Michigan 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

Hear this out loud PauseIt is valid for 91 days or until the judgment, interest and costs are paid off, whichever occurs first. As such, the garnishment will continue each pay period for the 91 days or until the debt is paid off.

Hear this out loud PauseBank accounts solely for government benefits Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would not be subject to garnishment.

Generally, money from these sources cannot be garnished: Social Security benefits and disability payments. Supplemental Security Income (SSI) payments. Veterans' Benefits.

A writ of non-periodic garnishment is in effect for 182 days. This means the non-periodic garnishment expires on the 183rd day after the court issued it. After that you must request another writ of garnishment to keep collecting this way. It can only be used once; it expires when it is used.

Limits on Wage Garnishment in Michigan up to 25% of your disposable earnings or. the amount of your disposable earnings that's more than 30 times the federal minimum wage, which is $217.50 (2021 figure).

You must file your objection with the court within 14 days of getting the notice of garnishment to stop the garnishment. For more information, read the instructions in I'm Being Garnished for a Debt That Is Not Child Support.

Hear this out loud PauseFiling your Objection You must file your objection with the court within 14 days of getting the notice of garnishment to stop the garnishment. For more information, read the instructions in I'm Being Garnished for a Debt That Is Not Child Support.

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