New York PEP Code § 48-A

Manner of collection; percentage of earnings deductible; restriction against multiple deductions
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§ 48-a. Manner of collection; percentage of earnings deductible;\nrestriction against multiple deductions.  Subject to subdivision two of\nthis section, any assignment of future earnings shall be collectible\nfrom the assignor's employer at the time of each payment of such\nearnings commencing with the first payment thereof made after the\nexpiration of ten days from the date of filing with the employer of a\ntrue copy of such assignment, authenticated by a notary public or a\ncommissioner of deeds, together with an itemized statement of the amount\nthen due the assignee, which statement shall set forth the following\ninformation (1) the date and amount of each payment theretofore made\nupon the indebtedness and (2) in case public filing is required, the\ndate upon which such assignment or true copy thereof was filed with the\nfiling officer as described in section forty-seven-a, of this chapter.\n  2. The following limitations set forth in paragraphs (a), (b) and (c)\nof this subdivision shall apply to the collection of assignments of\nfuture earnings securing or relating to any indebtedness aggregating\nless than one thousand dollars;\n  (a) the amount collectible in any month shall not exceed ten per\ncentum of the assignor's future earnings payable in such month;\n  (b) if at the time of the filing with the employer (1) any other\nassignment of future earnings is subject to payment, or (2) any\ngarnishment against such earnings or order against the assignor for\ninstallment payments to a judgment creditor, is in force, no amount\nshall be collectible while such other assignment is subject to payment\nor such garnishment or order is in force;\n  (c) no portion of future earnings shall be withheld from the assignor\nor paid to satisfy such assignment in whole or in part while any portion\nof the indebtedness secured by any valid assignment securing or relating\nto an indebtedness aggregating less than one thousand dollars,\npreviously filed with the employer in accordance with this section,\nshall remain unpaid.\n  3. No portion of future earnings shall be withheld from the assignor\nor paid to satisfy in whole or in part any subsequent garnishment while\nany portion of the indebtedness secured by any valid assignment securing\nor relating to an indebtedness aggregating less than one thousand\ndollars filed with the employer in accordance with this section shall\nremain unpaid, but nothing contained herein shall exempt the earnings of\na judgment debtor from the application of an order for installment\npayments to a judgment creditor.\n

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