New York § 46 Definitions

New York Statutes

§ 46 — Definitions

New York § 46

Law PEPPersonal Property

Art. 3-AAssignment of Earnings

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Bluebook

N.Y. Personal Property § 46 (2026).

Text

  § 46. Definitions. In this article unless the context or subject\nmatter otherwise requires:\n  1. "Assignment" means any assignment of or order for payment of any\nearnings, whether given outright or as security. "Assignment" shall not\ninclude a payroll deduction, nor any part of earnings required by law to\nbe withheld in payment of taxes, nor such sums as may be deducted by the\nemployer for payment to a labor union or to a trust fund for the benefit\nof employees, pursuant to agreement in writing either with the employee\nor with a labor union of which the employee is a member.\n  2. "Payroll deductions" means only such sums as an employee may in\nwriting authorize his employer to pay out on the employee's behalf,\nwhere the authorization is revocable, and does not purport to create

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§ 46. Definitions. In this article unless the context or subject\nmatter otherwise requires:\n 1. "Assignment" means any assignment of or order for payment of any\nearnings, whether given outright or as security. "Assignment" shall not\ninclude a payroll deduction, nor any part of earnings required by law to\nbe withheld in payment of taxes, nor such sums as may be deducted by the\nemployer for payment to a labor union or to a trust fund for the benefit\nof employees, pursuant to agreement in writing either with the employee\nor with a labor union of which the employee is a member.\n 2. "Payroll deductions" means only such sums as an employee may in\nwriting authorize his employer to pay out on the employee's behalf,\nwhere the authorization is revocable, and does not purport to create any\nenforceable right in any third party.\n 3. "Earnings" means any salary, wages, commissions, or other\ncompensation for services. "Future earnings" means earnings which become\npayable by an employer, to the assignor or persons claiming under him,\nafter the execution of the instrument of assignment.\n 4. "Indebtedness" means any obligation to pay money, whether as\nprincipal, guarantor or surety, including such obligations arising out\nof loans, purchases of real or personal property, services rendered, or\nany other transaction whatsoever.\n 5. "Employer" means any person owing earnings to an assignor, whether\nsuch earnings were due when the assignment was executed, or later became\ndue, and whether the employment was existing when an assignment was\nmade, or did not commence until later.\n 6. "Assignor" means one who executes an assignment.\n 7. "Assignee" means one to whom any sum is payable under an\nassignment.\n 8. "Garnishment" means any levy on execution, attachment,\nsequestration, proceedings to enforce a judgment or other legal process\nby which a creditor or other claimant to any portion of an employee's\nearnings stops payment by an employer to an employee or obtains payment\ndue the creditor. "Garnishment" shall not include an order for\ninstallment payments to a judgment creditor.\n