Title 18, Chapter 4, Section 21
( 18-4-21)
(a) Money due officials or employees of a municipal corporation or
county of this state or of the state government, or any department
or institution thereof, as salary for services performed for or on
behalf of the municipal corporation or county of this state, or the
state, or any department or institution thereof, shall be subject to
garnishment, except in no event may the officials' or employees'
salary for services performed for or on behalf of any municipal
corporation or county of this state, or the state, or any department
or institution thereof, be garnisheed where the judgment serving as
a basis for the issuance of the summons of garnishment arises out of
the liability incurred in the scope of the officials' or employees'
governmental employment while responding to an emergency. In such
cases, the summons shall be directed to such political entity and
served upon the person authorized by law to draw the warrant on the
treasury of the government or to issue a check for such salary due,
or upon the chief administrative officer of the political
subdivision, department, agency, or instrumentality; and such entity
is required to answer the summons in accordance with the mandate
thereof and as provided by this chapter. (b) For purposes of this Code section only, the state and its
political subdivisions, departments, agencies, and instrumentalities
shall be deemed private persons; and jurisdiction for the purpose of
issuing a summons of garnishment shall be restricted to a court
located in the county in which the warrant is drawn on the treasury
of the government or in which the check is issued for the salary due
the official or employee of the state or its political subdivisions,
departments, agencies, or instrumentalities. |