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."
Nebraska Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Nebraska, individuals facing garnishment orders have the right to file a Motion to Discharge or Quash a Writ of Garnishment. This legal motion allows the defendant to challenge the validity of the garnishment and protect their funds from being seized by a creditor. Keywords: Nebraska, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds Exempt by Law, Garnishment. Types of Nebraska Motion of Defendant to Discharge or Quash Writ of Garnishment: 1. Motion to Discharge Writ of Garnishment: This motion requests the court to dismiss or release an existing writ of garnishment, which aims to collect a debtor's funds to satisfy a debt. 2. Motion to Quash Writ of Garnishment: This motion seeks to invalidate or nullify a writ of garnishment by presenting legal arguments, evidence, or procedural errors that challenge the legality or validity of the garnishment order. 3. Notice of Motion — Funds Exempt by Law from Garnishment: When a defendant believes that their funds are exempt from garnishment due to specific legal protections, they can file a Notice of Motion to inform the court about these exemptions. The notice aims to safeguard funds that are legally protected from being garnished under Nebraska state law. It's important to note that the specific requirements, procedures, and eligibility for filing a Motion to Discharge or Quash a Writ of Garnishment vary depending on Nebraska state law and individual circumstances. Seeking legal counsel or referring to relevant Nebraska statutes is advisable to ensure proper compliance and maximize the chances of a successful motion.
