An assignment of wages should be contained in a separate written instrument, signed by the person who has earned or will earn the wages or salary. The assignment should include statements identifying the transaction to which the assignment relates, the personal status of the assignor, and a recital, where appropriate, that no other assignment or order exists in connection with the same transaction.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
California Assignment of a Specified Amount of Wages is a legal term referring to a voluntary agreement between an employee and creditor, where the employee assigns a specific portion of their wages to be paid directly to the creditor. This agreement is commonly used as a mechanism to secure repayment of a debt. In California, there are two types of Assignment of a Specified Amount of Wages: general assignments and specific assignments. 1. General Assignments: A general assignment allows an employee to assign a portion of their future wages to a creditor, typically to repay a debt. The assigned wages are usually deducted from the employee's paycheck before they receive it. This type of assignment is generally governed by California's Wage Garnishment Law (California Code of Civil Procedure Section 706.050 et seq.). 2. Specific Assignments: A specific assignment, on the other hand, pertains to the assignment of a particular amount of wages to a specific creditor or for a specific purpose. This type of assignment is often utilized when an employee wants to allocate a specific sum of their wages to cover a specific debt or obligation, rather than a percentage or fixed amount. Both types of assignments require a written agreement between the employee and the creditor. The agreement must include specific details such as: — The name and address of the employee and the creditor. — The amount of wages being assigned (either a percentage or a specific sum). — The period for which the assignment will remain in effect. — Any conditions or limitations on the assignment. — Signatures of both the employee and the creditor. It's important to note that California has specific laws in place to protect employees from excessive wage assignments and to ensure they retain a minimum amount of their earnings. The Maximum Amounts Protected from Earnings Assignment Order Act (California Family Code Section 706.020) limits the percentage of an employee's wages that can be assigned, with special provisions for cases involving child or spousal support. Overall, the California Assignment of a Specified Amount of Wages is a legal mechanism that allows employees to voluntarily assign a portion of their wages to a creditor or for specific purposes. These assignments are subject to specific statutory provisions to ensure fairness and protect the rights of employees.California Assignment of a Specified Amount of Wages is a legal term referring to a voluntary agreement between an employee and creditor, where the employee assigns a specific portion of their wages to be paid directly to the creditor. This agreement is commonly used as a mechanism to secure repayment of a debt. In California, there are two types of Assignment of a Specified Amount of Wages: general assignments and specific assignments. 1. General Assignments: A general assignment allows an employee to assign a portion of their future wages to a creditor, typically to repay a debt. The assigned wages are usually deducted from the employee's paycheck before they receive it. This type of assignment is generally governed by California's Wage Garnishment Law (California Code of Civil Procedure Section 706.050 et seq.). 2. Specific Assignments: A specific assignment, on the other hand, pertains to the assignment of a particular amount of wages to a specific creditor or for a specific purpose. This type of assignment is often utilized when an employee wants to allocate a specific sum of their wages to cover a specific debt or obligation, rather than a percentage or fixed amount. Both types of assignments require a written agreement between the employee and the creditor. The agreement must include specific details such as: — The name and address of the employee and the creditor. — The amount of wages being assigned (either a percentage or a specific sum). — The period for which the assignment will remain in effect. — Any conditions or limitations on the assignment. — Signatures of both the employee and the creditor. It's important to note that California has specific laws in place to protect employees from excessive wage assignments and to ensure they retain a minimum amount of their earnings. The Maximum Amounts Protected from Earnings Assignment Order Act (California Family Code Section 706.020) limits the percentage of an employee's wages that can be assigned, with special provisions for cases involving child or spousal support. Overall, the California Assignment of a Specified Amount of Wages is a legal mechanism that allows employees to voluntarily assign a portion of their wages to a creditor or for specific purposes. These assignments are subject to specific statutory provisions to ensure fairness and protect the rights of employees.