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

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Description

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

How to make a Claim of Exemption Fill out forms. Fill out two court forms: ... File the Claim of Exemption with the levying officer. ... Wait to see if the claim is opposed. ... Reply to the opposition (if any) ... Check if your court uses tentative rulings. ... Go to the hearing.

How to ask for an exemption Fill out court forms and make copies. Fill out these two forms: ... Make copies. Make 2 copies of your forms. ... Give the Claim to the levying officer. Take or mail the original and 1 copy to the levying officer. ... Wait to see if the other side files anything.

If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

Description. A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.

If you received a Notice of Opposition to Claim of Exemption (form WG-009) or a Notice of Opposition to Claim of Exemption (form EJ-170), it means the other side disagreed with your request for an exemption. You will have a court date (a hearing) where a judge will decide if you can get the exemption.

In California, there is an automatic exemption amount of $1,826.00 pursuant to CCP §704.220. This amount is adjusted annually and is effective until June 30, 2022. The debtor may file a Claim of Exemption within 15 days of being served (or 20 days if served by mail) with the Sheriff.

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