Connecticut 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

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.

How Much of My Paycheck Can Be Taken by Wage Garnishment? 25% of your weekly disposable earnings except if the debt is to pay child support; or. The amount that your weekly disposable income exceeds 40 times the federal hourly minimum wage or the Connecticut minimum fair wage, whichever is greater.

The most effective way to stop garnishments or other levies is to pay in full.

In Connecticut, the most that can be garnished from your wages is the lesser of the following two options: 25% of your weekly disposable earnings, or. the amount by which your weekly disposable earnings exceed 40 times the federal hourly minimum wage or the Connecticut minimum fair wage, whichever is greater.

Filing for bankruptcy can stop all wage garnishments by judgment collectors. A wage garnishment lawyer can discuss your options, which may include a petition for hardship or bankruptcy.

An ?Application for a Prejudgment Remedy? (also known as a ?PJR? ? Connecticut General Statutes §52-278a et seq.) is a unique civil motion in Connecticut that allows a Plaintiff to seek to attach a Defendant's assets in most cases before a case even starts.

Federal and state law limits the amount that can be taken from your paycheck to pay debts. Federal law limits wage garnishments to 25% of your disposable income (15% for federal student loans) or the amount exceeding 30 times the federal minimum wage, whichever is less.

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.

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