40.1-31 - Assignment of wages and salaries; requirements.
§ 40.1-31. Assignment of wages and salaries; requirements.
No assignment, transfer, pledge or hypothecation of wages or salary due or tobecome due to any person shall be valid and enforceable against any employerof the assignor, except with the express consent in writing of such employergiven to the creditor or assignee, unless and until all of the followingrequirements have been fully met:
(1) Such assignment is printed in type not smaller than pica, is a separateinstrument not incorporated in or made a part of any other contract orinstrument, and is plainly designated "Wage Assignment."
(2) Such assignment is executed in triplicate and in person by the assignor,is dated on the date on which it is executed, one executed copy thereof isdelivered to the assignor, and one executed copy is mailed to the employertherein named within fifteen days after the execution thereof; provided,however, that such copy mailed to the employer shall be for his informationonly, and shall not be construed as giving such employer legal notice of theassignee's intention to enforce the terms thereof or as constituting thenotice referred to in § 8.01-13.
(3) The name of employer of the assignor is written therein before thesigning thereof and the total amount, if any, which is to be secured therebyis plainly stated therein.
(4) The assignor is, at the time of the execution of the assignment, employedby the employer therein named.
(5) Ten days before any notice of the assignee's intention to enforce theterms of the assignment is served upon the employer, the assignee gives theassignor notice in writing sent by mail to his last known address thatdefault has been made in his obligation.
(6) Notice of the assignee's intention to enforce the terms of an assignmenthas been served on the employer by an officer or other person authorized toserve civil process. Such notice shall be valid to make the assignmenteffective only from the time it is served.
(7) Whenever the assignor changes his employment after executing anassignment contemplated by this section then any assignee who has otherwisefully complied with the provisions of this section may enforce his assignmentagainst the new employer of the assignor provided that he mails a copy of theassignment to the new employer within fifteen days after learning of suchchange of employment and gives the same notice or notices to the new employeras is required to be given to the original employer and complies with theconditions of subdivision (5) hereof.
(Code 1950, § 40-30; 1970, c. 321.)