§ 8.01-525.Who are officers and employees of cities, towns and counties.
Chapter 18. Executions and Other Means of Recovery · Article 7. Garnishment · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-525
Plain-English Summary
Section 8.01-524 subjects local government wages to garnishment, but “local government employee” needed a definition broad enough to cover the range of people paid from municipal or county funds. Section 8.01-525 supplies it.
The test has two parts: the person holds a position by authority from the General Assembly, or from city, town, or county authority, whether by election or appointment, and draws compensation from that locality’s money. Meet both, and for garnishment purposes, the statute treats that person as an officer, clerk, or employee of the city, town, or county, regardless of how the job might be labeled elsewhere.
That breadth matters in practice: it keeps a creditor from being blocked by an argument that a particular local position, one created by state statute rather than local charter, for instance, somehow falls outside § 8.01-524’s reach.
Frequently Asked Questions
What two conditions make someone an “officer, clerk or employee” under this section?
Holding office by authority from the General Assembly or from city, town, or county authority (by election or appointment), and receiving compensation from that locality’s funds.
Does it matter whether the position was created by election or appointment?
No, both routes count.
Why does this definition matter?
It determines who falls within § 8.01-524’s rule making local government wages subject to garnishment.
Does this section cover positions authorized by the General Assembly, not just local charters?
Yes, it expressly includes those holding office by virtue of General Assembly authority.
What is the source of the compensation that triggers this definition?
The moneys of the city, town, or county.
Amendment History
Code 1950, § 8-449.3; 1977, c. 617.