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.
