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Home » US Law » 2022 New York Laws » Consolidated Laws » PEP - Personal Property » Article 3-A - Assignment of Earnings » 48-A – Manner of Collection; Percentage of Earnings Deductible; Restriction Against Multiple Deductions.
§  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.