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.
Connecticut Assignment of Wages Due or to Become Due is a legal agreement that allows an individual (assignor) to transfer their wages, either currently due or will become due in the future, to another party (assignee) for the repayment of a debt or the performance of an obligation. This legal document ensures the assignee receives regular payments from the assignor's employer until the assigned debt or obligation is fulfilled. In Connecticut, there are two primary types of Assignment of Wages: voluntary and involuntary. 1. Voluntary Assignment of Wages: This type of assignment is made by the choice and consent of the assignor, wherein they voluntarily transfer their wages to the assignee as collateral for a loan, credit, or any other form of debt. It is crucial for the assignor to understand the terms and conditions mentioned in the assignment agreement before signing it. This type of assignment requires a written agreement between both parties, outlining the details of the transfer, such as the amount to be assigned, the duration, and the repayment terms. 2. Involuntary Assignment of Wages: Also known as wage garnishment, this type of assignment occurs when a court orders the employer to deduct a specific portion of an employee's wages and redirect them to a creditor or a government agency to satisfy a debt. Wage garnishments commonly happen in situations involving unpaid child support, outstanding taxes, or court-ordered judgments. The creditor must obtain a court judgment before initiating involuntary wage garnishment. Once the court authorizes the wage assignment, the employer is obligated to withhold the assigned amount from the employee's wages and transfer it as instructed. To enforce either type of wage assignment in Connecticut, it is important to adhere to state laws and regulations. In the case of voluntary assignments, Connecticut General Statutes section 52-364 outlines the requirements for agreements and the maximum amount of wages that can be assigned (not exceeding 25% of the disposable earnings). For involuntary assignments, relevant Connecticut laws include General Statutes sections 52-361a and 52-361b, which provide guidelines for the proper procedures to be followed by creditors and employers regarding wage garnishment. Overall, Connecticut Assignment of Wages Due or to Become Due serves as a legal mechanism for individuals to manage and repay their debts or obligations by assigning a portion of their wages to third parties. Understanding the different types of assignments and their legal implications is crucial for both assignors and assignees to ensure compliance with Connecticut laws and protect their rights and interests.
