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."
The Alabama Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document used in Alabama courts to request the dismissal or cancellation of a writ of garnishment that has been issued against a defendant. This motion is typically filed when the defendant believes that the garnishment is improper, based on certain exemptions provided by the law in Alabama. In Alabama, there are different types of motions that can be filed to challenge a writ of garnishment and protect funds that are exempt from garnishment. Some of these motions include: 1. Motion to Discharge Writ of Garnishment: This motion seeks to completely eliminate the writ of garnishment that has been issued against the defendant. It argues that the garnishment is not legally valid or that the defendant's specific circumstances warrant the discharge. 2. Motion to Quash Writ of Garnishment: This motion aims to nullify the writ of garnishment, making it legally void and unenforceable. The defendant may argue that the garnishment was improperly obtained or that their rights have been violated in some way. 3. Motion to Release Exempt Funds: When funds or property are protected from garnishment under Alabama law, the defendant can file a motion to release those funds. This motion asserts that the funds are exempt and should not be subject to the garnishment. 4. Notice of Motion — Funds Exempt by Law from Garnishment: This notice serves to inform the court and the opposing party that the defendant intends to present evidence and arguments to establish that certain funds or property are protected from garnishment under the applicable laws in Alabama. It is crucial to understand and accurately cite the relevant keywords and legal provisions when preparing the Alabama Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment. These motions should be supported by compelling arguments, evidence, and a thorough understanding of Alabama's garnishment laws to increase the likelihood of success in protecting the defendant's exempt assets.
