Chap. 432.—An ACT to amend the Code of Virginia by adding thereto a new section
numbered 6555-b, prescribing the requirements for valid assignments of wages
and salaries due or to become due from employers, and making certain partial
assignments of wages and salaries unenforceable. [H B 424]

Approved April 2, 1940

1. Beit enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section numbered
sixty-five hundred and fifty-five-b, which new section shall read as
follows:

Section 6555-b. No assignment, transfer, pledge, or hypothecation
of wages or salary due or to become due to any person shall be valid
and enforceable against any employer of the assignor, except with the
express consent in writing to creditor or assignee of such employer,
unless and until all of the following requirements have been fully met:

(a) Such assignment is printed in type not smaller than pica, is
a separate instrument and not incorporated in or made a part of any
other contract or instrument, and is plainly designated “WAGE
ASSIGNMENT”.

(b) 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 is delivered to the assignor, and one executed copy mailed
to the employer therein named within fifteen days after the execution
thereof; provided, however, that such copy mailed to the employer
shall be for his information only, and shall not be construed as giving
such employer legal notice of the assignee’s intention to enforce the
terms thereof, or as constituting the notice referred to in Section
fifty-seven hundred and sixty-eight of the Code of Virginia.

(c) The name of the employer of the assignor is written therein
before the signing thereof, and the total amount, if any, which is to
be secured thereby is plainly stated therein.

(d) The assignor is, at the time of the execution of the assign-
ment, employed by the employer therein named.

(e) Ten days before any notice of the assignee’s intention to
enforce the terms of the assignment is served upon the employer,
assignee gives the assignor notice in writing sent by mail to his last
known address, that default has been made in his obligation.

(f) Notice of assignee’s intention to enforce the terms of an assign-
ment has been served on the employer by an officer or other person
authorized to serve civil process, which notice shall be valid to make
the assignment effective only from the time it is served.

(¢) Whenever the assignor changes his employment after execut-
ing an assignment contemplated by this act then any assignee who has
otherwise fully complied with the provisions of this act may enforce
his assignment against the new employer of the assignor provided that
he mails a copy of said assignment to said new employer within fifteen
days after learning of such change of employment and gives the same
notice or notices to the new employer as is required to be given to the
original employer and complies with the conditions of sub-section (e)
hereof.

No partial assignment of wages shall be enforceable at law or in
equity, provided, however, that an assignment of all wages over and
above the exemption provided in section sixty-five hundred and
fifty-five of the Code of Virginia, shall not be considered a partial
assignment under the provisions of this act.

This section shall not be construed to apply to assignments of
salaries, wages and income for the benefit of creditors as provided for
in Chapter three hundred and twenty-three of the Acts of the General
Assembly of nineteen hundred and thirty-six.