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."
In Iowa, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment serve as legal documents that address the process of challenging or dismissing a writ of garnishment and identifying funds exempted from garnishment under Iowa law. Here is a detailed description of these motions, their purpose, and the different types that exist: A Motion of Defendant to Discharge or Quash Writ of Garnishment is a formal request made by the defendant in a legal case to the court. This motion seeks either the complete dismissal (discharge) or invalidation (quashing) of a writ of garnishment, which is a legal order allowing a creditor to collect money owed by garnishing the defendant's wages, bank accounts, or other assets. The purpose of this motion is to challenge the validity or enforceability of the writ of garnishment, providing grounds that render it improper or unnecessary. Defendants use this motion to protect their rights, contest the creditor's claims, or demonstrate that the garnishment is causing undue hardship. Within the Motion of Defendant to Discharge or Quash Writ of Garnishment, there are various types depending on the specific circumstance. Some of these motions include: 1. Motion to Discharge Writ of Garnishment: This type of motion requests the court to completely eliminate the writ of garnishment. Defendants typically argue that there is no valid legal basis for the garnishment, such as lack of proper notice, procedural errors, or the creditor's failure to meet legal requirements. 2. Motion to Quash Writ of Garnishment: Unlike the motion to discharge, this type is filed when the defendant believes that the writ of garnishment is technically flawed or contains errors, making it invalid. Defendants may argue that the garnishment order fails to comply with legal standards, lacks necessary information, or inaccurately identifies the assets subject to garnishment. The Notice of Motion — Funds Exempt by Law from Garnishment is an additional document that accompanies the Motion to Discharge or Quash Writ of Garnishment. This notice serves as a declaration by the defendant, informing the court about specific funds or property that are legally exempt from garnishment under Iowa law. It helps identify the assets protected by law to ensure that they are not mistakenly or wrongfully seized by the creditor. Defendants must carefully research and cite relevant Iowa laws governing exemptions for specific types of funds or property. Examples of exemptions may include certain types of income, public benefits, retirement savings, certain personal property, or tools necessary for work, among others. Overall, these motions and accompanying notice allow defendants to contest the validity of a garnishment order, protect their rights, and assert exemptions granted by Iowa law. Legal representation is advisable when preparing and filing these motions to ensure compliance with court procedures and effectively present the defendant's case.
