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

Category:
Collections - Garnishment - Motions
State:
Multi-State
Control #:
US-01673BG
Format:
Word; 
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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

Wage Garnishments The employer is required to withhold 25% of the taxpayer's gross wages. The wage garnishment remains in effect for subsequent pay periods until the total amount of the garnishment has been withheld and remitted by the employer.

What States Prohibit Bank Garnishment? Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. ing to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.

You may apply to the court at the clerk's office shown below within twenty (20) days from any improper withholding of your wages for a motion to stop the garnishment. The court clerk identified below shall provide you with a form for making such a motion, or may have supplied a form motion on the back of this notice.

You may be able to stop it by filing a claim of exemptions. This usually works if: You have bring home less than $1,000 per paycheck. ... For a form declaration of exemptions that you can fill in and file yourself, see the Motion to Stop Wage Garnishment (with Declaration and Claim of Exemption for Wages).

Stopping Wage Garnishments You pay the tax owed. The period for collecting your tax debt ended before issuing the levy. You prove that releasing the levy will help you pay your taxes. You enter into an installment agreement whose terms don't allow for the levy to continue.

Limits on Wage Garnishment in Tennessee So, in Tennessee, a creditor 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.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

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