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."
The Virgin Islands Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal process utilized by defendants in the Virgin Islands to oppose or invalidate a writ of garnishment. This motion aims to exempt certain funds from being subject to garnishment according to the law. Here is a detailed description of this legal procedure, highlighting its purpose and possible types: The Motion of Defendant to Discharge or Quash Writ of Garnishment is a formal request submitted by the defendant or their legal representative to the court. This motion seeks to dismiss or annul the writ of garnishment issued against them. By filing this motion, the defendant argues that the garnishment is unjust or improperly executed. The Notice of Motion — Funds Exempt by Law from Garnishment is an additional document that accompanies the motion. This notice is employed to inform the court about specific funds that the defendant believes should be exempt from garnishment due to legal protections. Keywords: Virgin Islands, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, Funds, Exempt, Law, Garnishment. Different types of Virgin Islands Motions of Defendant to Discharge or Quash Writ of Garnishment and Notices of Motion — Funds Exempt by Law from Garnishment may include: 1. General Motion to Discharge or Quash Writ of Garnishment: This type of motion is commonly used when the defendant challenges the legality, accuracy, or fairness of the garnishment order as a whole. 2. Specific Motion to Discharge or Quash Writ of Garnishment: This motion addresses particular aspects or claims made in the garnishment order, focusing on specific reasons why it should be invalidated or dismissed. 3. Motion to Exempt Funds by Law from Garnishment: In this motion, the defendant seeks to demonstrate that certain funds or assets are protected by law and should be exempt from garnishment. Examples of such exemptions may include Social Security benefits, retirement funds, public assistance, or disability payments. 4. Motion to Discharge or Quash Writ of Garnishment — Unlawful Execution: If the defendant believes that the garnishment order was executed improperly or unlawfully, they may file this motion to request its annulment or discharge. 5. Motion to Discharge or Quash Writ of Garnishment — Financial Hardship: In cases where the defendant can demonstrate severe financial hardship resulting from the garnishment, this motion requests relief by discharging or quashing the writ. The defendant may provide evidence and documentation that the garnishment is causing undue financial strain. It is crucial to consult legal professionals or attorneys experienced in Virgin Islands law to navigate the specific requirements, procedures, and possible types of motions in the jurisdiction.
