{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-31.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-31.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-31.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-31.html"}],"law_id":73386,"edition_id":1,"section_id":73386,"structure_id":15932,"section_number":"40.1-31","catch_line":"Assignment of wages and salaries; requirements","history":"Code 1950, \u00a7 40-30; 1970, c. 321.","full_text":"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 of such employer given to the creditor or assignee, unless and until all of the following requirements have been fully met:\n\n1\n\nSuch assignment is printed in type not smaller than pica, is a separate instrument not incorporated in or made a part of any other contract or instrument, and is plainly designated “Wage Assignment.”2\n\nSuch 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 is 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 § 8.01-13.3\n\nThe name of 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.4\n\nThe assignor is, at the time of the execution of the assignment, employed by the employer therein named.5\n\nTen days before any notice of the assignee’s intention to enforce the terms of the assignment is served upon the employer, the assignee gives the assignor notice in writing sent by mail to his last known address that default has been made in his obligation.6\n\nNotice of the assignee’s intention to enforce the terms of an assignment has been served on the employer by an officer or other person authorized to serve civil process. Such notice shall be valid to make the assignment effective only from the time it is served.7\n\nWhenever the assignor changes his employment after executing an assignment contemplated by this section then any assignee who has otherwise fully complied with the provisions of this section may enforce his assignment against the new employer of the assignor provided that he mails a copy of the assignment to the 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 subdivision (5) hereof.","order_by":null,"text":{"0":{"id":264092,"text":"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 of such employer given to the creditor or assignee, unless and until all of the following requirements have been fully met:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":264093,"text":"Such assignment is printed in type not smaller than pica, is a separate instrument not incorporated in or made a part of any other contract or instrument, and is plainly designated “Wage Assignment.”","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":264094,"text":"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 is 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 § 8.01-13.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":264095,"text":"The name of 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":264096,"text":"The assignor is, at the time of the execution of the assignment, employed by the employer therein named.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":264097,"text":"Ten days before any notice of the assignee’s intention to enforce the terms of the assignment is served upon the employer, the assignee gives the assignor notice in writing sent by mail to his last known address that default has been made in his obligation.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":264098,"text":"Notice of the assignee’s intention to enforce the terms of an assignment has been served on the employer by an officer or other person authorized to serve civil process. Such notice shall be valid to make the assignment effective only from the time it is served.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":264099,"text":"Whenever the assignor changes his employment after executing an assignment contemplated by this section then any assignee who has otherwise fully complied with the provisions of this section may enforce his assignment against the new employer of the assignor provided that he mails a copy of the assignment to the 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 subdivision (5) hereof.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":15932,"edition_id":1,"name":"Pay; Assignment of Wages; Sale of Merchandise to Employees","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 04:02:15","date_modified":"2026-06-26 04:02:15","permalink":{"id":219935,"object_type":"structure","relational_id":15932,"identifier":"2","token":"40.1\/3\/2","url":"\/40.1\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79349,"structure_id":15932,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","url":"\/40.1-29\/","token":"40.1\/3\/2\/40.1-29","metadata":false},{"id":83210,"structure_id":15932,"section_number":"40.1-29.1","catch_line":"Investigations of employers for nonpayment of wages","url":"\/40.1-29.1\/","token":"40.1\/3\/2\/40.1-29.1","metadata":false},{"id":68305,"structure_id":15932,"section_number":"40.1-29.2","catch_line":"Employer liability","url":"\/40.1-29.2\/","token":"40.1\/3\/2\/40.1-29.2","metadata":false},{"id":85508,"structure_id":15932,"section_number":"40.1-29.3","catch_line":"Overtime for certain employees","url":"\/40.1-29.3\/","token":"40.1\/3\/2\/40.1-29.3","metadata":false},{"id":63574,"structure_id":15932,"section_number":"40.1-30","catch_line":"Registration of certain nonresident employers with Department","url":"\/40.1-30\/","token":"40.1\/3\/2\/40.1-30","metadata":false},{"id":73386,"structure_id":15932,"section_number":"40.1-31","catch_line":"Assignment of wages and salaries; requirements","url":"\/40.1-31\/","token":"40.1\/3\/2\/40.1-31","metadata":false},{"id":67989,"structure_id":15932,"section_number":"40.1-32","catch_line":"Partial assignments invalid","url":"\/40.1-32\/","token":"40.1\/3\/2\/40.1-32","metadata":false},{"id":61940,"structure_id":15932,"section_number":"40.1-33","catch_line":"Certain assignments not affected","url":"\/40.1-33\/","token":"40.1\/3\/2\/40.1-33","metadata":false},{"id":77516,"structure_id":15932,"section_number":"40.1-33.1","catch_line":"Retaliatory actions prohibited; civil penalty","url":"\/40.1-33.1\/","token":"40.1\/3\/2\/40.1-33.1","metadata":false},{"id":80654,"structure_id":15932,"section_number":"40.1-33.2","catch_line":"Discriminatory actions prohibited","url":"\/40.1-33.2\/","token":"40.1\/3\/2\/40.1-33.2","metadata":false}],"previous_section":{"id":63574,"structure_id":15932,"section_number":"40.1-30","catch_line":"Registration of certain nonresident employers with Department","url":"\/40.1-30\/","token":"40.1\/3\/2\/40.1-30","metadata":false},"next_section":{"id":67989,"structure_id":15932,"section_number":"40.1-32","catch_line":"Partial assignments invalid","url":"\/40.1-32\/","token":"40.1\/3\/2\/40.1-32","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-31\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1970, chapter 321.