Kentucky Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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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."

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FAQ

How to Stop Wage Garnishment in Kentucky? Pay the Debt and Avoid the Suit. ... Respond to the Creditor's Demand Letter. ... Seek State-Specific Remedies. ... Get Debt Counseling. ... Object to the Garnishment. ... Attend the Objection Hearing and Negotiate If Necessary. ... Appeal to the Court in Kentucky. ... Continue Negotiating.

The government limits the amount of your disposable earnings that can be garnished from each of your paychecks. Most creditors can't take more than 25% of your disposable earnings or the amount by which your income that exceeds 30 times the federal minimum wage, whichever is less.

While states are free to impose stricter limits, Kentucky's law is the same as federal law. On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.

Military pay and veterans benefits are also protected from commercial garnishment but can be garnished for court-ordered child and spousal support. Supplemental Security Income (SSI) is the only federal benefit that is protected from any type of wage garnishment.

If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

While states are free to impose stricter limits, Kentucky's law is the same as federal law. On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.

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Kentucky Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment