2012 New York Consolidated Laws
PEP - Personal Property
Article 3-A - (46 - 49-A) ASSIGNMENT OF EARNINGS
48 - Notice to be mailed to assignor prior to filing with employer.

 
    §  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 been mailed to the assignor by certified mail, return receipt
  requested, addressed to his last known place of residence  stating  that
  unless  the amounts in default are paid within twenty days from the date
  of the mailing,  the  assignment  will  be  filed  with  the  assignor's
  employer.  If  the  aforesaid  notice  is returned undelivered it may be
  mailed to the assignor by  certified  mail,  return  receipt  requested,
  addressed to the assignor at the address where he is employed or, in the
  alternative, it may be served in the same manner as a summons.
    Such written notice shall not be mailed by the assignee until at least
  twenty-one  days  shall  have elapsed after default by the assignor in a
  payment due on the indebtedness and such written  notice  shall  contain
  substantially  the  following language: "Bring this notice with you when
  making any payment on account of your indebtedness and have the  payment
  endorsed on this notice."
    2.  If  a  payment in any amount is accepted by the assignee after the
  mailing of said notice and if the fact  of  such  payment  is  noted  in
  writing  by  the  assignee at the time of the acceptance of the payment,
  either upon the notice or upon some other paper bearing a  reference  to
  said  notice,  the assignor shall no longer be considered in default for
  the purpose of permitting an assignment to be filed with the  assignor's
  employer. In the event, however, of any subsequent default, the assignee
  may  file  the  assignment  upon  compliance  with the provisions of the
  preceding paragraph of this section  as  though  no  prior  default  had
  occurred.
    3.  The  written  notice  required  by subdivision one of this section
  shall be accompanied by copies of the papers required to be delivered by
  section forty-six-e of this article and by a written notice which  shall
  contain substantially the following language:
    "If  you  believe  that  you  have  a  defense  to  the aforesaid wage
  assignment or the debt secured thereby you are entitled to follow either
  of the following procedures designed as (a) and (b).
    (a) You are entitled  to  a  hearing  before  a  court  of  record  in
  accordance  with the provisions of section forty-seven-e of the personal
  property law which reads as follows:
  (insert provisions of section forty-seven-e  of  the  personal  property
  law)
    (b)  Within  ten  days  after receipt of the aforesaid notice, you are
  entitled to mail to the  assignee,  by  certified  mail  return  receipt
  requested,  a written notice containing your name, residence address and
  substantially the following language:
    'I (insert name) residing at (insert address)  hereby  affirm  that  I
  have  a bona fide defense to the claim in your notice dated (insert date
  of notice) and to the wage assignment given as security therefor,  based
  upon the following facts (state the facts constituting the basis of your
  defense)'"
    4.  Upon  receipt  of such notice the assignee shall be precluded from
  filing such wage assignment with the employer until it obtains an  order
  of  a  court  of  record  authorizing such filing. The assignee shall be
  entitled to institute a special proceeding  in  a  court  of  record  to
  obtain such an order. At least eight days' notice of the application for
  such  order  shall  be given to the assignor in the manner prescribed in
  subdivision one of this section and if a hearing is  held  the  assignor
  shall  have  all  the rights prescribed by section forty-seven-e of this
  article.