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."
A Maryland Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document that can be submitted by a defendant in a garnishment case to request the dismissal or cancellation of a garnishment order. This motion is specifically focused on seeking protection for funds that are exempt from garnishment as per Maryland law. Some relevant keywords to include in the content are: 1. Maryland Writ of Garnishment: A legal process that allows a creditor to collect the debt owed by a debtor by seizing funds from their bank account or wages. 2. Motion to Discharge or Quash: A formal request to the court to dismiss or cancel a writ of garnishment, providing legal grounds and arguments for doing so. 3. Defendant: The individual or entity against whom the garnishment is being sought. In this case, the defendant is the party submitting the motion. 4. Notice of Motion: A written notification provided to the court and opposing parties, informing them about the motion being filed and the upcoming hearing or resolution date. 5. Funds Exempt by Law from Garnishment: Refers to certain types of income or assets that are protected from garnishment under Maryland law. Examples may include social security benefits, certain pensions, and public assistance funds. Types of Maryland Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment may include: 1. Exemption-based Motion: A motion filed by a defendant to assert that the funds subject to garnishment fall within the categories designated as exempt from garnishment under Maryland law. 2. Insufficient Notice Motion: A motion filed when the defendant believes that they did not receive proper or timely notice of the garnishment proceedings, which is a requirement under Maryland law. 3. Procedural Errors Motion: A motion filed when there are noticed errors or irregularities in the garnishment process, such as errors in the computation of amounts, failure to follow proper procedures, or incorrect legal basis for the garnishment. In conclusion, a Maryland Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal tool available to defendants to challenge the garnishment order and protect funds that are exempt from garnishment under Maryland law.
