48 - Notice to Be Mailed to Assignor Prior to Filing With Employer.

NY Pers Prop L § 48 (2019) (N/A)
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(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.