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."
Title: Understanding Tennessee Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment Introduction: In Tennessee, individuals who are facing a writ of garnishment can file a motion to discharge or quash the writ. This legal action aims to protect certain funds that are protected by law from being garnished. In this article, we will explore the different types of Tennessee motions filed by defendants to discharge or quash a writ of garnishment, specifically focusing on the funds that are exempt from garnishment. Types of Tennessee Motions to Discharge or Quash Writs of Garnishment: 1. Tennessee Motion to Discharge Writ of Garnishment: A motion to discharge a writ of garnishment is typically initiated by the defendant, asserting that the garnishment should be nullified for certain reasons such as procedural errors, improper service, or lack of jurisdiction. The defendant can argue that the garnishment is unjust and request the court to release them from the financial restraint imposed by the garnishment order. 2. Tennessee Motion to Quash Writ of Garnishment: A motion to quash a writ of garnishment is similar to a motion to discharge, but with a focus on dismissing the writ entirely. Defendants may file this motion when they believe the garnishment is being pursued unlawfully or improperly. By requesting the court to quash the writ, defendants aim to prevent any further collection efforts on their assets. Notice of Motion — Funds Exempt by Law from Garnishment: When filing either a motion to discharge or a motion to quash a writ of garnishment, defendants can also include a Notice of Motion regarding funds exempt from garnishment. This notice informs the court that certain funds or property are protected by law and should not be subject to garnishment. It ensures that the defendant's rights regarding exempt funds are recognized. Keywords: Tennessee motion to discharge, Tennessee motion to quash, writ of garnishment, garnishment order, Notice of Motion, funds exempt from garnishment, protected by law, procedural errors, improper service, lack of jurisdiction, collection efforts, financial restraint, defendant's rights. Conclusion: Understanding the various types of Tennessee motions filed by defendants to discharge or quash a writ of garnishment is crucial when individuals want to protect their assets from garnishment. By asserting their rights, defendants can challenge the validity of the garnishment order and safeguard their funds exempt by law. It is advisable to consult with a trusted legal professional for guidance and assistance throughout this process.
