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."
North Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Description: In North Carolina, when a defendant receives a Writ of Garnishment, they have the right to file a Motion to Discharge or Quash the writ and protect certain funds that are exempt from garnishment by law. This motion is vital in ensuring that defendants' essential resources remain untouchable and allow them to maintain their basic needs. Keywords: — North Carolina Motion of Defendant to Discharge — Quash Wrigarnishmenten— - Notice of Motion — Funds Exempt by La— - Garnishment Exemptions in North Carolina — Protecting Assets froGarnishmenten— - Legal Rights of Defendants in Garnishment Cases Types of North Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment: 1. Motion to Discharge: This type of motion is filed when the defendant believes that the garnishment was issued improperly or inaccurately. It seeks to challenge the validity of the writ and request its dismissal. 2. Motion to Quash: This motion is used to contest the enforcement of the garnishment altogether. It argues that the garnishment order should be canceled due to specific legal grounds, such as procedural errors, improper service, or lack of jurisdiction. 3. Notice of Motion: Defendants must provide a formal notice to the court and all parties involved when filing a Motion to Discharge or Quash Writ of Garnishment. This document serves as a communication tool, ensuring transparency and adherence to legal procedures. 4. Funds Exempt by Law: This refers to the types of funds that cannot be garnished according to North Carolina law. Examples of exempt funds include certain government benefits (like Social Security or disability payments), child support, spousal support, and specific retirement accounts. 5. Garnishment Exemptions in North Carolina: North Carolina law grants several exemptions that protect certain assets from garnishment. These exemptions vary based on income levels, familial status, and specific circumstances. Understanding these exemptions is crucial when filing a motion to discharge or quash a writ of garnishment. Note: It is important to consult with a qualified attorney to better understand the specific laws and procedures regarding the motion to discharge or quash a writ of garnishment in North Carolina.
