District of Columbia 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."

The District of Columbia Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document filed by a defendant in a garnishment proceeding in the District of Columbia. This motion seeks to challenge the validity of a writ of garnishment and assert the exemption of certain funds from garnishment. In the District of Columbia, there are different types of motions that can be filed to discharge or quash a writ of garnishment and assert funds exempt by law from garnishment. Some of these motions include: 1. Motion to Discharge Writ of Garnishment: This motion requests the court to dismiss the writ of garnishment based on various grounds, such as improper service, procedural defects, or lack of legal basis for the garnishment. 2. Motion to Quash Writ of Garnishment: This motion seeks to annul or invalidate the writ of garnishment due to specific legal grounds, such as the lack of jurisdiction, improper service, or expiration of the statute of limitations. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This is a Notice of Motion filed by the defendant to inform the court and the garnishing party that certain funds are exempt from garnishment pursuant to the applicable laws in the District of Columbia. This notice asserts the defendant's right to protect specific assets or income sources from being seized to satisfy a debt or judgment. When filing a District of Columbia Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is crucial to include relevant keywords to ensure the document is comprehensive and meets the court's requirements. Some relevant keywords include: District of Columbia, motion, defendant, discharge, quash, writ of garnishment, notice of motion, funds, exempt, law, garnishment, legal grounds, improper service, procedural defects, lack of jurisdiction, statute of limitations, assets, income sources, debt, judgment.

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FAQ

The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).

Limits on Wage Garnishment in the District of Columbia Again, in Washington, D.C., the most that can be garnished from your wages is 25% of the amount by which your disposable wages for that week exceed 40 times the D.C. minimum hourly wage. More can be exempted upon a showing of undue hardship.

(1)(A) Where an attachment is levied upon wages due a judgment debtor from an employer-garnishee, the attachment shall become a lien and a continuing levy upon the gross wages due or to become due to the judgment debtor for the amount specified in the attachment to the extent of 25% of the amount by which the judgment ...

If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

In Washington, creditors can garnish 25% of your take-home pay. Even if you have a higher income and will need to file a Chapter 13 repayment plan, that is much better than being garnished. In most situations, a garnishment means things have really spun out of control. Only one creditor can garnish at a time.

While attachments deal with the property under the debtor's direct purview, wage garnishments target a different aspect of a person's wealth. Wage garnishments pertain to wealth or income sources paid to the debtor by a third party, usually their employer.

Protecting Retirement Accounts Under federal law, 401ks and other ERISA-qualified plans cannot be garnished by creditors. IRAs also receive protection up to $1 million (adjusted for inflation) under federal bankruptcy law. Some states provide additional protection for IRAs outside of bankruptcy.

Consumer debt exemptions are based on either 80% of disposable income or 35 times the state minimum wage which is now (2023) set at $15.74. Federal minimum wage remains unchanged and applies to general non-consumer, non-student loan, non child support, non spousal support type debts.

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(C) Send a copy of the order to the employer-garnishee at the address stated on the existing writ of attachment. (e) A judgment creditor may file a motion ... You have a right to a hearing within seven business days from the date you file your claim with the court. If the creditor is asking that your wages be withheld ...Here are a few tips for completing the form: The form asks you to describe the property you wish to have released from garnishment. 1) Fill out the form called “Motion to Exempt (Protect) Funds and Request for. Hearing.” This form is attached at the end of this notice. 2) File the form ... May 1, 2020 — The proper objective of rules of civil procedure is to obtain a just, fair, equitable and impartial adjudication of the rights of litigants ... Jul 1, 2023 — within a reasonable time thereafter file, a motion or answer on or before the date fixed in the notice as mailed, which date shall be not ... ... the motion pertains to all active judges in the circuit, the district administrative judge shall select a judge outside the circuit to hear the motion. (D) If ... by CJ Nabit · 1980 · Cited by 2 — Garnishment in Virginia is the process whereby a judgment creditor enforces the lien of a writ of fiert factass against any debt or property due the judgment ... A garnishment is a way for creditors to obtain payment for a debt by accessing and seizing the debtor's property, usually the debtor's bank account. More ... (c) Any payments made by an employer-garnishee in conformity with this section shall be a discharge of the liability of the employer to the judgment debtor to.

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