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."
Title: Understanding the Indiana Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Keywords: Indiana motion, defendant, discharge, quash, writ of garnishment, notice of motion, funds exempt, law, garnishment. Introduction: The Indiana Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion play a crucial role in protecting individuals' funds from being seized through garnishment. This detailed description explores the different aspects of these motions, their purpose, and the funds exempted by law from garnishment in Indiana. 1. Overview of the Indiana Motion of Defendant to Discharge or Quash Writ of Garnishment: The Indiana Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal procedure initiated by the defendant to challenge the garnishment order, ensuring their financial resources are protected from seizure. This motion aims to secure fair treatment and prevent excessive loss for the defendant. 2. Purpose and Importance of the Notice of Motion: The Notice of Motion is an integral part of the process, as it serves as a formal notification to all relevant parties involved in the garnishment case. It informs them about the defendant's intention to discharge or quash the writ of garnishment, providing an opportunity for each party to present their arguments before the court. 3. Different Types of Indiana Motion of Defendant to Discharge or Quash Writ of Garnishment: a. Motion to Discharge Writ of Garnishment: This motion requests the court to annul the writ of garnishment, stating valid legal reasons. It seeks to convince the court that the garnishment order should not remain in effect due to specific circumstances of the case. b. Motion to Quash Writ of Garnishment: This motion seeks to invalidate the writ of garnishment altogether, typically on grounds of improper or defective service, lack of jurisdiction, or other procedural issues. Its purpose is to challenge the legality and validity of the garnishment proceedings. 4. Funds Exempt by Law from Garnishment in Indiana: While garnishment allows creditors to collect debts, several categories of funds are legally exempt from seizure in Indiana. These exempted funds provide essential protection for individuals' basic needs. Some keywords relevant to these exemptions include: a. Wage Exemptions: Indiana law limits the amount of an individual's income that can be garnished, ensuring they have sufficient funds for living expenses. b. Public Benefits: Certain public assistance benefits, such as Social Security, unemployment compensation, disability benefits, and veterans' benefits, are generally exempt from garnishment. c. Retirement Funds: Funds held in various types of retirement accounts, like pensions, 401(k)s, IRAs, are often protected from garnishment. d. Child Support and Spousal Maintenance: Garnishment cannot seize funds received as child support or spousal maintenance payments. e. Wildcard Exemptions: Indiana law also provides a wildcard exemption, allowing individuals to protect a specific amount of personal property from garnishment, irrespective of its purpose or nature. Conclusion: Understanding the Indiana Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion is crucial for individuals who seek to safeguard their financial resources from garnishment. These motions provide an opportunity to challenge the garnishment order and protect funds exempted by Indiana law, ensuring individuals can meet their basic needs and sustain their financial stability.
