Salaries of Public Officials or Employees.

Ala. Code tit. 6, ch. 6, art. 9, div. 6

in effect

Ala. Code § 6-6-480 “Salary” Defined.

6-6-480. “Salary” Defined. The term “salary,” as used in this division, is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division. (Acts 1923, No. 427, p. 575; Code 1923, §8090; Code 1940, T. 7, §1034.)

Ala. Code § 6-6-481 Who May Be Garnished; How Effected.

6-6-481. Who May Be Garnished; How Effected. (a) Money due officials or employees of a city, county, or state government, or any department or institution thereof, as salary for services performed for or on behalf of said city, county, or state, or any department or institution thereof, may be garnished. (b) In such cases, the writ of garnishment may be served on the person authorized by law to draw the warrant on the treasury of said government or to issue a check for such salary so due, and such person shall be required to answer said writ in accordance with the mandate thereof and as provided by law. (Acts 1923, No. 427, p. 575; Code 1923, §§8088, 8089; Code 1940, T. 7, §§1032, 1033.)

Ala. Code § 6-6-482 Writ to Issue Only After Final Judgments on Actions Ex Contractu.

6-6-482. Writ to Issue Only After Final Judgments on Actions Ex Contractu. The salary referred to in this division is not subject to a writ of garnishment in aid of a pending action, but such writ may issue only after final judgment, on which execution can issue, entered in actions on contracts or growing out of contracts express or implied and being judgments ex contractu. The judgment on which such writ can issue must be founded upon a debt, demand, or claim against said defendant which originated subsequent to September 26, 1923. The salary referred to in this division is not subject to writ of garnishment issued on judgments ex delicto. (Acts 1923, No. 427, p. 575; Code 1923, §8091; Code 1940, T. 7, §1035.)

Ala. Code § 6-6-483 Answer of State Official Garnished to Show Assent to Judgment.

6-6-483. Answer of State Official Garnished to Show Assent to Judgment. Where an official of the State of Alabama or other person designated in this division has been garnished, as provided by Section 6-6-482, and answer has been filed by said person, in accordance with the mandate of said writ, admitting that the said State of Alabama is due, or will be due, the defendant in said garnishment proceedings money for salary and has said money ready for payment when due, the said answer must also show the assent of said person that judgment may be entered in said case for the amount shown in said answer or so much thereof as may be necessary to satisfy plaintiff’s judgment. In no case shall judgment against said official or other person designated in this division as the agent of the state be entered on said answer or in said garnishment proceedings unless such assent and consent to said judgment is shown in said answer. When such final judgment is so entered, after trial of said proceedings, the said judgment shall be against the official or person returning said answer as such official or agent of the State of Alabama, as garnishee, and said judgment shall show that said official or person, as such agent of the state, consented that such judgment be entered in said garnishment proceedings. (Acts 1923, No. 427, p. 575; Code 1923, §8092; Code 1940, T. 7, §1036.)

Ala. Code § 6-6-484 Drawing of Warrant or Check for Money Due as Salary.

6-6-484. Drawing of Warrant or Check for Money Due as Salary. After such writ has been served as provided in this division, the said agent of the state shall draw no warrant or check for the money due such defendant as salary and included in the answer filed in said garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved in the manner provided by the statutes. After final judgment condemning said money as provided in this division, said agent of the state may draw a warrant or check for the money so condemned and deliver same to the clerk of the court or to the court where such judgment was obtained. (Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026