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 "Florida 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 who believes that their funds are exempt from being garnished by a creditor. In Florida, there are different types of motions that fall under this category to address various circumstances. Let's explore the relevant content and keywords associated with this topic: 1. Detailed Description of the Motion: In the state of Florida, when a defendant receives a writ of garnishment from a creditor seeking to secure payment for a debt, they have the right to file a motion to discharge or quash the writ. This motion serves to challenge the garnishment by arguing that the funds being pursued by the creditor are exempt from being garnished based on specific provisions in Florida law. The motion aims to protect the defendant's assets deemed legally exempt and prevent their seizure by the creditor. 2. Relevant Keywords: — Florida garnishment law— - Defendant's motion to quash writ of garnishment — Defendant's motion to discharge writ of garnishment — Notice of motion to discharge or quash writ of garnishment — Exempt funds under Florida la— - Florida exemptions from garnishment — Legal protection against garnishment in Florida — Challenging garnishment in Florida courts — Provisions for exempting funds from garnishment — Defense against creditor's garnishment action — Protecting assets from garnishment in Florida 3. Different Types of Florida Motions: While the overall purpose of the motion is to discharge or quash the writ of garnishment, several types of motions may be filed depending on the circumstances of the case. These include: — Motion to Discharge or Quash Writ of Garnishment of Earnings: Used when the creditor is attempting to garnish wages or salary. — Motion to Discharge or Quash Writ of Garnishment of Bank Accounts: Filed to protect funds held in bank accounts from being garnished. — Motion to Discharge or Quash Writ of Garnishment of Property: Pertains to the garnishment of property or assets owned by the defendant. — Motion to Discharge or Quash Writ of Garnishment of Retirement Benefits: Utilized when the creditor seeks to garnish pension or retirement benefits that are protected by law. — Motion to Discharge or Quash Writ of Garnishment of Federal Benefits: In cases where the defendant's income stems from federal benefits, such as Social Security, the motion is used to prevent their garnishment. By preparing a detailed description and incorporating relevant keywords, this content effectively describes the purpose and various types of the "Florida Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment."
