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."
Hawaii Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Hawaii, when a defendant receives a Writ of Garnishment, they have the right to file a Motion to Discharge or Quash the writ if they believe it is unjust or improperly obtained. This legal action allows the defendant to challenge the garnishment order and protect funds that are exempt by law from garnishment. Different types of Hawaii Motions of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment include: 1. Wage Garnishment: If the defendant's primary source of income is their wages, they can file this motion to protect a portion of their earnings that are exempt from garnishment under Hawaii state law. 2. Bank Account Garnishment: When a defendant's bank account is subject to garnishment, they can file a motion to discharge or quash the writ in order to protect funds that are exempt by law, such as certain government benefits or child support payments. 3. Property Garnishment: If the defendant's property is at risk of being seized or auctioned off due to a writ of garnishment, this motion can be filed to prevent the loss of exempt property, like a primary residence or necessary household items. 4. Exempt Income Garnishment: Certain types of income, such as social security benefits, disability payments, or veterans' benefits, may be exempt from garnishment. Filing a motion can help the defendant retain these funds and prevent financial hardship. Key to successfully filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment in Hawaii is understanding the relevant exemptions specified under state law. These exemptions safeguard essential funds and assets, ensuring that defendants maintain a basic standard of living and protect their rights. Additionally, it is crucial to follow the correct procedure and meet specific deadlines when filing this motion. Consulting with an experienced attorney specializing in garnishment issues can provide valuable guidance throughout the process, helping defendants navigate the legal complexities and protect their exempt funds. By filing a Motion to Discharge or Quash a Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, defendants in Hawaii can actively defend against improper garnishments and safeguard their financial stability.
