Section 35-12-10 - Garnishment; public officer as garnishee

A. No public officer of the state or any of its political subdivisions shall be summoned in his official capacity as a garnishee in a civil action in the magistrate court to answer for wages or salaries due to a public officer or employee unless the plaintiff has a judgment in the action against the defendant. Under this condition, wages and salaries due public officials and employees are subject to garnishment. B. This section does not prevent any available claim of exemption from garnishment. C. As provided in this section, when any public officer is summoned as garnishee in a civil action in the magistrate court, his answer shall be by statement over his official signature of the amount due the defendant and the statement shall be filed in the action without cost. History: 1953 Comp., § 36-14-8, enacted by Laws 1968, ch. 62, § 140. ANNOTATIONSCross references. — For service of writs of garnishment on state employees, see 38-1-17 NMSA 1978. Injunction in aid of garnishment not allowed. — Injunction would not lie against the state highway commission [state transportation commission] and members thereof and the state highway engineer (secretary of transportation), the state

allowed. — Injunction would not lie against the state highway commission [state transportation commission] and members thereof and the state highway engineer (secretary of transportation), the state auditor and treasurer, to restrain them from paying a contractor, pending the efforts of a creditor of such contractor to procure a judgment at law in order that he might summon such officials as garnishees, it being in effect an action against the state. Looney v. Stryker, 1926-NMSC-037, 31 N.M. 557, 249 P. 112. Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 78 to 84. Right of municipal corporation to waive immunity from garnishment, 2 A.L.R. 1586. Constitutionality of statute authorizing garnishment of salary or wages of public officials or employees, 22 A.L.R. 760, 123 A.L.R. 903. County as subject to garnishment, 60 A.L.R. 823. Municipal funds and credits as subject to garnishment on judgments against municipality, 89 A.L.R. 863. Redemption money in hands of officer as subject to garnishment, 94 A.L.R. 1049. 38 C.J.S. Garnishment §§ 26, 39 et seq.