Oklahoma Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment

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US-01673BG
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Description

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."

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FAQ

Legal Ways to Protect Your Money You can ask for an exemption to stop or lower the garnishment if: You have a family to support, and you do not have enough money to support them and pay the garnishment. Lawyers call this undue hardship.

A creditor MUST have a judgment against you before it can get a garnishment. There are two basic limits on the amount creditors can take from your wages. First, they cannot take more than 25% of your take-home pay. Second, a creditor must leave you with at least $217.50 a week or $870 a month in net (take-home) pay.

In Oklahoma, wage garnishment laws protect the same amount of wages as the federal wage garnishment laws. But Oklahoma state law also provides a hardship exemption in addition to the percentage or dollar amount protections.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing.

Under Oklahoma law, creditors can garnish the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for the week exceed 30 times the federal minimum hourly wage.

Is there anything I can do to stop the garnishment? Exempt funds or income. In Oklahoma, there are some types of money that are protected from garnishment by a creditor such as social security. ... Bankruptcy. ... One at a time (except if one of the garnishments is child support). ... Undue Hardship.

A motion to dismiss for failure to state a claim upon which relief can be granted shall separately state each omission or defect in the petition, and a motion that does not specify such defects or omissions shall be denied without a hearing and the defendant shall answer within twenty (20) days after notice of the ...

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Oklahoma Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion - Funds Exempt by Law from Garnishment