necessary for daily living and working. 3. Retirement Accounts Exemption: Funds held in retirement accounts, such as IRAs, Roth IRAs, and company-sponsored retirement plans, are generally protected from garnishment in Wisconsin. This exemption safeguards the defendant's future financial security and encourages retirement savings. 4. Social Security and Disability Benefits Exemption: Social Security benefits, as well as disability benefits received under federal programs, are generally exempt from garnishment. This is to ensure that individuals relying on these benefits for basic living expenses are not deprived of essential income. 5. Public Assistance and Unemployment Benefits Exemption: Funds received through public assistance programs like Temporary Assistance for Needy Families (TANK) and unemployment benefits are typically exempt from garnishment. These exemptions aim to provide support for individuals facing financial hardship due to unemployment or other adverse circumstances. When filing a motion to discharge or quash a writ of garnishment, it's important for the defendant to provide detailed and accurate information regarding the funds they seek to protect. Proper documentation and supporting evidence should be included, clearly indicating how the funds fall within the exemptions prescribed by Wisconsin law. By filing a Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, defendants can assert their rights to exempt funds and ensure their financial stability. Consulting with a knowledgeable attorney who specializes in debt collection and garnishment laws in Wisconsin can provide valuable guidance throughout this process.Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Wisconsin, a motion can be filed by a defendant to discharge or quash a writ of garnishment if certain conditions are met. This motion aims to protect funds that are exempt from garnishment under the law. These funds are considered essential for the defendant's basic needs and are safeguarded to ensure their financial stability. The Wisconsin Statutes provide specific provisions to determine which funds are exempt from garnishment. These exemptions are designed to prevent undue hardship on judgment debtors and allow them to maintain a minimum standard of living. It's crucial for defendants facing garnishment to have an understanding of these exemptions and exercise their rights by filing a motion to protect their exempt funds. Common exemptions under Wisconsin law include: 1. Homestead Exemption: This exemption protects the value of a defendant's primary residence up to a certain amount. The specific homestead exemption limit may vary depending on the county and is subject to change with the passage of time. 2. Personal Property Exemption: Certain personal property, such as clothing, furniture, appliances, and tools of the defendant's trade or profession, are exempt from garnishment. These exemptions ensure that the defendant can maintain essential items necessary for daily living and working. 3. Retirement Accounts Exemption: Funds held in retirement accounts, such as IRAs, Roth IRAs, and company-sponsored retirement plans, are generally protected from garnishment in Wisconsin. This exemption safeguards the defendant's future financial security and encourages retirement savings. 4. Social Security and Disability Benefits Exemption: Social Security benefits, as well as disability benefits received under federal programs, are generally exempt from garnishment. This is to ensure that individuals relying on these benefits for basic living expenses are not deprived of essential income. 5. Public Assistance and Unemployment Benefits Exemption: Funds received through public assistance programs like Temporary Assistance for Needy Families (TANK) and unemployment benefits are typically exempt from garnishment. These exemptions aim to provide support for individuals facing financial hardship due to unemployment or other adverse circumstances. When filing a motion to discharge or quash a writ of garnishment, it's important for the defendant to provide detailed and accurate information regarding the funds they seek to protect. Proper documentation and supporting evidence should be included, clearly indicating how the funds fall within the exemptions prescribed by Wisconsin law. By filing a Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, defendants can assert their rights to exempt funds and ensure their financial stability. Consulting with a knowledgeable attorney who specializes in debt collection and garnishment laws in Wisconsin can provide valuable guidance throughout this process.