<\/p>","references":[{"id":61940,"section_number":"40.1-33","catch_line":"Certain assignments not affected","order_by":null,"url":"\/40.1-33\/"},{"id":69441,"section_number":"63.2-1945","catch_line":"Assignment of earnings to be honored; inapplicability of \u00a7 40.1-31","order_by":null,"url":"\/63.2-1945\/"}],"refers_to":false,"permalink":{"id":219957,"object_type":"law","relational_id":73386,"identifier":"40.1-31","token":"40.1\/3\/2\/40.1-31","url":"\/40.1-31\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-31\/","token":"40.1\/3\/2\/40.1-31","dublin_core":{"Title":"Assignment of wages and salaries; requirements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-31","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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<\/span> of the assignor, except with the express consent in writing of such employer<\/span> given to the creditor<\/span> or assignee, unless and until all of the following requirements have been fully met:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such assignment is printed in type not smaller than pica, is a separate instrument not incorporated in or made a part of any other contract<\/span> or instrument, and is plainly designated “Wage Assignment.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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 is mailed to the employer<\/span> therein named within fifteen days after the execution thereof; provided, however, that such copy mailed to the employer<\/span> shall be for his information only, and shall not be construed as giving such employer<\/span> legal notice of the assignee’s intention to enforce the terms thereof or as constituting the notice referred to in § 8.01-13<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The name of employer<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The assignor is, at the time of the execution of the assignment, employed by the employer<\/span> therein named. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Ten days before any notice of the assignee’s intention to enforce the terms of the assignment is served upon the employer<\/span>, the assignee gives the assignor notice in writing sent by mail to his last known address that default<\/span> has been made in his obligation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Notice of the assignee’s intention to enforce the terms of an assignment has been served on the employer<\/span> by an officer or other person authorized to serve civil process. Such notice shall be valid to make the assignment effective only from the time it is served. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Whenever the assignor changes his employment after executing an assignment contemplated by this section then any assignee who has otherwise fully complied with the provisions of this section may enforce his assignment against the new employer<\/span> of the assignor provided that he mails a copy of the assignment to the new employer<\/span> within fifteen days after learning of such change of employment and gives the same notice or notices to the new employer<\/span> as is required to be given to the original employer<\/span> and complies with the conditions of subdivision (5) hereof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nASSIGNMENT OF WAGES AND SALARIES; REQUIREMENTS (\u00a7 40.1-31)\n\nNo assignment, transfer, pledge or hypothecation of wages or salary due or to\nbecome due to any person shall be valid and enforceable against any employer of\nthe assignor, except with the express consent in writing of such employer given\nto the creditor or assignee, unless and until all of the following requirements\nhave been fully met:\n\n1. Such assignment is printed in type not smaller than pica, is a separate\ninstrument not incorporated in or made a part of any other contract or\ninstrument, and is plainly designated “Wage Assignment.”\n\n2. Such assignment is executed in triplicate and in person by the assignor, is\ndated on the date on which it is executed, one executed copy thereof is\ndelivered to the assignor, and one executed copy is mailed to the employer\ntherein named within fifteen days after the execution thereof; provided,\nhowever, that such copy mailed to the employer shall be for his information\nonly, and shall not be construed as giving such employer legal notice of the\nassignee’s intention to enforce the terms thereof or as constituting the\nnotice referred to in § 8.01-13.\n\n3. The name of employer of the assignor is written therein before the signing\nthereof and the total amount, if any, which is to be secured thereby is plainly\nstated therein.\n\n4. The assignor is, at the time of the execution of the assignment, employed by\nthe employer therein named.\n\n5. Ten days before any notice of the assignee’s intention to enforce the\nterms of the assignment is served upon the employer, the assignee gives the\nassignor notice in writing sent by mail to his last known address that default\nhas been made in his obligation.\n\n6. Notice of the assignee’s intention to enforce the terms of an\nassignment has been served on the employer by an officer or other person\nauthorized to serve civil process. Such notice shall be valid to make the\nassignment effective only from the time it is served.\n\n7. Whenever the assignor changes his employment after executing an assignment\ncontemplated by this section then any assignee who has otherwise fully complied\nwith the provisions of this section may enforce his assignment against the new\nemployer of the assignor provided that he mails a copy of the assignment to the\nnew employer within fifteen days after learning of such change of employment and\ngives the same notice or notices to the new employer as is required to be given\nto the original employer and complies with the conditions of subdivision (5)\nhereof.\n\nHISTORY: Code 1950, \u00a7 40-30; 1970, c. 321.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}