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."
South Dakota Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In South Dakota, if you find yourself facing a writ of garnishment, you have the right to file a Motion to Discharge or Quash the writ, particularly if you believe that the funds being targeted by the garnishment are exempt by law. This motion allows defendants to challenge the validity of the garnishment and protect certain funds from being seized by creditors. Understanding this legal process is crucial for anyone in South Dakota dealing with garnishment actions. There are several types of Motion to Discharge or Quash Writ of Garnishment that are commonly seen in South Dakota. Some significant types include: 1. Motion to Discharge Writ of Garnishment: This motion is filed when the defendants feel that the writ of garnishment is improper, invalid, or was executed without proper legal authority. Defendants may argue that the garnishment violates their rights or that the creditor failed to follow the correct legal procedure. 2. Motion to Quash Writ of Garnishment: This motion is utilized when defendants believe that their funds are exempt from garnishment based on specific laws or exemptions granted by the state. Exempt funds can include Social Security benefits, certain retirement accounts, unemployment benefits, child support payments, and public assistance funds, among others. By filing this motion, defendants aim to protect these funds from being taken by creditors. 3. Notice of Motion — Funds Exempt by Law from Garnishment: Defendants who assert that the funds being targeted by the garnishment are exempt from seizure can file a Notice of Motion to notify both the court and the creditor regarding the protected funds. This notice alerts all parties involved that specific funds qualify for exemption under state laws. Taking legal action with a Motion to Discharge or Quash Writ of Garnishment is a vital step for defendants in South Dakota seeking to protect their exempt funds or challenge the validity of the garnishment order. By understanding the different types of motions available and consulting with an experienced attorney, defendants can navigate the legal process more effectively and assert their rights.
