2012 New York Consolidated Laws
PEP - Personal Property
Article 3-A - (46 - 49-A) ASSIGNMENT OF EARNINGS
46 - Definitions.


NY Pers Prop L § 46 (2012) What's This?
 
    §  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 given outright or as security. "Assignment" shall not
  include a payroll deduction, nor any part of earnings required by law to
  be withheld in payment of taxes, nor such sums as may be deducted by the
  employer for payment to a labor union or to a trust fund for the benefit
  of employees, pursuant to agreement in writing either with the  employee
  or with a labor union of which the employee is a member.
    2.  "Payroll  deductions"  means  only such sums as an employee may in
  writing authorize his employer to pay  out  on  the  employee's  behalf,
  where the authorization is revocable, and does not purport to create any
  enforceable right in any third party.
    3.   "Earnings"   means  any  salary,  wages,  commissions,  or  other
  compensation for services. "Future earnings" means earnings which become
  payable by an employer, to the assignor or persons claiming  under  him,
  after the execution of the instrument of assignment.
    4.  "Indebtedness"  means  any  obligation  to  pay  money, whether as
  principal, guarantor or surety, including such obligations  arising  out
  of  loans, purchases of real or personal property, services rendered, or
  any other transaction whatsoever.
    5. "Employer" means any person owing earnings to an assignor,  whether
  such earnings were due when the assignment was executed, or later became
  due,  and  whether  the  employment  was existing when an assignment was
  made, or did not commence until later.
    6. "Assignor" means one who executes an assignment.
    7.  "Assignee"  means  one  to  whom  any  sum  is  payable  under  an
  assignment.
    8.   "Garnishment"   means   any   levy   on   execution,  attachment,
  sequestration, proceedings to enforce a judgment or other legal  process
  by  which  a  creditor or other claimant to any portion of an employee's
  earnings stops payment by an employer to an employee or obtains  payment
  due   the  creditor.  "Garnishment"  shall  not  include  an  order  for
  installment payments to a judgment creditor.

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