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."
Idaho Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In the state of Idaho, defendants have the right to file a Motion to Discharge or Quash a Writ of Garnishment in cases where they believe their funds are exempt by law from garnishment. This legal process allows them to challenge the garnishment and protect their financial assets. Here are the different types of Idaho Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. Idaho Code § 11-603 Motion: This type of motion can be filed when the defendant believes they are entitled to an exemption under Idaho law. It offers protection to certain funds and income sources that are exempt from garnishment. 2. Idaho Code § 11-604 Motion: Defendants can file this motion to challenge the garnishment if their funds are derived from specific sources such as public assistance, social security benefits, workers' compensation, or veteran's benefits. These funds are protected by law and exempt from garnishment. 3. Idaho Code § 11-605 Motion: If the defendant's income falls below a certain level, they may file this motion to claim an exemption based on their inability to pay their debts. This allows the court to consider their financial situation when determining whether their funds should be subjected to garnishment. 4. Idaho Code § 11-606 Motion: This motion can be filed when a defendant believes that the amount being garnished exceeds the allowable limit under Idaho law. It challenges the garnishment based on the argument that the garnished amount is excessive and violates their rights. 5. Idaho Code § 11-607 Motion: In cases where the defendant has filed for bankruptcy, this motion can be used to challenge the garnishment. Bankruptcy proceedings have specific rules regarding garnishments, and the defendant can seek protection under these rules. When filing any of these motions, defendants must include a Notice of Motion — Funds Exempt by Law from Garnishment, which notifies the court and the plaintiff that they are seeking to challenge the garnishment based on specific exemptions granted by Idaho law. It is important for defendants to consult with an experienced attorney to understand their rights and navigate the legal process effectively. By filing a Motion to Discharge or Quash a Writ of Garnishment and providing a strong argument supported by relevant Idaho statutes, defendants have the opportunity to protect their exempt funds and secure financial stability.
