New York · statute · N.Y. Personal Property Law · 149 active provisions
PERSONAL PROPERTY LAW LAWS 1909, CHAP. 45. AN ACT relating to personal property, constituting chapter forty-one of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do ena…
ARTICLE 1 SHORT TITLE Section 1. Short title.
Section 1. Short title. This chapter shall be known as the "Personal Property Law."
ARTICLE 3 AGREEMENTS IN WRITING; WITHOUT CONSIDERATION; FRAUDULENT; FACTORS Section 30. Definitions. 37. Fraudulent intent a question of fact. 38. Transfers or charges without consideration. 39. Successors to rights of creditors and purchasers. 40. Bona fide purchasers. 45-a. Salary or earnings of public officer or emp…
§ 30. Definitions. As used in this article, the term "transfer" includes sale, assignment, conveyance, deed and gift, and the term "agreement" includes promise and undertaking.
§ 37. Fraudulent intent a question of fact. The question of the existence of fraudulent intent in cases arising under this article, is a question of fact and not of law.
§ 38. Transfers or charges without consideration. A transfer or charge shall not be adjudged fraudulent as against creditors or purchasers, solely on the ground that it was not founded on a valuable consideration.
§ 39. Successors to rights of creditors and purchasers. A transfer, charge, sale or assignment, or proceeding declared by this article, to be void, as against creditors or purchasers, is equally void as against the heirs, successors, personal representatives or assignees of such creditors or purchasers.
§ 40. Bona fide purchasers. This article does not affect or impair the title of a purchaser or incumbrancer for a valuable consideration, unless it appear that such purchaser or incumbrancer had previous notice of the fraudulent intent of his immediate vendor, or of the fraud rendering void the title of such vendor.
§ 45-a. Salary or earnings of public officer or employee. 1. No assignment of, or power of attorney to collect or other instrument affecting, the whole or any part of his salary or earnings by an officer or employee of the state or of any political subdivision thereof or of any public authority or public corporation, o…
ARTICLE 3-A ASSIGNMENT OF EARNINGS Section 46. Definitions. 46-a. No implied repeal. 46-b. Assignments of future earnings collectible only as prescribed. 46-c. Formal requisites of assignments of less than one thousand dollars and of assignments securing certain guarantees amounting to fifteen hundred dollars or less.…
§ 46. Definitions. In this article unless the context or subject matter otherwise requires: 1. "Assignment" means any assignment of or order for payment of any earnings, whether given outright or as security. "Assignment" shall not include a payroll deduction, nor any part of earnings required by law to be withheld in…
§ 46-a. No implied repeal. Nothing in this article shall be deemed to limit any other statutory provision. Any express statutory provision, in force at the time this article takes effect, and which is inconsistent with any provision of this article, shall prevail.
§ 46-b. Assignments of future earnings collectible only as prescribed. Assignments of future earnings shall be collectible only as prescribed in sections forty-eight to forty-eight-d, inclusive, of this chapter.
§ 46-c. Formal requisites of assignments of less than one thousand dollars and of assignments securing certain guarantees amounting to fifteen hundred dollars or less. No assignment of future earnings, securing or relating to any indebtedness aggregating less than one thousand dollars, shall be valid for any purpose wh…
§ 46-d. Guarantee of certain purchases secured by assignment of earnings. No guarantee given to the seller to secure the payment of goods, wares or merchandise amounting to fifteen hundred dollars or less sold for any use other than a commercial or business use, the payment of which is secured by an assignment of futur…
§ 46-e. Personal execution of assignment by assignor; delivery of copies of papers. No assignment of future earnings shall be valid for any purpose whatever unless such assignment is personally executed by the assignor. A copy thereof and of any papers attached thereto together with a copy or copies of any papers execu…
§ 46-f. Limit on interest and other charges. Except as provided in article nine of the banking law, no person shall directly or indirectly receive or accept, whether by discount or otherwise, for the use and sale of his personal credit or for making or continuing any advance or loan of money (1) in anticipation of earn…
§ 47. Public filing of assignment before filing with employer. Except as provided in section forty-nine of this chapter, an assignment of future earnings or a true copy thereof, must be filed with the county clerk as provided for in section forty-seven-a before such assignment or a copy thereof is filed with the assign…
§ 47-a. Place of filing. An assignment of future earnings or a true copy thereof authenticated by a notary public or commissioner of deeds, together with an itemized statement setting forth the amount then due the assignee and the date and amount of payments theretofore made upon the indebtedness, may be filed in the o…
§ 47-b. Filing, entering and indexing. 1. The filing officer shall mark upon the assignment or true copy thereof filed with him the date of its filing and shall file such assignment or true copy thereof in his office for public inspection. He shall keep a separate book in which he shall enter the names of the assignor…
§ 47-c. Refiling. The filing of assignments shall be valid for a period of two years only. The validity of the filing may in each case be extended for successive additional periods of one year from the date of refiling by filing in the office of the county clerk of the county in which the original assignment or duly au…
§ 47-d. Cancellation of assignment. Upon the payment or satisfaction of the indebtedness, and upon written demand delivered personally or by registered mail by the assignor, the assignee shall execute and acknowledge or prove, and deliver to the assignor a certificate setting forth that the indebtedness has been paid o…
§ 47-e. Vacating of an assignment, by order of a court. 1. An assignment may be vacated by a judgment of a court of record upon a special proceeding brought by the assignor, his employer or any person having an interest therein. Before such judgment shall be granted an order to show cause and the petition upon which it…
§ 48. Notice to be mailed to assignor prior to filing with employer. 1. No assignment of future earnings shall be filed with the assignor's employer until twenty days shall have elapsed after a written notice shall have been mailed to the assignor by certified mail, return receipt requested, addressed to his last known…