A. All assignments of wages or salaries due or to become due to any person, in order to be valid, shall be acknowledged by the party making the assignment before a notary public or other officer authorized to take acknowledgments. The assignment shall be recorded in the office of the county clerk of the county in which the money is to be paid and a copy served upon the employer or person who is to make payment.
B. Any assignment of wages or salary is void if it provides for an assignment of more than twenty-five percent of the assignor's disposable earnings for any pay period. As used in this section, "disposable earnings" means that part of the assignor's wage or salary remaining after deducting the amounts which are required by law to be withheld.
History: Laws 1929, ch. 128, § 1; C.S. 1929, § 8-101; 1941 Comp., § 46-111; 1953 Comp., § 43-1-12; Laws 1971, ch. 172, § 1.
Cross references. — For exemption of disposable wages from garnishment, see 35-12-7 NMSA 1978.
For assignment of wages to director of labor and industrial division of labor department, see 50-4-11 NMSA 1978.
For Uniform Commercial Code exclusion for wage assignments, see 55-9-104 NMSA 1978.
Withholding of funds from monthly salary checks already earned is legal and valid if made in statutory form. 1960 Op. Att'y Gen. No. 60-33.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Assignments for Benefit of Creditors § 29.
6A C.J.S. Assignments §§ 51, 52.
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