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

Category:
Collections - Garnishment - Motions
State:
Multi-State
Control #:
US-01673BG
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Word; 
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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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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion - Funds Exempt By Law From Garnishment?

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FAQ

407, 652(b), 659 and 662(f)) LEVY AND GARNISHMENT OF BENEFITS. Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law.

Benefits That Cannot Be Garnished Social Security Benefits. Supplemental Security Income (SSI) Benefits. Veterans' Benefits. Civil Service and Federal Retirement and Disability Benefits.

If a debt collector already has a judgment against you, then they might attempt to garnish your wages. This is one of the most common methods of attempting to collect judgments in Massachusetts, which is also called ?trustee process.? A wage garnishment can be stopped by the filing of a bankruptcy case.

Fortunately, for those taxpayers that owe back taxes to a state government, states do not have the same broad collection powers as the IRS, at least when it comes to Social Security benefits. Likewise, Social Security benefits are exempt from garnishment for most types of liabilities.

Can a debt collector take my federal benefits, like Social Security or VA payments? Generally no, debt collectors aren't allowed to take money you receive from Social Security or VA directly from your bank account or prepaid card. Before that is possible, they have to take legal action and you'll be notified.

Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments. Funds received for child support or alimony (spousal support) Workers' compensation payments.

A "wage garnishment," sometimes called a "wage attachment," is an order requiring your employer to withhold a certain amount of money from your pay and send it directly to one of your creditors. In most cases, a creditor can't garnish your wages without first getting a money judgment from a court.

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.

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