N.Y. Personal Property Law § 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.