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

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US-01673BG
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Description

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

A "wage garnishment," sometimes called a "wage attachment," is an order requiring your employer to withhold a certain amount of money from your pay and send it directly to one of your creditors. In most cases, a creditor can't garnish your wages without first getting a money judgment from a court.

Notice of Entry of Judgment or Order (CIV-130) Tells the parties that a judgment has been entered in a case. Service of this notice sets the start date of important deadlines regarding the ability to set-aside or challenge the judgment. Get form CIV-130.

You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor.

Asks the court to deny a claim of exemption and set a hearing date for the court to consider whether the claimed property is exempt from collection. Is filed with the court and served to the judgment debtor and sheriff or other levying officer.

Tells the judgment debtor the hearing date, time, and location for a hearing to determine whether property is exempt from collection.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

In cases where you are unable to work out a deal with your creditors or cannot afford to pay your debts, bankruptcy is often the best solution. As soon as you file bankruptcy, any pending lawsuit or garnishment is immediately stopped.

How to make a Claim of Exemption Fill out forms. Fill out two court forms: ... File the Claim of Exemption with the levying officer. ... Wait to see if the claim is opposed. ... Reply to the opposition (if any) ... Check if your court uses tentative rulings. ... Go to the hearing.

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