N.Y. Personal Property Law Section 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.

Source: Section 48-A — Manner of collection; percentage of earnings deductible; restriction against multiple deductions, https://www.­nysenate.­gov/legislation/laws/PEP/48-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 48-A’s source at nysenate​.gov

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