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Assignment Order Wordings
This article is one of my series of assignment order articles. This one includes a simple example of a template for an assignment order combined with a civil restraining order.
An assignment order can intercept income streams going to your judgment debtor. It requires a new court hearing, and must be served on all other parties. Assignment orders cannot be served on non-debtor companies, however a turnover order can probably be used to get shares of a debtor's stock ownership in a non-debtor company.
One problem can be, as soon as the judgment debtor, or those paying your judgment debtor, are served with an assignment order, one of them might suspend or divert payments, to thwart the creditor.
For this reason, it is sometimes a good idea to include restraining order wordings in assignment orders. At the end of this article is a template for a simple assignment order that includes a civil restraining order. In general, TRO statute and case authorities support the proposition that you can get temporary injunctive relief against any person or situation that poses risk of harm or damages, either the judgment debtor and the obligor until the time of an assignment order hearing. Sometimes, as an alternative, one can serve a third-party levy or a third-party OEX to get a lien. One could theoretically get a turnover order at the conclusion of the third-party OEX.
My articles and templates are in no way a replacement for proper legal advice. Always consult with a lawyer on your first assignment order.
Assignment orders require a lot of paperwork, that must be served. In addition to an order, as discussed in this article, a Memorandum of Points and Authorities, a Motion, a Notice of Motion (or Entry of Order), and proofs of service are also all usually required.
Often, proposed orders are submitted to the court, and the judge may tell you to modify your order, and then resubmit the proposed order to the court clerk later, for the judge's signature.
This is a simple example of an assignment order, with a restraining order I have used (names and dates have been changed):
Your Name (your capacity - assignee of record or judgment creditor)
Your City, State, and Zip
Your Email address and Phone Number
SUPERIOR COURT OF THE (YOUR STATE) OF YOUR STATE COUNTY OF (YOUR COUNTY), YOUR DIVISION (civil, small claims, etc.)
Case # 123456789
ASSIGNMENT AND RESTRAINING ORDER
Date: June 17, 2010
Time: 1:00 P.M.
This motion, was brought before this court by so and so, the assignee of record for this judgment, that was rendered by this court on 07/07/2007.
The assignee of record was heard on June 17, 2010, before Hon. John Justice, Judge Presiding, in Department 14 of the above entitled court.
Judgment Debtor Dave Defendant, having been duly served with notice of this motion, (either appeared, or failed to appear and did not oppose the motion).
The Court, having considered CCP 708.520 and CCP 527, and this motion and with good cause appearing:
IT IS ORDERED that assignee of record's motion be hereby granted as follows:
All payments due, or to become due to Judgment Debtor Dave Defendant from Joe's Garage, are hereby assigned to assignee of record So and So, to the extent necessary to pay this judgment with accrued interest and costs in full through the date of final payment.
Both Joe's Garage and Judgment Debtor Dave Defendant, and any servant, agent, employee, attorney, and any person(s) in active concert and participating with the Judgment Debtor Dave Defendant or Joe's Garage are hereby restrained from encumbering, assigning, disposing, lending, or spending commission fees, bonuses, regular payments, and all other payments for services performed by Judgment Debtor Dave Defendant, or paid to Dave Defendant from or by Joe's Garage, to the extent necessary to pay assignee of record so and so to satisfy the judgment herein.
NOTICE IS HEREBY GIVEN THAT FAILURE BY THE JUDGMENT DEBTOR DAVE DEFENDANT OR JOE's GARAGE, TO COMPLY WITH THIS ORDER MAY SUBJECT THEM TO BEING HELD IN CONTEMPT OF COURT.
Honorable John Justice, Judge of the Superior Court
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