300. (a) As used in this section, the phrase "assignment of wages"
includes the sale or assignment of, or giving of an order for, wages
or salary but does not include an order or assignment made pursuant
to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9
of the Family Code or Section 3088 of the Probate Code.
(b) No assignment of wages, earned or to be earned, is valid
unless all of the following conditions are satisfied:
(1) The assignment is contained in a separate written instrument,
signed by the person by whom the wages or salary have been earned or
are to be earned, and identifying specifically the transaction to
which the assignment relates.
(2) Where the assignment is made by a married person, the written
consent of the spouse of the person making the assignment is attached
to the assignment. No such consent is required of any married person
(A) after entry of a judgment decreeing a legal separation from such
person's spouse or (B) if the married person and the spouse of the
married person are living separate and apart after entry of an
interlocutory judgment of dissolution of their marriage, if a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
(3) Where the assignment is made by a minor, the written consent
of a parent or guardian of the minor is attached to the assignment.
(4) Where the assignment is made by a person who is unmarried or
who is an adult or who is both unmarried and an adult, a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
(5) No other assignment exists in connection with the same
transaction or series of transactions and a written statement by the
person making the assignment to that effect is attached to or
included in the assignment.
(6) A copy of the assignment and of the written statement provided
for in paragraphs (2), (4), and (5), authenticated by a notary
public, is filed with the employer, accompanied by an itemized
statement of the amount then due to the assignee.
(7) At the time the assignment is filed with the employer, no
other assignment of wages of the employee is subject to payment and
no earnings withholding order against the employee's wages or salary
is in force.
(c) Under any assignment of wages, a sum not to exceed 50 per
centum of the assignor's wages or salary shall be withheld by, and be
collectible from, the assignor's employer at the time of each
payment of such wages or salary.
(d) The employer is entitled to rely upon the statements of fact
in the written statement provided for in paragraphs (2), (4), and (5)
of subdivision (b), without the necessity of inquiring into the
truth thereof, and the employer shall incur no liability whatsoever
by reason of any payments made by the employer to an assignee under
any assignment in reliance upon the facts so stated.
(e) An assignment of wages to be earned is revocable at any time
by the maker thereof. Any power of attorney to assign or collect
wages or salary is revocable at any time by the maker thereof. No
revocation of such an assignment or power of attorney is effective as
to the employer until the employer receives written notice of
revocation from the maker.
(f) No assignment of wages, earned or to be earned, is valid under
any circumstances if the wages or salary earned or to be earned are
paid under a plan for payment at a central place or places
established under the provisions of Section 204a.
(g) This section does not apply to deductions which the employer
may be requested by the employee to make for the payment of life,
retirement, disability or unemployment insurance premiums, for the
payment of taxes owing from the employee, for contribution to funds,
plans or systems providing for death, retirement, disability,
unemployment, or other benefits, for the payment for goods or
services furnished by the employer to the employee or the employee's
family at the request of the employee, or for charitable,
educational, patriotic or similar purposes.
(h) No assignment of wages is valid unless at the time of the
making thereof, such wages or salary have been earned, except for
necessities of life and then only to the person or persons furnishing
such necessities of life directly and then only for the amount
needed to furnish such necessities.
300. (a) As used in this section, the phrase "assignment of wages"
includes the sale or assignment of, or giving of an order for, wages
or salary but does not include an order or assignment made pursuant
to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9
of the Family Code or Section 3088 of the Probate Code.
(b) No assignment of wages, earned or to be earned, is valid
unless all of the following conditions are satisfied:
(1) The assignment is contained in a separate written instrument,
signed by the person by whom the wages or salary have been earned or
are to be earned, and identifying specifically the transaction to
which the assignment relates.
(2) Where the assignment is made by a married person, the written
consent of the spouse of the person making the assignment is attached
to the assignment. No such consent is required of any married person
(A) after entry of a judgment decreeing a legal separation from such
person's spouse or (B) if the married person and the spouse of the
married person are living separate and apart after entry of an
interlocutory judgment of dissolution of their marriage, if a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
(3) Where the assignment is made by a minor, the written consent
of a parent or guardian of the minor is attached to the assignment.
(4) Where the assignment is made by a person who is unmarried or
who is an adult or who is both unmarried and an adult, a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
(5) No other assignment exists in connection with the same
transaction or series of transactions and a written statement by the
person making the assignment to that effect is attached to or
included in the assignment.
(6) A copy of the assignment and of the written statement provided
for in paragraphs (2), (4), and (5), authenticated by a notary
public, is filed with the employer, accompanied by an itemized
statement of the amount then due to the assignee.
(7) At the time the assignment is filed with the employer, no
other assignment of wages of the employee is subject to payment and
no earnings withholding order against the employee's wages or salary
is in force.
