2023 New York Laws › PEP - Personal Property › Article 3-A - Assignment of Earnings › 48 - Notice to Be Mailed to Assignor Prior to Filing With Employer.

§  48.  Notice to be mailed to assignor prior to filing with employer.
1.  No assignment of future earnings shall be filed with the  assignor's
employer  until  twenty  days  shall have elapsed after a written notice
shall have been mailed to the assignor by certified mail, return receipt
requested, addressed to his last known place of residence  stating  that
unless  the amounts in default are paid within twenty days from the date
of the mailing,  the  assignment  will  be  filed  with  the  assignor's
employer.  If  the  aforesaid  notice  is returned undelivered it may be
mailed to the assignor by  certified  mail,  return  receipt  requested,
addressed to the assignor at the address where he is employed or, in the
alternative, it may be served in the same manner as a summons.
Such written notice shall not be mailed by the assignee until at least
twenty-one  days  shall  have elapsed after default by the assignor in a
payment due on the indebtedness and such written  notice  shall  contain
substantially  the  following language: "Bring this notice with you when
making any payment on account of your indebtedness and have the  payment
endorsed on this notice."
2.  If  a  payment in any amount is accepted by the assignee after the
mailing of said notice and if the fact  of  such  payment  is  noted  in
writing  by  the  assignee at the time of the acceptance of the payment,
either upon the notice or upon some other paper bearing a  reference  to
said  notice,  the assignor shall no longer be considered in default for
the purpose of permitting an assignment to be filed with the  assignor's
employer. In the event, however, of any subsequent default, the assignee
may  file  the  assignment  upon  compliance  with the provisions of the
preceding paragraph of this section  as  though  no  prior  default  had
occurred.
3.  The  written  notice  required  by subdivision one of this section
shall be accompanied by copies of the papers required to be delivered by
section forty-six-e of this article and by a written notice which  shall
contain substantially the following language:
"If  you  believe  that  you  have  a  defense  to  the aforesaid wage
assignment or the debt secured thereby you are entitled to follow either
of the following procedures designed as (a) and (b).
(a) You are entitled  to  a  hearing  before  a  court  of  record  in
accordance  with the provisions of section forty-seven-e of the personal
property law which reads as follows:
(insert provisions of section forty-seven-e  of  the  personal  property
law)
(b)  Within  ten  days  after receipt of the aforesaid notice, you are
entitled to mail to the  assignee,  by  certified  mail  return  receipt
requested,  a written notice containing your name, residence address and
substantially the following language:
'I (insert name) residing at (insert address)  hereby  affirm  that  I
have  a bona fide defense to the claim in your notice dated (insert date
of notice) and to the wage assignment given as security therefor,  based
upon the following facts (state the facts constituting the basis of your
defense)'"
4.  Upon  receipt  of such notice the assignee shall be precluded from
filing such wage assignment with the employer until it obtains an  order
of  a  court  of  record  authorizing such filing. The assignee shall be
entitled to institute a special proceeding  in  a  court  of  record  to
obtain such an order. At least eight days' notice of the application for
such  order  shall  be given to the assignor in the manner prescribed in
subdivision one of this section and if a hearing is  held  the  assignor
shall  have  all  the rights prescribed by section forty-seven-e of this
article.