Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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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."

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FAQ

Property may be subject to garnishment, but not all property can be garnished; some property is protected (see A.R.S. Title 33, Chapter 8). For example, a judgment creditor who garnishes a bank account may only take the money that is in the account on the day the Writ of Garnishment is served on the bank.

How do I stop a garnishment? Option 1: Don't allow a judgment to be entered against you. Option 2: Challenge the judgment. Option 3: Don't expose assets to garnishment. Option 4: Reduce the amount that is being garnished (wage garnishments only) Option 5: Settlement. Option 6: Bankruptcy.

Under Arizona law, on a weekly basis, the garnishment can't exceed the lesser of: 10% of your disposable earnings for that week or. the amount by which your disposable earnings for that week surpass 60 times the applicable minimum hourly wage.

The exempt property may include community, joint or separate property of the judgment debtor. B. If the judgment debtor dies or absconds and leaves a spouse or dependent any property that is exempt under this section, the property remains exempt to the spouse or dependent. C.

Release of Garnishment forms are most commonly used to stop the garnishment because the amount owed is paid in full however, they can also be used if the person being garnished has switched employment. If an amount is still outstanding the garnishment can be reinstated.

If after December 5, 2022, then the new law which only allows for 10% garnishment is in place. The employer should look at the garnishment package to see when the judgment was effective as that will dictate whether 25% or 10% of the employee's non-exempt disposable earnings can be garnished.

Complaints, summons, and judgments should alert you that legal action has been taken against you. File a motion to set aside judgment: Challenging the judgment is a valid way to stop the garnishment if you did not know there was a judgment against you.

The Petition and Order Discharging Garnishee (FORMS 12 & 13) can be used to release the garnishee who turns over property in response to the Writ of Garnishment or in other appropriate circumstances. Once it is filed, mail a copy to the garnishee, the judgment debtor and any other creditor who has asked to be notified.

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Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment