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."
Title: Mississippi Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Introduction: The Mississippi Motion of Defendant to Discharge or Quash Writ of Garnishment serves as a legal request to stop or eliminate a writ of garnishment. This motion allows individuals to protect specific funds or income that are exempt by law from being subjected to garnishment. Various scenarios can lead to the filing of these motions, and understanding the different types of motions is crucial for legal clarity. Keywords: Mississippi, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law, Garnishment. 1. Overview of the Motion: The Mississippi Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal document filed by the defendant, aiming to prevent the enforcement of a previously issued writ of garnishment. This motion is typically based on grounds that certain funds or income are protected by law and therefore exempt from garnishment. 2. Types of Mississippi Motions of Defendant to Discharge or Quash Writ of Garnishment: a) Motion to Discharge Writ of Garnishment: This type of motion requests the court to discharge the existing writ of garnishment due to valid exemptions under Mississippi law. The defendant must provide evidence of the exempt status of the funds or income. b) Motion to Quash Writ of Garnishment: This motion seeks to nullify a writ of garnishment issued against the defendant. It is generally utilized when the writ itself is defective or if the creditor failed to follow proper legal procedures. 3. Grounds for Filing the Motion: a) Funds Exempt by Law: The defendant may assert that the garnished funds or income falls under Mississippi's protected categories, rendering them exempt from garnishment. Common examples of exempt funds include certain social security benefits, public assistance benefits, retirement funds, and specific types of wages. b) Procedural Violations: The defendant can challenge the writ of garnishment if a procedural error or violation has occurred during the garnishment process. This may include improper service, lack of notice, or failure to comply with other legal requirements. 4. Notice of Motion: In conjunction with the motion, the defendant must file a Notice of Motion to inform all parties involved about the intent to seek discharge or quashing of the garnishment writ. This notice is served to the creditor, the court, and any other relevant parties. 5. Legal Representation: Navigating the complexities of filing a Motion of Defendant to Discharge or Quash Writ of Garnishment can be challenging. It is highly recommended that defendants seek legal counsel experienced in Mississippi law to ensure proper filing, documentation, and representation throughout the process. Conclusion: The Mississippi Motion of Defendant to Discharge or Quash Writ of Garnishment provides defendants with an opportunity to protect funds or income exempt by law from being subjected to garnishment. Understanding the different types of motions available allows defendants to assert their rights and seek remedies when faced with potentially improper garnishments. Legal expertise is crucial to effectively navigate the complex legal landscape and ensure the best possible outcomes for the defendant.
