Louisiana 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

However, filing for bankruptcy can provide an immediate stop to wage garnishment. This is due to an injunction known as the automatic stay, which comes into effect as soon as you file for bankruptcy. The automatic stay prohibits most creditors from continuing collection activities, including wage garnishment.

Filing a consumer proposal or bankruptcy will immediately issue a stay of proceedings, which stops your wages being garnished. These are legal agreements which trump the garnishment decision issued by the court.

The ways you can put a stop to a garnishee are: Negotiate repayment terms with your creditor on the condition that they agree to remove the garnishee. Obtain a loan to pay off the garnisheeing creditor in full. File with orderly payment of debts (where available).

This debt may be unpaid taxes, child support, or other debts. Certain types of income, such as Social Security and disability benefits, are exempt from garnishment. Most wage garnishments get ordered by a court judgment.

Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.

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.

When the debt has been paid in full but the notice of garnishment hasn't expired. Once the amount owed by the debtor has been paid to the creditor, the creditor must immediately serve a Notice of Termination of Garnishment [Form 20R] on the garnishee and on the clerk of the court.

If you're looking to put a stop to wage garnishment, you have four options: Repay your debt. Negotiate with your creditor. File a consumer proposal. File for bankruptcy.

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