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.
West Virginia Assignment of a Specified Amount of Wages is a legally binding agreement between an employee (assignor) and a third party (assignee) where the employee assigns a specific portion or amount of their wages to the assignee. This arrangement generally ensures that the assigned amount is deducted from the employee's paycheck and paid directly to the assignee. The West Virginia Division of Labor has established specific regulations and guidelines regarding the assignment of wages to protect both the employee and the assignee. To create a valid Assignment of a Specified Amount of Wages in West Virginia, the agreement must be in writing, signed by the employee, and witnessed or notarized. Different types of West Virginia Assignment of a Specified Amount of Wages may include: 1. Wage Garnishment: This type of assignment occurs when a court orders the deduction of wages for the payment of a debt. Wage garnishment is typically initiated by a creditor who has obtained a judgment against the employee. In these cases, the assignor may have limited control over the assigned amount, and the assignee may be a court-appointed entity responsible for collecting and distributing the funds. 2. Voluntary Wage Assignment: This type of assignment is initiated by the employee for various purposes, such as repaying a loan, fulfilling a debt obligation, or supporting a charitable cause. In voluntary wage assignments, the assignor has more control over the assigned amount, and the assignee is typically a specific individual or organization specified by the employee. 3. Child Support or Alimony: When an employee is required to make child support or alimony payments, the court may order a specific amount of wages to be assigned directly to the custodial parent or the recipient of alimony. This ensures regular and consistent payments to support dependents or spousal maintenance. 4. Wage Deductions for Benefits: Employers may enter into agreements with employees to deduct a specified amount from wages for benefits such as health insurance premiums, retirement contributions, or union dues. These assignments are typically voluntary and mutually agreed upon between the employer and employee. It is important for employees and assignees to understand their rights and responsibilities when entering into a West Virginia Assignment of a Specified Amount of Wages. The employee should read and comprehend the terms of the assignment agreement before signing, and consult legal counsel if necessary. Similarly, the assignee should adhere to the state's regulations and ensure compliance with applicable laws to avoid any potential legal issues.
