Delaware 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."

A Delaware 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. This motion requests the court to dismiss or reject the writ of garnishment on the grounds that the funds being targeted are exempt from garnishment under Delaware law. In Delaware, there are several types of motions related to the discharge or quashing of a writ of garnishment, each with specific circumstances. Some common types include: 1. Motion to Discharge: A defendant can file this motion when they believe the writ of garnishment is improper or lacks legal basis. They argue that the garnishment should be discharged, meaning the court should terminate the proceedings. 2. Motion to Quash: This motion is used when the defendant believes that jurisdiction or proper service of the writ was not obtained. The defendant argues that the writ of garnishment should be quashed, meaning it should be annulled or declared invalid. 3. Motion to Dismiss: In some cases, a defendant may file a motion to dismiss if they believe the plaintiff's claim is invalid or lacks merit altogether. This motion challenges the justification for the garnishment and requests the court to dismiss the entire case. 4. Motion to Reclaim Funds Exempt from Garnishment: If a defendant can prove that their funds are exempt from garnishment under Delaware law, they can file a motion to reclaim those funds. This motion asserts that the defendant's income or property falls within the protected categories and should not be subject to garnishment. When filing a Delaware Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, certain keywords should be incorporated to ensure relevancy. These keywords may include "Delaware," "motion to discharge," "motion to quash," "writ of garnishment," "notice of motion," "funds exempt by law from garnishment," "defendant," "plaintiff," "exemptions," "jurisdiction," "service of process," "dismissal," "reclaiming funds," and "legal basis." By including these keywords, the content will accurately address the specific document and its purpose within the legal framework of Delaware's garnishment laws.

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Rule 34 - Production of Documents, Electronically Stored Information, and Things; Entry upon Land for Inspection for Other Purposes.

59. Rule 59 - New Trials (a) Grounds. A new trial may be granted to all or any of the parties, and on all or part of the issues for any of the reasons for which rehearings have heretofore been granted in suits in equity.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

Rule 35 - Correction or reduction of sentence (a) Correction of sentence. - The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.

At any time more than 10 days before the trial begins a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the offer, with costs then accrued.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which ...

Currently, Rule 34(b) requires the defendant to move to arrest judgment within seven days after the court accepts a verdict or finding of guilty, or after a plea of guilty or nolo contendere, or within some other time set by the court in an order issued by the court within that same seven-day period.

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--. (1) The proof required for the issuance of a mesne writ of attachment under Chapter 35, Title 10,. Delaware Code, will be satisfied by filing with the ... A garnishment of the defendant's property in the hands of the other person may be made by filing a Civil Form No. 17 (Garnishment). The plaintiff should also ...The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. This form is a generic motion and adopts the "notice pleadings ... The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. Nov 7, 2014 — As Delaware does not exempt wages, Plaintiff is free to garnish Defendant's earnings, despite her relocation to Texas. Thus,. Garnishee's Motion ... If the complaint is not timely filed, the action may be dismissed on motion and notice, and in such case the court may, in its discretion, if it shall be of the ... Jan 10, 2023 — First, the request for an order to pay formed a mirror image to DynaColor's motion to quash the garnishment. Second, the superior court did not ... May 3, 2019 — The debtor sought to quash the writ arguing the funds held in the LLC capital account were exempt “wages.” The state court denied debtor's ... A Q&A guide to the various provisional remedies available in Delaware state courts. This Q&A addresses the legal standards in Delaware for obtaining ... A defendant opposing a motion for approval of attachment shall file material ... attorney will, as now, fill out the writ of attachment and/or the trustee summons.

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