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."
Nassau New York is a county in the state of New York, known for its vibrant communities and diverse population. Within the legal context, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment can be an essential legal process that aims to protect individuals from having their funds seized or garnished by creditors. In Nassau New York, several types of motions related to garnishment and the protection of funds exist, including: 1. Motion of Defendant to Discharge Writ of Garnishment: This specific type of motion calls for the release of a writ of garnishment, arguing that the original order was obtained unlawfully or that the defendant has satisfied the debt in question. 2. Motion of Defendant to Quash Writ of Garnishment: A motion to quash a writ of garnishment asserts that the original court order for garnishment was invalid or improper, typically due to procedural errors or lack of proper notice. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This document notifies the court and opposing parties of the defendant's intent to claim exemptions on certain funds as provided by New York state law. It highlights that these funds are protected from garnishment and should not be included in the debt collection process. These motions and notices play a crucial role in safeguarding individuals' financial security by asserting legal rights and exemptions granted by the state. The Nassau New York court system provides a fair and just platform for individuals to present their grievances regarding garnishment orders, ensuring that their exempt assets are protected in accordance with the law. When filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment in Nassau New York, it is important to consult with an experienced attorney who can guide individuals through the legal process and provide appropriate legal advice tailored to their specific situation.
