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

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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

(xiii) ?Replevin? means the procedure by which a plaintiff in a pending action to recover possession of property obtains redelivery of property claimed to be wrongfully taken or detained; (xiv) ?Financial institution? means as defined in W.S. 13-1-401(a)(ii).

Default Divorce. After the required waiting period has expired, you may obtain what is referred to as a divorce by default if the Defendant does NOT file an Answer or Answer and Counterclaim to the Complaint for Divorce.

The creditor can often place a lien on your property, such as a house or car. The lien must usually be paid off before you can sell the property. Seize assets. Sometimes, a creditor can get a court order to seize other assets or personal property you own, such as a vehicle or real estate, to satisfy the debt.

A judgment has a lifetime of 5 years from the last date of execution or date of judgment. A dormant judgments may be revived per Wyoming Statute 1-16-501 et seq. What is a Writ of Execution? and how do I obtain one?

In Wyoming, a Continuing Garnishment is effective for 90 days. Exempt Earnings: The amount of earnings of the Judgment Debtor that cannot be garnished. Garnishee(s): The person, company or other entity the Writ is being served upon; typically, the Judgment Debtor's employer or financial institution.

Satisfaction of Judgment: The document stating the Judgment Debtor has satisfied the judgment. Wyoming Statute requires this to be filed by the Judgment Creditor with the Circuit Court Clerk in order to remove the judgment from credit reports as being unpaid by the Judgment Debtor.

How long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.

Taxes and child support, however, allow greater levels of garnishment?up to 50% of a debtor's income can typically be garnished for these purposes.

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