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."
Cook County, Illinois is home to a legal process known as a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. This legal motion allows defendants to potentially prevent their assets from being seized through a writ of garnishment, which is a court order that allows a creditor to collect money owed by the debtor. There are two main types of Cook Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. Discharge Motion: This type of motion is filed by the defendant with the intention of completely eliminating the writ of garnishment. The defendant argues that the garnishment is improper or invalid, either due to procedural errors or because the debt is non-existent or has already been satisfied. By filing this motion, the defendant aims to discharge all claims against their funds and prevent any further collection attempts. 2. Quash Motion: Unlike a discharge motion, a quasi motion aims to temporarily suspend or halt the garnishment order until the court can make a final determination. Defendants typically file a quasi motion when they believe the writ of garnishment was issued in violation of their legal rights or if they have legitimate exemptions to the garnishment. This motion allows them to contest the validity of the writ and protect their funds from immediate seizure. In both types of motions, defendants often argue that the funds subject to garnishment are exempt by law. Exemptions vary depending on state laws but typically include certain types of income, such as public benefits like Social Security or unemployment benefits, pension funds, child support payments, and certain assets necessary for basic living expenses. It is crucial for defendants to consult with legal professionals familiar with Cook County, Illinois procedures and garnishment laws when preparing and filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. By understanding the specific circumstances of the garnishment and utilizing the appropriate legal strategies, defendants can effectively protect their funds and assert their rights within the realm of the law.Cook County, Illinois is home to a legal process known as a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. This legal motion allows defendants to potentially prevent their assets from being seized through a writ of garnishment, which is a court order that allows a creditor to collect money owed by the debtor. There are two main types of Cook Illinois Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. Discharge Motion: This type of motion is filed by the defendant with the intention of completely eliminating the writ of garnishment. The defendant argues that the garnishment is improper or invalid, either due to procedural errors or because the debt is non-existent or has already been satisfied. By filing this motion, the defendant aims to discharge all claims against their funds and prevent any further collection attempts. 2. Quash Motion: Unlike a discharge motion, a quasi motion aims to temporarily suspend or halt the garnishment order until the court can make a final determination. Defendants typically file a quasi motion when they believe the writ of garnishment was issued in violation of their legal rights or if they have legitimate exemptions to the garnishment. This motion allows them to contest the validity of the writ and protect their funds from immediate seizure. In both types of motions, defendants often argue that the funds subject to garnishment are exempt by law. Exemptions vary depending on state laws but typically include certain types of income, such as public benefits like Social Security or unemployment benefits, pension funds, child support payments, and certain assets necessary for basic living expenses. It is crucial for defendants to consult with legal professionals familiar with Cook County, Illinois procedures and garnishment laws when preparing and filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. By understanding the specific circumstances of the garnishment and utilizing the appropriate legal strategies, defendants can effectively protect their funds and assert their rights within the realm of the law.
