New York Personal Property Law Article 3-A - ASSIGNMENT OF EARNINGS
- 46 - Definitions.
In this article unless the context or subject matter otherwise requires: 1. "Assignment" means any assignment of or order for payment of any earnings, whether...
- 46-a - No Implied Repeal.
Nothing in this article shall be deemed to limit any other statutory provision. Any express statutory provision, in force at the time this article takes...
- 46-b - Assignments of Future Earnings Collectible Only As Prescribed.
Assignments of future earnings shall be collectible only as prescribed in sections forty-eight to forty-eight-d, inclusive, of this chapter.
- 46-c - Formal Requisites of Assignments of Less Than One Thousand Dollars and of Assignments Securing Certain Guarantees Amounting to Fifteen Hundred Dollars
or less. No assignment of future earnings, securing or relating to any indebtedness aggregating less than one thousand dollars, shall be valid for any purpose...
- 46-d - Guarantee of Certain Purchases Secured by Assignment of Earnings.
No guarantee given to the seller to secure the payment of goods, wares or merchandise amounting to fifteen hundred dollars or less sold for any...
- 46-e - Personal Execution of Assignment by Assignor; Delivery of Copies of Papers.
No assignment of future earnings shall be valid for any purpose whatever unless such assignment is personally executed by the assignor. A copy thereof and...
- 46-f - Limit on Interest and Other Charges.
Except as provided in article nine of the banking law, no person shall directly or indirectly receive or accept, whether by discount or otherwise, for...
- 47 - Public Filing of Assignment Before Filing With Employer.
Except as provided in section forty-nine of this chapter, an assignment of future earnings or a true copy thereof, must be filed with the county...
- 47-a - Place of Filing.
An assignment of future earnings or a true copy thereof authenticated by a notary public or commissioner of deeds, together with an itemized statement setting...
- 47-b - Filing, Entering and Indexing.
1. The filing officer shall mark upon the assignment or true copy thereof filed with him the date of its filing and shall file such...
- 47-c - Refiling.
The filing of assignments shall be valid for a period of two years only. The validity of the filing may in each case be extended...
- 47-d - Cancellation of Assignment.
Upon the payment or satisfaction of the indebtedness, and upon written demand delivered personally or by registered mail by the assignor, the assignee shall execute...
- 47-e - Vacating of an Assignment, by Order of a Court.
1. An assignment may be vacated by a judgment of a court of record upon a special proceeding brought by the assignor, his employer or...
- 48 - Notice to Be Mailed to Assignor Prior to Filing With Employer.
1. No assignment of future earnings shall be filed with the assignor's employer until twenty days shall have elapsed after a written notice shall have...
- 48-a - Manner of Collection; Percentage of Earnings Deductible; Restriction Against Multiple Deductions.
Subject to subdivision two of this section, any assignment of future earnings shall be collectible from the assignor's employer at the time of each payment...
- 48-b - Amount of Exempt Earnings.
Notwithstanding anything contained in this article, no portion of the assignor's future earnings shall be withheld by reason of any assignment, unless such earnings exceed...
- 48-c - Assignment of Future Earnings by Person Unemployed; Effect of Loss of Employment.
If the assignor is not employed at the time he makes an assignment of future earnings, but is thereafter employed, his future earnings shall nevertheless...
- 48-d - Payroll Deductions Not Included.
Payroll deductions may be made by the employer notwithstanding any restriction in this article, and shall be deductible in addition to the payments under any...
- 49 - Certain Provisions Not Applicable to Banks, Trust Companies or Credit Unions.
1. The provisions of section forty-seven of this article shall not be applicable to any bank, trust company or credit union doing business in the...
- 49-a - Statement to Be Filed by Lenders Upon Assignment.
1. Every person, firm or corporation engaged in or seeking to engage in the business of lending money upon security of an assignment of, or...
Last modified: February 3, 2019