Legislation
SECTION 46
Definitions
Personal Property (PEP) CHAPTER 41, ARTICLE 3-A
§ 46. Definitions. In this article unless the context or subject
matter otherwise requires:
1. "Assignment" means any assignment of or order for payment of any
earnings, whether given outright or as security. "Assignment" shall not
include a payroll deduction, nor any part of earnings required by law to
be withheld in payment of taxes, nor such sums as may be deducted by the
employer for payment to a labor union or to a trust fund for the benefit
of employees, pursuant to agreement in writing either with the employee
or with a labor union of which the employee is a member.
2. "Payroll deductions" means only such sums as an employee may in
writing authorize his employer to pay out on the employee's behalf,
where the authorization is revocable, and does not purport to create any
enforceable right in any third party.
3. "Earnings" means any salary, wages, commissions, or other
compensation for services. "Future earnings" means earnings which become
payable by an employer, to the assignor or persons claiming under him,
after the execution of the instrument of assignment.
4. "Indebtedness" means any obligation to pay money, whether as
principal, guarantor or surety, including such obligations arising out
of loans, purchases of real or personal property, services rendered, or
any other transaction whatsoever.
5. "Employer" means any person owing earnings to an assignor, whether
such earnings were due when the assignment was executed, or later became
due, and whether the employment was existing when an assignment was
made, or did not commence until later.
6. "Assignor" means one who executes an assignment.
7. "Assignee" means one to whom any sum is payable under an
assignment.
8. "Garnishment" means any levy on execution, attachment,
sequestration, proceedings to enforce a judgment or other legal process
by which a creditor or other claimant to any portion of an employee's
earnings stops payment by an employer to an employee or obtains payment
due the creditor. "Garnishment" shall not include an order for
installment payments to a judgment creditor.
matter otherwise requires:
1. "Assignment" means any assignment of or order for payment of any
earnings, whether given outright or as security. "Assignment" shall not
include a payroll deduction, nor any part of earnings required by law to
be withheld in payment of taxes, nor such sums as may be deducted by the
employer for payment to a labor union or to a trust fund for the benefit
of employees, pursuant to agreement in writing either with the employee
or with a labor union of which the employee is a member.
2. "Payroll deductions" means only such sums as an employee may in
writing authorize his employer to pay out on the employee's behalf,
where the authorization is revocable, and does not purport to create any
enforceable right in any third party.
3. "Earnings" means any salary, wages, commissions, or other
compensation for services. "Future earnings" means earnings which become
payable by an employer, to the assignor or persons claiming under him,
after the execution of the instrument of assignment.
4. "Indebtedness" means any obligation to pay money, whether as
principal, guarantor or surety, including such obligations arising out
of loans, purchases of real or personal property, services rendered, or
any other transaction whatsoever.
5. "Employer" means any person owing earnings to an assignor, whether
such earnings were due when the assignment was executed, or later became
due, and whether the employment was existing when an assignment was
made, or did not commence until later.
6. "Assignor" means one who executes an assignment.
7. "Assignee" means one to whom any sum is payable under an
assignment.
8. "Garnishment" means any levy on execution, attachment,
sequestration, proceedings to enforce a judgment or other legal process
by which a creditor or other claimant to any portion of an employee's
earnings stops payment by an employer to an employee or obtains payment
due the creditor. "Garnishment" shall not include an order for
installment payments to a judgment creditor.