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."
Missouri Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Missouri, individuals facing garnishment may file a Motion to Discharge or Quash a Writ of Garnishment and provide notice of their intent to protect funds that are exempt by law from garnishment. This process allows the defendant to challenge the garnishment and preserve certain funds that they are legally entitled to keep. Types of Missouri Motions to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. Missouri Motion to Discharge Writ of Garnishment: This motion is filed by the defendant to request the court to dismiss or terminate the writ of garnishment, stating valid reasons for discontinuing or halting the collection process. The defendant may argue that the garnishment is improper or that their funds are exempt from garnishment by law. 2. Missouri Motion to Quash Writ of Garnishment: This motion is similar to the motion to discharge, but instead of requesting termination, the defendant seeks to void the writ of garnishment altogether. The defendant may present evidence or legal arguments suggesting that the garnishment is fundamentally flawed or invalid. 3. Missouri Notice of Motion — Funds Exempt by Law from Garnishment: Alongside the motion to discharge or quash, the defendant must also provide a notice identifying specific funds that are exempt by law from garnishment. These exempt assets typically include certain types of income, such as Social Security benefits, disability benefits, public assistance, or pensions. The defendant must accurately describe the protected funds and provide supporting documentation, such as bank statements or proof of income, to substantiate their claim. Key Considerations for Missouri Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment: 1. Legal Representation: Defendants may benefit from seeking legal advice or representation when filing a motion or notice regarding garnishment. An experienced attorney can provide guidance, analyze exemptions, and help present a compelling case to protect exempt funds. 2. Timelines and Deadlines: It is crucial to adhere to Missouri's specific timelines and deadlines when filing motions or notices related to garnishment. Failure to meet these requirements may result in forfeiting the opportunity to challenge garnishment or protect exempt funds. 3. Documentation and Evidence: To successfully discharge or quash a writ of garnishment and preserve exempt funds, defendants must gather and present all necessary documents and evidence supporting their claim. These may include bank statements, benefit stubs, award letters, or any relevant legal documents establishing exemptions. 4. Court Hearing: Once the motion and notice are filed, the court will review the defendant's arguments and determine whether the garnishment should be discharged, quashed, or allowed to proceed. Defendants may have to attend a hearing to present their case effectively. By understanding the different types of motions available and following the proper procedures, defendants in Missouri can take appropriate steps to protect their exempt funds from garnishment. Seeking professional legal advice is strongly encouraged for individuals facing garnishment to ensure the best possible outcome in their case.
