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."
The Hennepin County 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 Minnesota who are facing garnishment of their funds to challenge the writ and seek protection for certain exempt funds. This process provides individuals with the opportunity to assert their legal rights and ensure that their necessities are not taken away. There are several types of motions that fall under the category of a Hennepin County Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. These motions include: 1. Motion to Discharge or Quash Writ of Garnishment: This motion is filed by the defendant to challenge the validity or legality of the garnishment writ. It argues that the writ should be dismissed or invalidated due to procedural errors, statutory violations, or other legal grounds. 2. Notice of Motion — Funds Exempt by Law from Garnishment: This notice is typically filed along with the motion to discharge or quash the garnishment writ. It specifically identifies the funds or assets that the defendant believes are exempt from garnishment under Minnesota state law. These exemptions may include specific earnings, government benefits, retirement funds, child support, or public assistance funds. 3. Motion to Claim Exempt Property: In some cases, defendants may file a separate motion to claim specific property as exempt, rather than challenging the entire garnishment writ. This motion is used when the defendant wants to protect specific assets from being seized by the garnishment process. Defendants seeking protection from garnishment in Hennepin County, Minnesota, need to carefully prepare their motions, providing detailed explanations, evidence, and legal arguments supporting their claim of exemption or challenge to the writ. It is essential to consult with an attorney familiar with Minnesota garnishment laws to understand the specific requirements and procedures for filing these motions. By doing so, defendants can assert their rights and maximize the chances of preserving their exempt funds.The Hennepin County 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 Minnesota who are facing garnishment of their funds to challenge the writ and seek protection for certain exempt funds. This process provides individuals with the opportunity to assert their legal rights and ensure that their necessities are not taken away. There are several types of motions that fall under the category of a Hennepin County Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. These motions include: 1. Motion to Discharge or Quash Writ of Garnishment: This motion is filed by the defendant to challenge the validity or legality of the garnishment writ. It argues that the writ should be dismissed or invalidated due to procedural errors, statutory violations, or other legal grounds. 2. Notice of Motion — Funds Exempt by Law from Garnishment: This notice is typically filed along with the motion to discharge or quash the garnishment writ. It specifically identifies the funds or assets that the defendant believes are exempt from garnishment under Minnesota state law. These exemptions may include specific earnings, government benefits, retirement funds, child support, or public assistance funds. 3. Motion to Claim Exempt Property: In some cases, defendants may file a separate motion to claim specific property as exempt, rather than challenging the entire garnishment writ. This motion is used when the defendant wants to protect specific assets from being seized by the garnishment process. Defendants seeking protection from garnishment in Hennepin County, Minnesota, need to carefully prepare their motions, providing detailed explanations, evidence, and legal arguments supporting their claim of exemption or challenge to the writ. It is essential to consult with an attorney familiar with Minnesota garnishment laws to understand the specific requirements and procedures for filing these motions. By doing so, defendants can assert their rights and maximize the chances of preserving their exempt funds.
