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."
A New Hampshire Motion of Defendant to Discharge or Quash the Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment serves as a legal document that allows a defendant to challenge or dispute the garnishment of their funds. This motion is typically filed when the defendant believes that certain funds are exempt from garnishment under relevant laws. In New Hampshire, there are different types of motions related to the discharge or quashing of a writ of garnishment, depending on the specific circumstances. These may include: 1. Motion to Discharge Writ of Garnishment: This motion is filed when the defendant believes that the writ of garnishment should be completely discharged. The defendant provides reasons, evidence, or legal arguments to support their claim that the garnishment should not proceed. 2. Motion to Quash Writ of Garnishment: This motion is used when the defendant seeks to challenge the validity or legality of the writ of garnishment itself. The defendant may argue that the writ was not properly served, lacks essential information, or violates their rights in some way. 3. Motion to Exempt Funds from Garnishment: This motion is aimed at identifying specific funds or assets that are exempt from garnishment under New Hampshire law. The defendant lists these exempt funds and provides evidence that demonstrates their protected status. When filing a New Hampshire Motion of Defendant to Discharge or Quash the Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is crucial to use relevant keywords that accurately describe the nature of the motion. Keywords that could be used may include "motion to discharge," "motion to quash," "writ of garnishment," "notice of motion," "defendant," "exempt funds," "garnishment laws," and "New Hampshire." These keywords help ensure that the motion is appropriately categorized and easily identifiable by the court and involved parties.
