An assignment of wages is the transfer of the right to collect wages from the wage earner to a creditor. The assignment of wages is usually effectuated by deducting from an employee's earnings the amount necessary to pay off a debt.
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.
Many jurisdictions have enacted statutory provisions concerning wage assignments that prescribe various requisites of or conditions to the validity of assignments of wages. Compliance with these statutes is essential to make such assignments effective.
The Louisiana Assignment of Wages Due or to Become Due is a legal process that allows an individual, known as the assignor, to transfer their rights to receive wages to another person or entity, known as the assignee. This assignment is binding and enforceable once it is properly executed and meets the requirements under Louisiana law. There are two different types of Louisiana Assignment of Wages Due or to Become Due: voluntary assignments and involuntary assignments. A voluntary assignment occurs when an employee willingly and contractually agrees to transfer their wages to a third party. This type of assignment is typically done as a form of collateral for a loan or other financial obligation. The assignor, in this case, agrees to repay the loan using their future wages. Both parties must sign a written agreement outlining the terms and conditions of the assignment. In contrast, an involuntary assignment of wages is typically the result of a court order or legal action. This can happen when an individual owes a debt or has a legal obligation, such as child support or spousal support, which is not being fulfilled. In such cases, the court may authorize the assignment of the individual's wages to the rightful creditor to ensure the debt is satisfied. The assignor has no control over this assignment and must comply with the court's order. In both cases, it is important to note that the assignment of wages does not automatically transfer ownership of the wages to the assignee. Rather, it grants them the right to receive the assigned portion of the wages directly from the employer until the assigned debt or obligation is satisfied. To initiate an assignment of wages in Louisiana, the assignor must provide written notice to their employer, along with a copy of the assignment agreement. The employer then becomes obligated to honor the assignment by deducting the assigned amount from the employee's wages and paying it directly to the assignee. The assignee, on the other hand, must provide the necessary information to the employer to facilitate the direct payment, including their contact information and bank account details. It is crucial for all parties involved in a Louisiana Assignment of Wages Due or to Become Due to understand their rights and responsibilities. The assignor must ensure they are aware of the implications of assigning their wages and should carefully review the terms of the assignment agreement before signing. The assignee should also verify the validity of the assignment and ensure they have proper documentation to enforce their rights. In summary, the Louisiana Assignment of Wages Due or to Become Due is a legal mechanism that allows for the transfer of wage rights from an individual to another party. It can be voluntary or involuntary, and both parties should be well-informed about their obligations and rights under the assignment.
