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."
Connecticut Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal motion that allows a defendant to request the dismissal, cancellation, or suspension of a writ of garnishment placed on their funds. This motion is filed in cases where the defendant believes that their funds are exempt from garnishment under Connecticut state law. In Connecticut, there are multiple types of motions related to the discharge or quashing of a garnishment writ, namely: 1. Motion to Discharge: This motion is filed when the defendant believes that the garnishment writ is invalid or improperly issued, and seeks the court's order to remove it entirely. 2. Motion to Quash: In cases where the defendant believes that the garnishment writ is based on incorrect or incomplete information, they can file a motion to quash. This motion requests the court to cancel or invalidate the writ. 3. Notice of Motion: Along with the motion itself, the defendant must also file a notice of motion to inform the court and all other relevant parties about their intent to seek relief from the writ of garnishment. Furthermore, when asserting that their funds are exempt from garnishment, the defendant must focus on keywords that are relevant to the specific exemptions provided by Connecticut law. Some keywords to consider include: — Exempt property: The defendant may assert that the funds being garnished are exempt as they are considered exempt property under Connecticut law. — Wage exemptions: If the garnishment is targeting the defendant's wages, they may argue that their income is within the allowable wage exemptions, preventing it from being subject to garnishment. — Public benefits: The defendant may claim that the funds being garnished are derived from public benefits, such as social security payments, welfare, or unemployment benefits. These public benefits are usually protected from garnishment. — Homestead exemptions: If the funds being garnished are tied to the defendant's primary residence, they could argue that these funds are protected under Connecticut's homestead exemption laws. — Head of household exemptions: In cases where the defendant is considered the head of a household responsible for supporting dependents, they may assert that their funds are protected by the head of household exemption. It is important for defendants to consult with an attorney knowledgeable about Connecticut garnishment laws to determine the most appropriate type of motion and legal arguments based on their specific circumstances.
