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

State:
Multi-State
County:
Clark
Control #:
US-01673BG
Format:
Word; 
Rich Text
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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."

A "Clark Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment" is a legal procedure that allows defendants in a garnishment case to challenge the writ of garnishment against them and claim exempt funds under Nevada state law. This motion can be used in various types of cases, including: 1. Wage garnishment: When a creditor seeks to garnish a portion of a defendant's wages to satisfy a debt. 2. Bank account garnishment: When a creditor attempts to seize funds from a defendant's bank account to fulfill a debt. 3. Property or asset garnishment: When a creditor seeks to attach and sell the defendant's property or assets to recover a debt. In the Clark Nevada jurisdiction, defendants have the right to file a Motion to Discharge or Quash the writ of garnishment. This motion is typically based on asserting that certain funds are exempt from garnishment according to Nevada state law. Some relevant keywords for this motion may include: 1. Defendant: The party against whom the writ of garnishment has been issued. 2. Motion to Discharge or Quash: The legal document filed by the defendant to challenge the validity of the writ. 3. Writ of Garnishment: The court order allowing a creditor to collect from the defendant's wages, bank accounts, or assets. 4. Funds Exempt by Law from Garnishment: The portion of the defendant's income or assets that is protected under Nevada state law and cannot be taken by creditors. 5. Nevada state law exemptions: The specific statutes and regulations that outline which funds are exempt from garnishment. 6. Notice of Motion: A formal notice to all parties involved, informing them that the defendant has filed a motion challenging the writ of garnishment. 7. Clark Nevada jurisdiction: The specific court where the motion is filed, indicating that it falls under the jurisdiction of Clark County, Nevada. When drafting a detailed description of this motion, it is essential to include relevant keywords such as these to ensure that the content accurately reflects the specific procedure and legal context of the Clark Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment.

A "Clark Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment" is a legal procedure that allows defendants in a garnishment case to challenge the writ of garnishment against them and claim exempt funds under Nevada state law. This motion can be used in various types of cases, including: 1. Wage garnishment: When a creditor seeks to garnish a portion of a defendant's wages to satisfy a debt. 2. Bank account garnishment: When a creditor attempts to seize funds from a defendant's bank account to fulfill a debt. 3. Property or asset garnishment: When a creditor seeks to attach and sell the defendant's property or assets to recover a debt. In the Clark Nevada jurisdiction, defendants have the right to file a Motion to Discharge or Quash the writ of garnishment. This motion is typically based on asserting that certain funds are exempt from garnishment according to Nevada state law. Some relevant keywords for this motion may include: 1. Defendant: The party against whom the writ of garnishment has been issued. 2. Motion to Discharge or Quash: The legal document filed by the defendant to challenge the validity of the writ. 3. Writ of Garnishment: The court order allowing a creditor to collect from the defendant's wages, bank accounts, or assets. 4. Funds Exempt by Law from Garnishment: The portion of the defendant's income or assets that is protected under Nevada state law and cannot be taken by creditors. 5. Nevada state law exemptions: The specific statutes and regulations that outline which funds are exempt from garnishment. 6. Notice of Motion: A formal notice to all parties involved, informing them that the defendant has filed a motion challenging the writ of garnishment. 7. Clark Nevada jurisdiction: The specific court where the motion is filed, indicating that it falls under the jurisdiction of Clark County, Nevada. When drafting a detailed description of this motion, it is essential to include relevant keywords such as these to ensure that the content accurately reflects the specific procedure and legal context of the Clark Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment.

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