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: Montana Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Keyword-rich Description: In Montana, a Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal document that can be filed to challenge a garnishment order issued against a defendant. This comprehensive description dives into the different types of motions available and focuses on the Notice of Motion for Funds Exempt by Law from Garnishment. 1. Types of Montana Motions to Discharge or Quash Writ of Garnishment: — General Motion: This motion allows defendants to request the court's intervention to halt or dismiss a writ of garnishment, outlining legitimate reasons and legal grounds vital to their case. — Motion Based on Exempt Funds: Defendants can file this specific motion if they believe that the funds subject to garnishment are protected by Montana laws, exempting them from being seized to satisfy a debt. 2. Notice of Motion — Funds Exempt by Law from Garnishment— - Introduction: This document serves as a notice to both the court and the creditor/plaintiff that the defendant intends to assert their claim that the funds in question are exempt under Montana law from garnishment. — Identifying Information: The Notice of Motion includes details of all involved parties, court case number, and specific information about the garnished funds. — Grounds for Exemption: Defendants must clearly outline the legal basis and statutory authority for their claim, presenting evidence that supports their position of exemption under Montana law. — Supporting Documentation: Defendants should attach any necessary supporting documents, such as bank statements, pay stubs, or affidavits that demonstrate the exempt nature of the funds. — Requested Relief: The Notice of Motion concludes with a clear statement of what the defendant is seeking, typically the discharge or quashing of the writ of garnishment on the grounds of exempt funds. It's important to note that this description focuses on the general principles revolving around Montana's Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion for Funds Exempt by Law from Garnishment. Always consult with a legal professional to ensure accurate interpretation and adherence to the specific statutes and rules applicable to your situation in Montana.
