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North Carolina Assignment of a Specified Amount of Wages

Category:
Employment - Compensation - Wages and Hours
State:
Multi-State
Control #:
US-03923BG
Format:
Word; 
Rich Text
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Description

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.

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FAQ

A wage assignment take funds directly from an employee's paycheck to pay back a debt. Wage assignments may be either voluntary or involuntary. A wage assignment, when involuntary, may also be referred to as wage garnishment and requires a court order.

A salary assignment arises out of an agreement between an employee (assigning debtor) and a third party (assignee creditor) who agree that the latter will acquire ownership of the assignable part of the compensation that the employer (the assigned) owes to their employee.

A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated

If you don't want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

25aa A wage assignment is an order that the paying party's employer send money from the paying party's. paycheck to the receiving party. 25aa If there is only a support order and no wage assignment then the paying party is to pay support directly to. the receiving party.

You can stop wage assignment at anytime. You can do this by sending the creditor a letter telling them you revoke the assignment, or filling out and returning the included revocation notice form. You will still owe on the debt. If a creditor does not follow these rules, you might be able to sue them in court.

Federal Wage Garnishment Limits for Judgment Creditors If a judgment creditor is garnishing your wages, federal law provides that it can take no more than: 25% of your disposable income, or. the amount that your income exceeds 30 times the federal minimum wage, whichever is less.

If the garnishment is a continuing lien on wages, it is only effective for a period of 60 days from the date of service. Withholding under a garnishment cannot exceed 50 percent of disposable wages.

This development is important for multistate employers because Illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages. Under the Illinois Wage Assignment Act, 740 ILCS ?170/.

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