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."
Chicago Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Chicago, Illinois, when a defendant receives a writ of garnishment, they have the right to file a motion in court to discharge or quash the writ. This motion enables the defendant to protect certain funds from being subjected to garnishment. It is crucial for defendants to understand the process and their rights when facing a writ of garnishment in Chicago. Types of Chicago Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. Motion to Discharge Writ of Garnishment: This type of motion requests the court to annul or eliminate the writ of garnishment placed on the defendant's funds. It asserts that the garnishment is unfounded or unjust, often due to procedural errors or improper grounds. 2. Motion to Quash Writ of Garnishment: This motion seeks to have the court nullify or cancel the writ of garnishment entirely. It argues that the plaintiff lacks sufficient legal basis to garnish the defendant's funds and questions the validity of the underlying debt or judgment. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice informs the court of specific funds belonging to the defendant that are protected and exempt from garnishment under Illinois law. It specifies the legal provisions that safeguard these funds, emphasizing the defendant's right to preserve them. Keywords: Chicago, Illinois, motion, defendant, discharge, quash, writ of garnishment, notice of motion, funds exempt by law, garnishment. Detailed Description: The city of Chicago, located in Illinois, provides defendants with the opportunity to challenge a writ of garnishment through a Motion to Discharge or Quash. This legal motion acts as a safeguard for individuals facing potential financial losses due to garnishment. Understanding the different types of motions available is crucial for defendants seeking to protect their funds. A Motion to Discharge Writ of Garnishment allows the defendant to request the court to remove or cancel the writ that seeks to garnish their funds. This motion primarily focuses on procedural errors or inadequate legal grounds for the garnishment, aiming to prove to the court that the writ is unjust or unwarranted. On the other hand, a Motion to Quash Writ of Garnishment aims to challenge the validity of the entire writ. Defendants utilizing this motion argue that the plaintiff lacks proper legal basis to garnish their funds. They question the accuracy of the underlying debt or judgment, attempting to render the writ null and void. To reinforce their motion and assert their rights, defendants are required to file a Notice of Motion — Funds Exempt by Law from Garnishment. This notice ensures that certain funds belonging to the defendant remain protected under Illinois law and cannot be garnished. By citing the relevant legal provisions that safeguard these funds, defendants establish their entitlement to exemption and discourage their inclusion in the garnishment process. In conclusion, Chicago, Illinois provides defendants with valuable legal recourse in the form of motions to discharge or quash writs of garnishment. By availing themselves of these motions, defendants can challenge the validity of the writs and protect their funds from being subjected to garnishment. It is vital for individuals facing garnishment to familiarize themselves with the different types of motions available and exercise their rights accordingly.Chicago Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Chicago, Illinois, when a defendant receives a writ of garnishment, they have the right to file a motion in court to discharge or quash the writ. This motion enables the defendant to protect certain funds from being subjected to garnishment. It is crucial for defendants to understand the process and their rights when facing a writ of garnishment in Chicago. Types of Chicago Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. Motion to Discharge Writ of Garnishment: This type of motion requests the court to annul or eliminate the writ of garnishment placed on the defendant's funds. It asserts that the garnishment is unfounded or unjust, often due to procedural errors or improper grounds. 2. Motion to Quash Writ of Garnishment: This motion seeks to have the court nullify or cancel the writ of garnishment entirely. It argues that the plaintiff lacks sufficient legal basis to garnish the defendant's funds and questions the validity of the underlying debt or judgment. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice informs the court of specific funds belonging to the defendant that are protected and exempt from garnishment under Illinois law. It specifies the legal provisions that safeguard these funds, emphasizing the defendant's right to preserve them. Keywords: Chicago, Illinois, motion, defendant, discharge, quash, writ of garnishment, notice of motion, funds exempt by law, garnishment. Detailed Description: The city of Chicago, located in Illinois, provides defendants with the opportunity to challenge a writ of garnishment through a Motion to Discharge or Quash. This legal motion acts as a safeguard for individuals facing potential financial losses due to garnishment. Understanding the different types of motions available is crucial for defendants seeking to protect their funds. A Motion to Discharge Writ of Garnishment allows the defendant to request the court to remove or cancel the writ that seeks to garnish their funds. This motion primarily focuses on procedural errors or inadequate legal grounds for the garnishment, aiming to prove to the court that the writ is unjust or unwarranted. On the other hand, a Motion to Quash Writ of Garnishment aims to challenge the validity of the entire writ. Defendants utilizing this motion argue that the plaintiff lacks proper legal basis to garnish their funds. They question the accuracy of the underlying debt or judgment, attempting to render the writ null and void. To reinforce their motion and assert their rights, defendants are required to file a Notice of Motion — Funds Exempt by Law from Garnishment. This notice ensures that certain funds belonging to the defendant remain protected under Illinois law and cannot be garnished. By citing the relevant legal provisions that safeguard these funds, defendants establish their entitlement to exemption and discourage their inclusion in the garnishment process. In conclusion, Chicago, Illinois provides defendants with valuable legal recourse in the form of motions to discharge or quash writs of garnishment. By availing themselves of these motions, defendants can challenge the validity of the writs and protect their funds from being subjected to garnishment. It is vital for individuals facing garnishment to familiarize themselves with the different types of motions available and exercise their rights accordingly.
