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 Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal process in Virginia that allows a defendant to request the court to release or cancel a writ of garnishment, which is a legal order that allows the plaintiff to collect money owed by the defendant by seizing funds from their bank accounts or wages. In this case, the defendant seeks to have the writ discharged or quashed based on funds that are exempt from garnishment under Virginia law. There are different types of Virginia Motions of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment based on various exemptions available under the law. These exemptions protect certain funds from being seized to satisfy a debt. Some common exemptions include: 1. Exemption for Social Security Benefits: Social Security benefits are generally exempt from garnishment in Virginia. If the defendant demonstrates that the funds being targeted for garnishment are solely comprised of Social Security benefits, they can request the court to discharge or quash the writ. 2. Exemption for Public Assistance Benefits: Certain public assistance benefits such as Temporary Assistance for Needy Families (TANK), Supplemental Nutrition Assistance Program (SNAP), and General Relief payments may also be exempt from garnishment. The defendant can seek discharge or quashing of the writ if the funds being garnished are categorized as exempt public assistance benefits. 3. Exemption for Unemployment Compensation: Unemployment compensation benefits may also be protected from garnishment under Virginia law. The defendant can file a motion to discharge or quash the writ if the funds being targeted for garnishment are comprised solely of unemployment compensation. 4. Exemption for Veterans' Benefits: Various veterans' benefits, such as disability compensation and pension payments, are often exempt from garnishment. A defendant can request the court to discharge or quash the writ if the funds being garnished originate from qualifying veterans' benefits. It is crucial for the defendant to provide detailed and convincing evidence proving that the funds subject to garnishment fall under one of these exempt categories. Filing the Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment ensures that the defendant's rights are protected and that they are not subjected to undue financial hardship by the garnishment process.