(c) Under any assignment of wages, a sum not to exceed 50 per
centum of the assignor's wages or salary shall be withheld by, and be
collectible from, the assignor's employer at the time of each
payment of such wages or salary.
(d) The employer is entitled to rely upon the statements of fact
in the written statement provided for in paragraphs (2), (4), and (5)
of subdivision (b), without the necessity of inquiring into the
truth thereof, and the employer shall incur no liability whatsoever
by reason of any payments made by the employer to an assignee under
any assignment in reliance upon the facts so stated.
(e) An assignment of wages to be earned is revocable at any time
by the maker thereof. Any power of attorney to assign or collect
wages or salary is revocable at any time by the maker thereof. No
revocation of such an assignment or power of attorney is effective as
to the employer until the employer receives written notice of
revocation from the maker.
(f) No assignment of wages, earned or to be earned, is valid under
any circumstances if the wages or salary earned or to be earned are
paid under a plan for payment at a central place or places
established under the provisions of Section 204a.
(g) This section does not apply to deductions which the employer
may be requested by the employee to make for the payment of life,
retirement, disability or unemployment insurance premiums, for the
payment of taxes owing from the employee, for contribution to funds,
plans or systems providing for death, retirement, disability,
unemployment, or other benefits, for the payment for goods or
services furnished by the employer to the employee or the employee's
family at the request of the employee, or for charitable,
educational, patriotic or similar purposes.
(h) No assignment of wages is valid unless at the time of the
making thereof, such wages or salary have been earned, except for
necessities of life and then only to the person or persons furnishing
such necessities of life directly and then only for the amount
needed to furnish such necessities.
300. (a) As used in this section, the phrase "assignment of wages"
includes the sale or assignment of, or giving of an order for, wages
or salary but does not include an order or assignment made pursuant
to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9
of the Family Code or Section 3088 of the Probate Code.
(b) No assignment of wages, earned or to be earned, is valid
unless all of the following conditions are satisfied:
(1) The assignment is contained in a separate written instrument,
signed by the person by whom the wages or salary have been earned or
are to be earned, and identifying specifically the transaction to
which the assignment relates.
(2) Where the assignment is made by a married person, the written
consent of the spouse of the person making the assignment is attached
to the assignment. No such consent is required of any married person
(A) after entry of a judgment decreeing a legal separation from such
person's spouse or (B) if the married person and the spouse of the
married person are living separate and apart after entry of an
interlocutory judgment of dissolution of their marriage, if a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
(3) Where the assignment is made by a minor, the written consent
of a parent or guardian of the minor is attached to the assignment.
(4) Where the assignment is made by a person who is unmarried or
who is an adult or who is both unmarried and an adult, a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
(5) No other assignment exists in connection with the same
transaction or series of transactions and a written statement by the
person making the assignment to that effect is attached to or
included in the assignment.
(6) A copy of the assignment and of the written statement provided
for in paragraphs (2), (4), and (5), authenticated by a notary
public, is filed with the employer, accompanied by an itemized
statement of the amount then due to the assignee.
(7) At the time the assignment is filed with the employer, no
other assignment of wages of the employee is subject to payment and
no earnings withholding order against the employee's wages or salary
is in force.
(c) Under any assignment of wages, a sum not to exceed 50 per
centum of the assignor's wages or salary shall be withheld by, and be
collectible from, the assignor's employer at the time of each
payment of such wages or salary.
(d) The employer is entitled to rely upon the statements of fact
in the written statement provided for in paragraphs (2), (4), and (5)
of subdivision (b), without the necessity of inquiring into the
truth thereof, and the employer shall incur no liability whatsoever
by reason of any payments made by the employer to an assignee under
any assignment in reliance upon the facts so stated.
(e) An assignment of wages to be earned is revocable at any time
by the maker thereof. Any power of attorney to assign or collect
wages or salary is revocable at any time by the maker thereof. No
revocation of such an assignment or power of attorney is effective as
to the employer until the employer receives written notice of
revocation from the maker.
(f) No assignment of wages, earned or to be earned, is valid under
any circumstances if the wages or salary earned or to be earned are
paid under a plan for payment at a central place or places
established under the provisions of Section 204a.
(g) This section does not apply to deductions which the employer
may be requested by the employee to make for the payment of life,
retirement, disability or unemployment insurance premiums, for the
payment of taxes owing from the employee, for contribution to funds,
plans or systems providing for death, retirement, disability,
unemployment, or other benefits, for the payment for goods or
services furnished by the employer to the employee or the employee's
family at the request of the employee, or for charitable,
educational, patriotic or similar purposes.
(h) No assignment of wages is valid unless at the time of the
making thereof, such wages or salary have been earned, except for
necessities of life and then only to the person or persons furnishing
such necessities of life directly and then only for the amount
needed to furnish such necessities.
