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."
Maine's Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment provides a legal avenue for defendants to challenge or terminate the enforcement of a writ of garnishment on the grounds that the funds being targeted are protected by exemptions prescribed by the law. In Maine, there are several types of motions that a defendant can file to discharge or quash a writ of garnishment: 1. Motion to Discharge: This motion seeks to completely terminate the garnishment action, arguing that the writ was improperly obtained or that the defendant qualifies for exemptions based on specific circumstances. The defendant must provide relevant evidence and legal arguments supporting the motion. 2. Motion to Quash: This motion aims to temporarily suspend the garnishment action until the court resolves certain legal issues or until the defendant presents evidence of exemptions. It challenges the legality of the writ or claims that the defendant is entitled to protected funds under applicable exemptions. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice serves to inform the court and other parties involved that the defendant intends to rely on specific exemptions provided by law to protect certain funds from garnishment. It is an essential document accompanying the motion and should clearly state which funds are exempt and the specific statutory provisions supporting the exemption claim. Keywords for this topic might include: Maine, motion, defendant, discharge, quash, writ of garnishment, notice of motion, funds exempt by law, exemptions, legal, protection. Overall, these motions and notices allow defendants to assert their rights under Maine law, by challenging the validity of a garnishment writ or claiming protection for specific funds that are exempt from garnishment. It is crucial for defendants to consult with an attorney or legal expert experienced in Maine's garnishment laws to properly prepare and file these motions, ensuring the best chance for a successful outcome.
