2012 New York Consolidated Laws
PEP - Personal Property
Article 3-A - (46 - 49-A) ASSIGNMENT OF EARNINGS
48-A - Manner of collection; percentage of earnings deductible; restriction against multiple deductions.

 
    §  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  of  such
  earnings  commencing  with  the  first  payment  thereof  made after the
  expiration of ten days from the date of filing with the  employer  of  a
  true  copy  of  such  assignment,  authenticated by a notary public or a
  commissioner of deeds, together with an itemized statement of the amount
  then due the assignee, which statement shall  set  forth  the  following
  information  (1)  the  date  and amount of each payment theretofore made
  upon the indebtedness and (2) in case public  filing  is  required,  the
  date  upon which such assignment or true copy thereof was filed with the
  filing officer as described in section forty-seven-a, of this chapter.
    2. The following limitations set forth in paragraphs (a), (b) and  (c)
  of  this  subdivision  shall  apply  to the collection of assignments of
  future earnings securing or relating  to  any  indebtedness  aggregating
  less than one thousand dollars;
    (a)  the  amount  collectible  in  any  month shall not exceed ten per
  centum of the assignor's future earnings payable in such month;
    (b) if at the time of the filing  with  the  employer  (1)  any  other
  assignment  of  future  earnings  is  subject  to  payment,  or  (2) any
  garnishment against such earnings or  order  against  the  assignor  for
  installment  payments  to  a  judgment  creditor, is in force, no amount
  shall be collectible while such other assignment is subject  to  payment
  or such garnishment or order is in force;
    (c)  no portion of future earnings shall be withheld from the assignor
  or paid to satisfy such assignment in whole or in part while any portion
  of the indebtedness secured by any valid assignment securing or relating
  to  an  indebtedness  aggregating  less  than  one   thousand   dollars,
  previously  filed  with  the  employer  in accordance with this section,
  shall remain unpaid.
    3. No portion of future earnings shall be withheld from  the  assignor
  or  paid to satisfy in whole or in part any subsequent garnishment while
  any portion of the indebtedness secured by any valid assignment securing
  or relating to  an  indebtedness  aggregating  less  than  one  thousand
  dollars  filed  with  the employer in accordance with this section shall
  remain unpaid, but nothing contained herein shall exempt the earnings of
  a judgment debtor from the  application  of  an  order  for  installment
  payments to a judgment creditor.