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: Understanding the North Dakota Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Keywords: North Dakota, motion of defendant, discharge, quash, writ of garnishment, notice of motion, funds exempt by law, garnishment, types Introduction: In North Dakota, individuals facing the enforcement of a writ of garnishment have the option to file a Motion of Defendant to Discharge or Quash the writ. This legal process allows the defendant to request the court to release or terminate the garnishment, particularly when the funds being sought are exempt from garnishment by law. Understanding this motion and its various types is essential for anyone facing garnishment in North Dakota. Types of North Dakota Motions of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion: 1. Motion to Discharge or Quash Writ of Garnishment: This motion seeks to challenge the validity of the writ of garnishment issued against the defendant. It typically argues that the garnishment procedure was flawed, illegal, or did not meet the necessary legal requirements. Defendants may file this motion to ensure fair treatment and to protect their rights. 2. Notice of Motion — Funds Exempt by Law from Garnishment: This notice of motion focuses specifically on funds that are exempt from garnishment under North Dakota law. It aims to inform the court that the funds being sought through garnishment fall within the protected categories and should, therefore, be exempt. The defendant presents evidence supporting their claim and requests the court to exclude the exempted funds from the garnishment process. Key Considerations: 1. Exempted Funds: Certain funds are protected from garnishment by law in North Dakota, including but not limited to: — Social Security and Disability benefits — Unemployment benefit— - Child support payments — Veterans' benefit— - Public assistance benefits — Retirement benefits 2. Proper Documentation: Defendants filing a motion to discharge or quash a writ of garnishment or claiming exempted funds must provide supporting documentation. This may include bank statements, benefit award letters, or other relevant documents to demonstrate the protected nature of the funds. 3. Timelines and Deadlines: It is crucial to adhere to the prescribed filing deadlines for motions in North Dakota. Failure to file within the specified timeframe may result in the forfeiture of the opportunity to challenge the garnishment. Conclusion: Facing a writ of garnishment in North Dakota can be a challenging situation, but the Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment offer individuals a legal recourse. By understanding these motions and their various types, defendants can protect their rights and seek the release or exemption of funds through the appropriate legal channels. Seeking legal advice from an attorney experienced in North Dakota garnishment laws is highly recommended for a successful outcome.
