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 "Pennsylvania Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment" is a legal document filed by a defendant in a garnishment case in Pennsylvania. This motion can be used to challenge a writ of garnishment and request the release of funds that are exempt from garnishment under state law. In Pennsylvania, there are several types of motions that a defendant can file to discharge or quash a writ of garnishment. These motions may include: 1. Motion to Discharge Writ of Garnishment: This motion seeks to completely invalidate the writ of garnishment, arguing that it was improperly issued or that the defendant's exemptions were not properly considered. 2. Motion to Quash Writ of Garnishment: This motion aims to cancel or suspend the writ of garnishment, asserting legal grounds such as procedural errors, lack of jurisdiction, or an unlawful intent to harass the defendant. 3. Motion to Release Funds Exempt by Law from Garnishment: This motion is filed to request the release of funds that are exempt from garnishment under Pennsylvania law. The defendant must demonstrate that the funds in question fall under the exempted categories, such as certain retirement benefits, Social Security payments, public assistance, or disability benefits. When filing a Pennsylvania Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is crucial to provide detailed supporting evidence, legal arguments, and references to the specific exemptions under Pennsylvania law that apply for the funds in question. By utilizing relevant keywords such as "Pennsylvania," "Motion," "Defendant," "Discharge," "Quash," "Writ of Garnishment," "Notice of Motion," and "Funds Exempt by Law from Garnishment," the content of this legal document can be optimized to accurately address the defendant's request for the release or protection of exempt funds in a Pennsylvania garnishment case.
