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.
North Carolina Assignment of a Specified Amount of Wages is a legal process that governs the including of wages as collateral towards the repayment of debts. This assignment allows individuals in North Carolina to use a portion of their wages to pay off a specific debt. In North Carolina, there are two types of Assignment of a Specified Amount of Wages: 1. Voluntary Assignment: This type of assignment occurs when an employee voluntarily agrees to assign a specific amount of their wages to a creditor to repay a debt. The agreement is usually made in writing and signed by both parties involved. The voluntary nature of this assignment grants the employee the ability to control and manage which debt is paid through the assignment. 2. Involuntary Assignment: In contrast to a voluntary assignment, an involuntary assignment is initiated by a court order or legal action. In this case, a creditor can seek a court order to assign a specified amount of the employee's wages towards repaying a particular debt. The court order overrides any objections from the employee, and the assigned portion of the wages will be deducted until the debt is cleared. The North Carolina Assignment of a Specified Amount of Wages provides some protections for employees. According to the law, the assigned portion of the wages cannot exceed 25% of the employee's disposable earnings (excluding certain exempt income). Additionally, the assignment must not cause the employee's earnings to fall below the federal minimum wage. It is important to note that not all debts are eligible for an Assignment of a Specified Amount of Wages. For instance, student loans backed by the federal government may only be subject to wage garnishment after a court order is obtained. Moreover, certain benefits such as child support payments may take precedence over other assignments. When considering an Assignment of a Specified Amount of Wages in North Carolina, it is advisable for both the creditor and the employee to seek legal advice to ensure compliance with the state laws and regulations. Understanding the different types of assignments and their implications can help individuals make informed decisions regarding the assignment of their wages to repay debts.
