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."
Wyoming Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment In Wyoming, a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion is a legal document filed by a defendant in response to a writ of garnishment issued against them. This motion aims to either discharge or quash the writ of garnishment, preventing the creditor from collecting funds from the defendant's accounts. There are different types of motions that can be filed in Wyoming under this category, including: 1. Motion to Discharge Writ of Garnishment: This motion is filed when the defendant believes there are valid grounds to have the writ of garnishment discharged. Valid grounds may include improper service, lack of jurisdiction, or errors in the garnishment process. The defendant must provide evidence and arguments to support their claim for discharge. 2. Motion to Quash Writ of Garnishment: This motion is filed when the defendant believes the writ of garnishment should be quashed entirely. This motion typically argues that the underlying judgment or debt is invalid, the garnishment is improper, or the defendant is exempt from garnishment under Wyoming state law. The defendant must present relevant evidence and legal arguments to support their request for the writ to be quashed. 3. Motion — Funds Exempt by Law from Garnishment: This motion is specifically focused on claiming exemption of certain funds from being subject to garnishment. Wyoming's law provides exemptions for certain types of funds, such as wages, public assistance benefits, retirement funds, and certain personal property. The defendant must demonstrate that the funds being garnished fall within the protected exemptions, citing the specific Wyoming statutes that support their claim. When filing a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion, it is crucial to include relevant keywords and citations to Wyoming laws to ensure the court understands the legal basis for the motion. Additionally, it is vital to provide detailed arguments, supporting evidence, and any necessary affidavits to strengthen the motion and increase the chances of a successful outcome for the defendant.
