(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.
Structure New York Laws
Article 3-A - Assignment of Earnings
46-B - Assignments of Future Earnings Collectible Only as Prescribed.
46-D - Guarantee of Certain Purchases Secured by Assignment of Earnings.
46-E - Personal Execution of Assignment by Assignor; Delivery of Copies of Papers.
46-F - Limit on Interest and Other Charges.
47 - Public Filing of Assignment Before Filing With Employer.
47-B - Filing, Entering and Indexing.
47-D - Cancellation of Assignment.
47-E - Vacating of an Assignment, by Order of a Court.
48 - Notice to Be Mailed to Assignor Prior to Filing With Employer.
48-B - Amount of Exempt Earnings.
48-C - Assignment of Future Earnings by Person Unemployed; Effect of Loss of Employment.
48-D - Payroll Deductions Not Included.
49 - Certain Provisions Not Applicable to Banks, Trust Companies or Credit Unions.