Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 48
Notice to be mailed to assignor prior to filing with employer
Personal Property (PEP) CHAPTER 41, ARTICLE 3-A
§ 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.