6-20/550.10 State and Local Governments



Unless authorized by statute, a public entity is not subject to garnishment.  (Irilarry v. City of  San Diego, 186 CA 535)  This exemption cannot be waived by their officers or agents.  (Vaughn v. Condon, 52 CA 713)  City and county housing authorities come under this exemption. If money is owing and unpaid to the judgment debtor by a public entity, the judgment creditor may file, in the manner provided in this article, an abstract of the money judgment or a certified copy of the money judgment, together with an affidavit that states that the judgment creditor desires the relief provided by the article and states the exact amount then required to satisfy the judgment.  The judgment creditor may state in the affidavit any fact tending to establish the identity of the judgment debtor.

Promptly after filing the abstract or certified copy of the judgment and the affidavit with the public entity, the judgment creditor shall serve notice of the filing on the judgment debtor.  Service shall be made personally or by mail.  (CCP 708.730)  Earnings of a public employee are subject to wage garnishment.  (CCP 706.010-706.154)