N.Y. Personal Property Law § 46: Definitions

§ 46. Definitions. In this article unless the context or subject

matter otherwise requires:

1. "Assignment" means any assignment of or order for payment of any

earnings, whether given outright or as security. "Assignment" shall not

include a payroll deduction, nor any part of earnings required by law to

be withheld in payment of taxes, nor such sums as may be deducted by the

employer for payment to a labor union or to a trust fund for the benefit

of employees, pursuant to agreement in writing either with the employee

or with a labor union of which the employee is a member.

2. "Payroll deductions" means only such sums as an employee may in

writing authorize his employer to pay out on the employee's behalf,

where the authorization is revocable, and does not purport to create any

enforceable right in any third party.

3. "Earnings" means any salary, wages, commissions, or other

compensation for services. "Future earnings" means earnings which become

payable by an employer, to the assignor or persons claiming under him,

after the execution of the instrument of assignment.

4. "Indebtedness" means any obligation to pay money, whether as

principal, guarantor or surety, including such obligations arising out

of loans, purchases of real or personal property, services rendered, or

any other transaction whatsoever.

5. "Employer" means any person owing earnings to an assignor, whether

such earnings were due when the assignment was executed, or later became

due, and whether the employment was existing when an assignment was

made, or did not commence until later.

6. "Assignor" means one who executes an assignment.

7. "Assignee" means one to whom any sum is payable under an

assignment.

8. "Garnishment" means any levy on execution, attachment,

sequestration, proceedings to enforce a judgment or other legal process

by which a creditor or other claimant to any portion of an employee's

earnings stops payment by an employer to an employee or obtains payment

due the creditor. "Garnishment" shall not include an order for

installment payments to a judgment creditor.