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 Utah Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document that seeks to protect certain funds from being garnished by a creditor. When a person owes a debt and fails to make payments, the creditor may go to court and obtain a writ of garnishment, allowing them to collect the owed amount directly from the debtor's wages, bank accounts, or other assets. However, there are certain funds that are exempt from garnishment under Utah law, and this motion allows the defendant to assert their right to exempt these funds from being taken by the creditor. The motion serves as a formal request to the court to discharge or quash the writ of garnishment, effectively preventing the creditor from collecting the exempt funds. Keywords: Utah, Motion, Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds, Exempt, Law, Garnishment. There are different types of Utah Motions of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, including: 1. Motion to Discharge/Writ of Garnishment: This motion is filed by the defendant to request the court to discharge the writ of garnishment, stating that the creditor is attempting to garnish funds that are exempt by law. The defendant provides evidence and arguments supporting their claim for exemption. 2. Motion to Quash/Writ of Garnishment: This motion is similar to the motion to discharge but seeks to quash the writ of garnishment. The defendant contends that the writ is invalid or not properly served, and therefore, should be declared void by the court. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This is a notice given to the court and the creditor, informing them that the defendant intends to file a motion to discharge or quash the writ of garnishment. The notice outlines the specific funds being claimed as exempt and provides a brief explanation of the legal basis for the exemption. Overall, these motions and notices aim to protect individuals from having their exempt funds taken by creditors through the garnishment process, ensuring their financial stability and adherence to Utah's laws regarding garnishment.
