North Carolina General Statutes 160A-64.1. Withholding compensation; money judgment against council member
Terms Used In North Carolina General Statutes 160A-64.1
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Council: means the governing board of a city. See North Carolina General Statutes 160A-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Mayor: means the chief executive officer of a city by whatever title known. See North Carolina General Statutes 160A-1
(a) In addition to any other enforcement available, the finance officer of a city that obtains a final judgment awarding monetary damages against an elected or appointed member of the city council, either individually or jointly, may enforce that final judgment using any of the remedies set forth in N.C. Gen. Stat. § 105-366(b) or the procedure for attachment and garnishment set forth in N.C. Gen. Stat. § 105-368 as if final judgment awarding monetary damages were delinquent taxes and that finance officer were the tax collector.
(b) In addition to any other enforcement available, the finance officer of the city shall garnish compensation paid under N.C. Gen. Stat. § 160A-64 to any mayor or council member to collect any unpaid monies due to the city for city services until such debt is paid in full using the procedure for attachment and garnishment set forth in N.C. Gen. Stat. § 105-368 as if unpaid monies due to the city for city services were delinquent taxes and that finance officer were the tax collector.
(c) The provision of N.C. Gen. Stat. § 105-368(a) that limits the amount of compensation that may be garnished to not more than ten percent (10%) for any one pay period shall not apply to this section. (2014-40, s. 1; 2021-191, s. 2(b).)