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This entry was published on 2014-09-22
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SECTION 48-A
Manner of collection; percentage of earnings deductible; restriction against multiple deductions
Personal Property (PEP) CHAPTER 41, ARTICLE 3-A
§ 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.