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

State:
Multi-State
City:
Houston
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 Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document filed in Houston, Texas, with the purpose of stopping or invalidating a writ of garnishment and asserting exemptions from garnishment. In Houston, Texas, a defendant may file this motion to protect their assets from being seized or frozen by a creditor seeking to collect a debt. The motion asserts that certain funds or property are exempt by law from garnishment, providing a detailed description of the exemptions claimed. Keywords: Houston Texas, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law from Garnishment. Types of motions commonly associated with the topic include: 1. Motion to Discharge Writ of Garnishment: This motion seeks the immediate termination of an existing writ of garnishment, arguing that it was improperly issued or that the debtor has already satisfied the debt. 2. Motion to Quash Writ of Garnishment: Similar to the discharge motion, this request aims to void the writ of garnishment due to procedural errors, lack of jurisdiction, or improper service. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice emphasizes that specific funds or property are legally protected from garnishment under applicable state or federal laws, such as exemptions for essential living expenses, government benefits, retirement funds, or homestead exemptions. It is important to consult with a qualified attorney when drafting or responding to a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment in Houston, Texas, as the legal requirements and exemptions may vary depending on the specific circumstances and applicable laws.

A Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document filed in Houston, Texas, with the purpose of stopping or invalidating a writ of garnishment and asserting exemptions from garnishment. In Houston, Texas, a defendant may file this motion to protect their assets from being seized or frozen by a creditor seeking to collect a debt. The motion asserts that certain funds or property are exempt by law from garnishment, providing a detailed description of the exemptions claimed. Keywords: Houston Texas, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law from Garnishment. Types of motions commonly associated with the topic include: 1. Motion to Discharge Writ of Garnishment: This motion seeks the immediate termination of an existing writ of garnishment, arguing that it was improperly issued or that the debtor has already satisfied the debt. 2. Motion to Quash Writ of Garnishment: Similar to the discharge motion, this request aims to void the writ of garnishment due to procedural errors, lack of jurisdiction, or improper service. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice emphasizes that specific funds or property are legally protected from garnishment under applicable state or federal laws, such as exemptions for essential living expenses, government benefits, retirement funds, or homestead exemptions. It is important to consult with a qualified attorney when drafting or responding to a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment in Houston, Texas, as the legal requirements and exemptions may vary depending on the specific circumstances and applicable laws.

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