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."
Description: A Phoenix Arizona 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 by a defendant in a garnishment case in the Phoenix, Arizona area. This motion is typically used to seek relief from a garnishment order placed on the defendant's funds or assets, asserting that the funds in question are protected or exempt from garnishment under applicable laws. Keywords: Phoenix Arizona, motion, defendant, discharge, quash, writ of garnishment, notice, funds exempt, garnishment. Different types of Phoenix Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment include: 1. Wage Garnishment Motion: This motion is filed when the garnishment order is related to the defendant's wages or salary. The defendant may argue that a portion of their income is exempt from garnishment due to legal protections. 2. Bank Account Garnishment Motion: If the garnishment targets the defendant's bank accounts, they can file this motion to assert that the funds in question are exempt by law and should be released. 3. Property or Asset Garnishment Motion: In situations where the garnishment order seeks to seize specific property or assets belonging to the defendant, this motion can be filed to claim exemptions under state or federal laws. 4. Social Security or Disability Benefits Garnishment Motion: If the funds being garnished are derived from social security benefits, disability benefits, or any other protected source of income, the defendant can file this motion to assert that these funds are exempt from garnishment. 5. Spousal Maintenance or Child Support Garnishment Motion: If the garnishment is related to spousal maintenance or child support payments, the defendant can file this motion to argue that these payments are protected by law and should not be subject to garnishment. It is crucial for defendants in garnishment cases to understand their rights and available options. Consulting with a legal professional experienced in Arizona garnishment laws is highly advisable to ensure the motion is properly filed and to maximize the chances of a successful discharge or quash.Description: A Phoenix Arizona 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 by a defendant in a garnishment case in the Phoenix, Arizona area. This motion is typically used to seek relief from a garnishment order placed on the defendant's funds or assets, asserting that the funds in question are protected or exempt from garnishment under applicable laws. Keywords: Phoenix Arizona, motion, defendant, discharge, quash, writ of garnishment, notice, funds exempt, garnishment. Different types of Phoenix Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment include: 1. Wage Garnishment Motion: This motion is filed when the garnishment order is related to the defendant's wages or salary. The defendant may argue that a portion of their income is exempt from garnishment due to legal protections. 2. Bank Account Garnishment Motion: If the garnishment targets the defendant's bank accounts, they can file this motion to assert that the funds in question are exempt by law and should be released. 3. Property or Asset Garnishment Motion: In situations where the garnishment order seeks to seize specific property or assets belonging to the defendant, this motion can be filed to claim exemptions under state or federal laws. 4. Social Security or Disability Benefits Garnishment Motion: If the funds being garnished are derived from social security benefits, disability benefits, or any other protected source of income, the defendant can file this motion to assert that these funds are exempt from garnishment. 5. Spousal Maintenance or Child Support Garnishment Motion: If the garnishment is related to spousal maintenance or child support payments, the defendant can file this motion to argue that these payments are protected by law and should not be subject to garnishment. It is crucial for defendants in garnishment cases to understand their rights and available options. Consulting with a legal professional experienced in Arizona garnishment laws is highly advisable to ensure the motion is properly filed and to maximize the chances of a successful discharge or quash.
