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" is a legal process that allows the defendant to contest the validity of a court-ordered writ of garnishment. In the case of Kings County, New York, this motion is initiated by the defendant to protect funds that are deemed exempt from garnishment under the law. The "Notice of Motion — Funds Exempt by Law from Garnishment" is a formal notice given to the court and the opposing party, informing them of the defendant's intention to present a motion to discharge or quash the writ of garnishment. This notice includes an explanation of the specific funds or assets that the defendant believes to be exempt from garnishment, based on the applicable laws in Kings County, New York. There are various types of situations in which a defendant may file a Motion to Discharge or Quash Writ of Garnishment in Kings County. These can include: 1. Exempt Income: The defendant may claim that certain sources of income are exempt from garnishment, such as social security benefits, disability payments, or public assistance. 2. Homestead Exemption: The defendant may argue that their primary residence is protected by a homestead exemption, meaning it cannot be seized or garnished to satisfy a debt. 3. Bankruptcy Protection: If the defendant has filed for bankruptcy, they may seek to have the writ of garnishment discharged, as it may violate the automatic stay imposed by bankruptcy proceedings. 4. Head of Household Exemption: In some cases, a defendant can claim a head of household exemption, which aims to protect a certain portion of their income or assets if they provide the primary support for dependents. 5. Earned Income Exemption: The defendant may argue that a portion of their wages or salary, up to a certain amount specified by law, is exempt from garnishment. In summary, a "Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment" is a legal tool used by defendants in Kings County, New York, to challenge the validity of a writ of garnishment and protect funds deemed exempt under applicable laws. Various exemptions can be claimed, such as those related to income, housing, bankruptcy, and support of dependents.A "Motion of Defendant to Discharge or Quash Writ of Garnishment" is a legal process that allows the defendant to contest the validity of a court-ordered writ of garnishment. In the case of Kings County, New York, this motion is initiated by the defendant to protect funds that are deemed exempt from garnishment under the law. The "Notice of Motion — Funds Exempt by Law from Garnishment" is a formal notice given to the court and the opposing party, informing them of the defendant's intention to present a motion to discharge or quash the writ of garnishment. This notice includes an explanation of the specific funds or assets that the defendant believes to be exempt from garnishment, based on the applicable laws in Kings County, New York. There are various types of situations in which a defendant may file a Motion to Discharge or Quash Writ of Garnishment in Kings County. These can include: 1. Exempt Income: The defendant may claim that certain sources of income are exempt from garnishment, such as social security benefits, disability payments, or public assistance. 2. Homestead Exemption: The defendant may argue that their primary residence is protected by a homestead exemption, meaning it cannot be seized or garnished to satisfy a debt. 3. Bankruptcy Protection: If the defendant has filed for bankruptcy, they may seek to have the writ of garnishment discharged, as it may violate the automatic stay imposed by bankruptcy proceedings. 4. Head of Household Exemption: In some cases, a defendant can claim a head of household exemption, which aims to protect a certain portion of their income or assets if they provide the primary support for dependents. 5. Earned Income Exemption: The defendant may argue that a portion of their wages or salary, up to a certain amount specified by law, is exempt from garnishment. In summary, a "Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment" is a legal tool used by defendants in Kings County, New York, to challenge the validity of a writ of garnishment and protect funds deemed exempt under applicable laws. Various exemptions can be claimed, such as those related to income, housing, bankruptcy, and support of dependents.
