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

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US-01673BG
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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

Federal Rule of Civil Procedure 69(a) provides that the procedure to execute on a money judgment ?must with the procedure of the state where the court is located.? Thus, after winning a civil judgment, a judgment creditor will use state law procedures in supplemental federal proceedings to collect the award.

In ance with Rule 64 of the Federal Rules of Civil Procedure, a writ of garnishment may be issued pre- or post-judgment, ing to state law and practice. The requesting party may be required to provide an indemnity bond and an advance deposit to cover the U.S. Marshal's estimated out-of-pocket expenses.

You may request an exemption to the garnishment. You must make your request within 30 days of when the garnishment was served on the bank. Use the form Motion for Release of Property from Levy/Garnishment (DC-CV-036).

A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

The federal Consumer Credit Protection Act limits wage garnishments to 25% of an employee's take-home pay, or 30 times the federal minimum wage, whichever is less. Additionally, many states have further restrictions on wage garnishments.

You can challenge the wage garnishment by filing a motion to quash the execution. You could also file a claim of exemption with the court. However, you need to do so within ten days of receiving the notice from your employer. You can also request a hearing to present your case to the judge.

The wage garnishment provisions of the Consumer Credit Protection Act (CCPA) protect employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee's earnings that may be garnished in any one week.

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