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 "West Virginia Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment" is a legal document filed by a defendant in a garnishment proceeding in West Virginia. This motion aims to request the court to discharge or quash the writ of garnishment, arguing that certain funds should be deemed exempt from garnishment based on specific legal protections. In West Virginia, there are several types of motions related to the discharge or quashing of a writ of garnishment. These may include: 1. Motion to Discharge/Quash Writ of Garnishment: This motion requests the court to eliminate or cancel the writ of garnishment, claiming that it was improperly issued, serves no valid purpose, or violates the defendant's rights. 2. Motion to Discharge/Quash Writ of Garnishment — Funds Exempt by Law: This motion argues that specific funds are protected by state or federal laws, rendering them exempt from garnishment. It asserts that the defendant's financial resources meet the criteria for protection, such as Social Security benefits, retirement funds, certain public benefits, or other exempt assets. 3. Motion to Discharge/Quash Writ of Garnishment — Incorrect Amount or Errors: This motion asserts that the amount being garnished is incorrect, or that there are errors or discrepancies in the calculation of the garnishment. It seeks to correct any inaccuracies that may have arisen during the garnishment process. 4. Motion to Discharge/Quash Writ of Garnishment — Statute of Limitations: This motion contends that the statute of limitations for enforcing the debt through garnishment has expired. It argues that the creditor's right to collect the debt through this means has lapsed due to the passage of time. 5. Motion to Discharge/Quash Writ of Garnishment — Lack of Jurisdiction: This motion claims that the court lacks the jurisdiction to enforce the writ of garnishment against the defendant. It challenges the authority of the court to bind the defendant and enforce the garnishment order. It is essential to ensure that the proper motion is filed based on the specific circumstances of the case. Consulting with a qualified attorney is highly recommended determining the most appropriate motion and to comply with all relevant legal requirements in West Virginia.
