§ 48 — Notice to be mailed to assignor prior to filing with employer

§ 48. Notice to be mailed to assignor prior to filing with employer.\n1. No assignment of future earnings shall be filed with the assignor's\nemployer until twenty days shall have elapsed after a written notice\nshall have been mailed to the assignor by certified mail, return receipt\nrequested, addressed to his last known place of residence stating that\nunless the amounts in default are paid within twenty days from the date\nof the mailing, the assignment will be filed with the assignor's\nemployer. If the aforesaid notice is returned undelivered it may be\nmailed to the assignor by certified mail, return receipt requested,\naddressed to the assignor at the address where he is employed or, in the\nalternative, it may be served in the same manner as a summons.\n Such written notice shall not be mailed by the assignee until at least\ntwenty-one days shall have elapsed after default by the assignor in a\npayment due on the indebtedness and such written notice shall contain\nsubstantially the following language: "Bring this notice with you when\nmaking any payment on account of your indebtedness and have the payment\nendorsed on this notice."\n 2. If a payment in any amount is accepted by the assignee after the\nmailing of said notice and if the fact of such payment is noted in\nwriting by the assignee at the time of the acceptance of the payment,\neither upon the notice or upon some other paper bearing a reference to\nsaid notice, the assignor shall no longer be considered in default for\nthe purpose of permitting an assignment to be filed with the assignor's\nemployer. In the event, however, of any subsequent default, the assignee\nmay file the assignment upon compliance with the provisions of the\npreceding paragraph of this section as though no prior default had\noccurred.\n 3. The written notice required by subdivision one of this section\nshall be accompanied by copies of the papers required to be delivered by\nsection forty-six-e of this article and by a written notice which shall\ncontain substantially the following language:\n "If you believe that you have a defense to the aforesaid wage\nassignment or the debt secured thereby you are entitled to follow either\nof the following procedures designed as (a) and (b).\n (a) You are entitled to a hearing before a court of record in\naccordance with the provisions of section forty-seven-e of the personal\nproperty law which reads as follows:\n(insert provisions of section forty-seven-e of the personal property\nlaw)\n (b) Within ten days after receipt of the aforesaid notice, you are\nentitled to mail to the assignee, by certified mail return receipt\nrequested, a written notice containing your name, residence address and\nsubstantially the following language:\n 'I (insert name) residing at (insert address) hereby affirm that I\nhave a bona fide defense to the claim in your notice dated (insert date\nof notice) and to the wage assignment given as security therefor, based\nupon the following facts (state the facts constituting the basis of your\ndefense)'"\n 4. Upon receipt of such notice the assignee shall be precluded from\nfiling such wage assignment with the employer until it obtains an order\nof a court of record authorizing such filing. The assignee shall be\nentitled to institute a special proceeding in a court of record to\nobtain such an order. At least eight days' notice of the application for\nsuch order shall be given to the assignor in the manner prescribed in\nsubdivision one of this section and if a hearing is held the assignor\nshall have all the rights prescribed by section forty-seven-e of this\narticle.\n