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."
Vermont Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In the state of Vermont, defendants have the option to file a Motion to Discharge or Quash a Writ of Garnishment in order to contest the validity or enforceability of a garnishment order. This motion is essential to protect funds that are exempt from garnishment under Vermont law. A Vermont Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment serves as a legal document through which a defendant challenges the garnishment. By filing this motion, the defendant can argue that the garnishment is improper, unjust, or that the funds being targeted are exempt from garnishment based on the laws of Vermont. There are several types of Vermont Motions of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment individuals may file: 1. Motion to Discharge or Quash Writ of Garnishment: This motion challenges the validity of the writ of garnishment itself. Defendants typically claim that there are defects in the original order, such as improper service or lack of jurisdiction. 2. Motion to Discharge or Quash based on Exempt Funds: This motion asserts that the funds being garnished are exempt by law from garnishment. Vermont's law provides certain protections for specific types of income or assets, such as Social Security benefits, workers' compensation, unemployment benefits, and other exemptions. 3. Motion to Discharge or Quash based on Insufficient Debt: Defendants may file this motion when they believe the amount being garnished is disproportionate to the debt owed. They can argue that the garnishment order exceeds what is necessary to satisfy the owed amount. 4. Motion to Discharge or Quash based on Prior Satisfaction: In cases where the defendant has already fulfilled their financial obligations, they may file a motion stating that the debt has been paid in full. This demonstrates that the garnishment order should no longer be in effect. To file a Motion to Discharge or Quash a Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, the defendant must complete the necessary legal forms, provide supporting documentation, and serve copies to all relevant parties involved. It is crucial to follow the appropriate procedures and deadlines set by the Vermont court system. By understanding the different types of Vermont Motions to Discharge or Quash a Writ of Garnishment and exercising their rights to protect exempt funds, defendants can effectively challenge and potentially stop the garnishment process in Vermont. Consulting with an experienced attorney is advisable to navigate the complexities of the legal system and ensure the best possible outcome.
