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."
Title: Understanding the Alaska Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Introduction: In Alaska, when a defendant faces a writ of garnishment to collect a debt, they have the right to file a Motion to Discharge or Quash the writ. In specific cases, certain funds may also be exempt from garnishment under Alaska law. In this article, we will provide a detailed description of the Alaska Motion of Defendant to Discharge or Quash Writ of Garnishment and explain the concept of funds exempts by law from garnishment. 1. Alaska Motion of Defendant to Discharge or Quash Writ of Garnishment: The Motion of Defendant to Discharge or Quash Writ of Garnishment allows the defendant to challenge the validity or fairness of a garnishment order. This legal maneuver enables the defendant to present to the court their reasons for objecting to the garnishment, potentially resulting in the relief or elimination of the garnishment order altogether. 2. Grounds for Filing the Motion: a. Lack of Jurisdiction: The defendant may argue that the court lacks jurisdiction over the garnishment proceedings due to reasons such as improper service or procedural flaws. b. Invalid or Expired Judgment: The defendant may present evidence suggesting that the judgment has been paid, satisfied, discharged, or is otherwise invalid or expired. c. Improper Calculation: The defendant may claim that the amount specified in the garnishment order is incorrect due to miscalculations, errors, or wrongful inclusion of certain funds. d. Defenses or Exemptions: The defendant can assert any lawful defenses or exemptions that prevent proper execution of the garnishment order. 3. Notice of Motion — Funds Exempt by Law from Garnishment: In Alaska, certain funds and income sources are exempt from garnishment by law. These exemptions safeguard the defendant's necessities, ensuring they have a minimum level of funds to support themselves and their dependents. The Notice of Motion highlights these funds' exempt status, serving as a crucial component of the overall motion to discharge or quash the writ of garnishment. Types of Funds Exempt by Law from Garnishment in Alaska: a. Social Security Benefits: Social Security retirement, disability, or survivor benefits are generally protected from garnishment under federal law. b. VA Benefits: Veterans' benefits, including disability compensation, pension benefits, and education assistance, are usually exempt from garnishment. c. Public Assistance, Welfare, and Unemployment Benefits: Funds received through public assistance programs such as Temporary Assistance for Needy Families (TANK), General Relief, and unemployment benefits are typically exempt. d. Child Support and Alimony: Amounts received as child support or alimony are generally protected from garnishment in order to prioritize the well-being of dependents. e. Retirement and Pension Benefits: Qualified retirement and pension benefits, such as those from employer-sponsored plans or Individual Retirement Accounts (IRAs), are typically exempted from garnishment. f. Wages and Earnings: Certain portions of an individual's wages or earnings may be protected from garnishment under Alaska law, depending on the amount earned and specific circumstances. Conclusion: When facing a garnishment order in Alaska, the defendant can file a Motion to Discharge or Quash the writ, outlining valid reasons for their objection. It is essential to be aware of the funds exempt by law from garnishment to protect one's essential income and assets. Understanding the different types of exemptions and applicable laws helps defendants navigate the garnishment process with greater clarity and effectiveness.
