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."
Georgia Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Georgia, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment plays a crucial role in protecting individuals from having their exempt funds subjected to garnishment. This legal motion provides defendants with the opportunity to request the court's intervention in halting or eliminating a writ of garnishment and ensuring the safeguarding of their exempted funds by law. Various types of Georgia Motions of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment can be filed depending on the specific circumstances. These variations include: 1. Motion to Discharge Writ of Garnishment: This motion is filed when the defendant believes that there are grounds for discharging the writ of garnishment. It asserts that the garnishment is unlawful or unjust, and requests the court to annul the garnishment order. 2. Motion to Quash Writ of Garnishment: This type of motion seeks to have the court terminate the writ of garnishment. It is typically filed when the defendant believes that the garnishment order was improperly issued or lacks legal validity. 3. Motion for Notice of Motion — Funds Exempt by Law from Garnishment: This motion serves to inform the court that the defendant is seeking to protect specific funds exempted by law from garnishment. By requesting this notice, the defendant ensures that the court is aware of their intent to assert their rights to the exempted funds. Keywords: Georgia, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law, Garnishment Order, Unlawful, Unjust, Terminate, Improperly Issued, Legal Validity.
