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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 351   View pdf image (33K)
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ASSIGNMENT OF CHOSES IN ACTION 351

Assignment of Wages.

An. Code, 1924, sec. 11. 1912, sec. 11. 1906, ch. 399.

11. No assignment of wages or salary shall be valid so as to vest in the
assignee any beneficial interest, either at law or in equity, unless such
assignment be in writing, signed by the assignor and acknowledged in person
by him or her before a justice of the peace in and for the city or county,
as the case may be, in which the assignor resides, and entered on the same
day by said justice of the peace upon his docket; and unless further, within
three days from the execution and acknowledgment of said assignment a
true and complete copy thereof, together with the certificates of its acknowl-
edgment, be served upon the person, firm or corporation by whom said
wages or salary are due or to become due, in the same manner that the
summons in chancery is now required by law to be served; provided, how-
ever, that no assignment of wages or salary by a married person shall be
valid unless the same is also executed and acknowledged as above by the
assignor's wife or husband, as the case may be.

As to the attachment of wages, see art. 9, secs. 33 and 34.

Secs. 11-17 do not violate State or Federal Constitutions; police power. These sec-
tions not repealed by "Petty Loans" Act. No substantial distinction between salary
and wages. Wight v. B. & O. R. R. Co., 146 Md. 68.

Secs. 11-17 referred to in holding art. 58A, sec. 17, valid. Palmore v. B. & O. R. Co.,
156 Md. 7.

See art. 58A, sec. 19.

An. Code, 1924, sec. 12. 1912, sec. 12. 1906, ch. 399.

12. Proof of said service, as provided for in the preceding section, shall
be by an admission thereof in writing by the person, firm or corporation,
his, their or its agent on the original assignment, which admission of service
shall also be entered by said justice of the peace upon his docket within two
days thereafter.
See notes to sec. 11.

An. Code, 1924, sec. 13. 1912, sec. 13. 1906, ch. 399.

13. In addition to said acknowledgment to be made by said assignor,
he or she, as the case may be, shall make affidavit that he or she has not
paid, and will not, directly or indirectly, pay more than the legal rate
of six per centum per annum on any sum borrowed, or permit a deduction
from said sum so loaned to him or her at the time of said loan, or any time
thereafter, of more than a sum equivalent to six per centum per annum for
the time said loan is made.

An. Code, 1924, sec. 14. 1912, sec. 14. 1906, ch. 399.

14. The term "assignment," as used in sections 11 to 17, shall include
every assignment, transfer, sale, pledge, mortgage or hypothecation, how-
ever made or attempted, of the wages or salary of any person, or of any
interest therein.

An. Code, 1924, sec. 15. 1912, sec. 15. 1906, ch. 399.

15. Whenever any assignment of the wages or salary of any person
or persons shall be given as security for a loan tainted with usury, or shall
be given to secure the payment or fulfillment of a usurious contract or the
payment of the principal or interest of a usurious debt, such assignment
shall be absolutely void.

As to interest and usury, see art. 49.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 351   View pdf image (33K)
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