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."
Keywords: Alameda California, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law, Garnishment Description: Alameda California is a city located in Alameda County, California. In legal proceedings, specifically related to garnishments, the motion of defendant to discharge or quash the writ of garnishment plays a crucial role in protecting the defendant's rights and assets. This motion allows the defendant to challenge the legality or validity of the garnishment order. There are different types of motions related to the discharge or quashing of a writ of garnishment in Alameda California. Some of these motions include: 1. Motion to Discharge Writ of Garnishment: This motion seeks to eliminate the garnishment order entirely. It may be filed if the defendant can prove that there are legal or procedural flaws in the garnishment process. 2. Motion to Quash Writ of Garnishment: This motion aims to render the garnishment order invalid. The defendant can file this motion if they have strong arguments suggesting that the garnishment order violates their legal rights. In addition to the motion to discharge or quash the writ of garnishment, the defendant can also file a Notice of Motion — Funds Exempt by Law from Garnishment. This notice alerts the court that certain funds or assets held by the defendant are protected by law from being garnished. It is crucial for the defendant to identify these exempt funds and provide evidence supporting their exempt status, such as documentation proving that the funds are necessary for basic living expenses or are protected by specific statutes. By utilizing the appropriate motions and notices, defendants in Alameda California can effectively protect themselves against unfair or unlawful garnishment of their assets. It is essential for individuals facing garnishment proceedings in Alameda California to consult with a legal professional to fully understand their rights and the various options available to them.Keywords: Alameda California, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law, Garnishment Description: Alameda California is a city located in Alameda County, California. In legal proceedings, specifically related to garnishments, the motion of defendant to discharge or quash the writ of garnishment plays a crucial role in protecting the defendant's rights and assets. This motion allows the defendant to challenge the legality or validity of the garnishment order. There are different types of motions related to the discharge or quashing of a writ of garnishment in Alameda California. Some of these motions include: 1. Motion to Discharge Writ of Garnishment: This motion seeks to eliminate the garnishment order entirely. It may be filed if the defendant can prove that there are legal or procedural flaws in the garnishment process. 2. Motion to Quash Writ of Garnishment: This motion aims to render the garnishment order invalid. The defendant can file this motion if they have strong arguments suggesting that the garnishment order violates their legal rights. In addition to the motion to discharge or quash the writ of garnishment, the defendant can also file a Notice of Motion — Funds Exempt by Law from Garnishment. This notice alerts the court that certain funds or assets held by the defendant are protected by law from being garnished. It is crucial for the defendant to identify these exempt funds and provide evidence supporting their exempt status, such as documentation proving that the funds are necessary for basic living expenses or are protected by specific statutes. By utilizing the appropriate motions and notices, defendants in Alameda California can effectively protect themselves against unfair or unlawful garnishment of their assets. It is essential for individuals facing garnishment proceedings in Alameda California to consult with a legal professional to fully understand their rights and the various options available to them.
