assignment order california

Assignment Orders

Judgement execution.

Use An Assignment Order To Collect The Money You Are Owed

Collecting a debt can be a challenge — especially against a debtor who is self-employed. When debtors are self-employed, more common forms of judgment enforcement, such as wage garnishments, may not work. Instead, more creative forms of debt collection are necessary.

At the Law Office of Bryan M. Grundon, we investigate every possible source of income. If your debtor is owed money, attorney Grundon will find out, and then use an assignment order to redirect those payments to you.

Located in San Diego, our firm helps businesses and individuals throughout Southern California enforce judgments and collect the debts they are owed. We can help you. Call our office at 858-705-0346 for a consultation.

WHAT IS AN ASSIGNMENT ORDER?

An assignment order is a debt collection tool that allows you to redirect any payments your debtor is receiving to you. Common examples include:

• Rents and commissions from real estate
• Royalties, dividends and residuals
• Tax refunds
• Any payments made for work performed as an independent contractor

The order places a lien on these payments. When they come due, the payer must pay you — the creditor — instead of the debtor. If the payer does not redirect payments to you, it too becomes liable for failure to pay the funds.

EVERY DAY YOU WAIT IS ANOTHER DAY WITHOUT PAYMENT. STOP WAITING. CALL 858-705-0346.

Hiring a skilled execution lawyer is the most efficient way to collect debt. Get the money you are owed. Contact our firm today to get started.

This law firm is a debt collector. Any information obtained will be used for that purpose.

How to Enforce Spousal Support in California

• February 5, 2021February 1, 2021
• by Briana White

When your ex refuses to pay spousal support, is late on payments, or doesn’t give you the full amount, this can be understandably frustrating. Especially since the entire point of spousal support is to help a homemaker become economically independent after a divorce. Without this reliable, financial assistance, getting back on your feet becomes much more difficult. 

If a judge included spousal support in your divorce order, it isn’t optional. Your ex might not like you, or agree with the verdict, but the hard truth is, that court orders are as iron clad as any other law—the only difference being, that it’s personalized to you. And California courts don’t look kindly on law breaking.

If you need to enforce spousal support in California, here’s how that might look in your situation. 

Enforcing Spousal Support: Earnings Assignment

The easiest and fastest way to enforce spousal support in California, is to file an earnings assignment with your county clerk immediately after your divorce is finalized. An earnings assignment—also known as wage garnishment —is a legal document that requires your ex’s employer to pay you spousal support before giving them their take-home pay. This type of enforcement is automatically available to every California divorce. 

Filing an Earnings Assignment in California

The only requirement to filing an earnings assignment, is that your divorce is finalized. Once you have your support order from the judge, activate your earnings assignment by completing: 

• A Findings and Order After Hearing ( Form FL-340 ); 
• Any of the required attachments; and,
• An Earnings Assignment Order for Spousal or Partner Support ( Form FL-435 ). 

Upon completion, take the finished forms (and attachments) to your local clerk for signatures. After everything has been processed, you can pick them up and have copies properly served to both your ex and his or her employer. This is done via mail, and must be initiated by someone who is not a party to the case (meaning: you can’t do it yourself). Make sure to have your server fill out two proof of service forms (one for your ex, and one for the employer), as these will also need to be filed with the clerk.

Earnings Assignments Are Not Required

Although convenient and efficient, wage garnishment isn’t actually required. If both parties agree, an earnings assignment can always be “stayed,” or rather: put on hold. Though, it’s important to note, that a stay of earnings can always be reversed, if proper payments are not made on time in the future.  

How Long Before an Earnings Assignment Takes Effect?

Once everything has been filed and served, your ex’s employer will have ten days to begin deducting spousal support from the paycheck. If they do not, the employer could be held liable for payments in your ex’s stead. 

Enforcing Spousal Support in California: Other Tactics

If your ex falls behind on payments, or you are having trouble with an employer not meeting the terms of a valid earnings assignment, you may need to involved the court again. In these situations, a judge might reinstate an earnings assignment, or possibly hold an employer liable for noncompliance, if applicable. During this process, you will likely need to make an accounting of all missed payments, so that the increased amount can be included in the amount owed.

While it’s possible for you and your attorney to do these things on your own, if you are still having problems, at this point you might also want to consider soliciting outside help. 

Local Child Support Agency (LCSA)

One way to get help enforcing spousal support in California, is to open a case with your local child support agency (or LCSA). The LCSA is authorized to help enforce orders of both spousal support and child support , and they can do so at no charge to you . 

The biggest benefit to using the LCSA, is the arsenal of enforcement tools they have at their disposal—tools that certainly aren’t available to the average citizen. To enforce spousal support in California, the LCSA can: 

• Report all late and missed payments to major credit reporting agencies, detrimentally effecting credit scores; 
• Notify the U.S. State Department, who can place a holds on the passport of any individual owing $2,500 or more in support payments; 
• Put a lien on your ex’s land or house, so that if the property is sold, profits can’t be collected on the proceeds until support payments are made; 
• Suspend any state-issued licenses, including any driver’s, business, or professional licensures your ex might have;
• Use the Franchise Tax Board to collect money from bank accounts, real property, deposit box cash, or even vehicles owned; 
• Notify the IRS to take support payments out of tax refunds before they issue anything to your former spouse; 
• Take the owed support out of unemployment benefits, or workers compensation; and even,
• Claim lottery winnings—if your ex happens to be so lucky. (And there’s definitely some satisfying karma in that, we think.) 

As you can see, the tactics used by the LCSA are much more motivating than anything you can do on your own, and since they’re available at no cost to you, it might make a lot of sense to just skip the drama, and involve them in your case as soon as possible. 

Contempt of Court

In extreme cases, it might be necessary to enforce spousal support by holding your ex in contempt of court. Unlike divorce cases, which are held in civil court, a charge of contempt is a very serious criminal charge, and could result in jail time.

When deciding on contempt, the judge will analyze whether or not the support was withheld on purpose—particularly if your ex was able to pay, but just decided not to. Because while you can’t (technically) get thrown in jail for being in debt, intentionally ignoring a court order can definitely get you there. This is usually a measure of last resort, though, and most judges will attempt to find a reasonable solution before putting anyone behind bars. 

Spousal Support Modification

Because there are such serious consequences attached to not paying spousal support, if you are on the paying end and cannot fulfill the court’s order, it’s important you notify them as soon as possible. The court understands that life is unpredictable, and circumstances change. That’s why there are ways to modify a spousal support agreement—ones that don’t involve enraging the Powers at Be for not paying (which, really, is never a good idea). 

Communication is the biggest key, here. As soon as you are aware of the change in circumstance, don’t wait. Notify the court, and fill out the necessary forms to initiate a hearing to modify. Amount changes cannot be applied retroactively, so acting fast is critical, as you’ll still be on the line for the original amounts, however long it takes you to get the wheels rolling. 

Depending on the reasons for your request, the court may reduce the amount, though they’re unlikely to eliminate altogether.

Attorneys to Enforce Spousal Support in California

For many divorcees, spousal support is a critical means of income in the post-divorce era, and not receiving these funds in full and on time can be extremely stressful and financially crippling. 

If you are entitled to receive regular spousal support, and are not getting it, we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today. With our assistance, we can make sure you receive the funds you’re entitled to, without the stress and headache of going it alone.

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JudgmentBuy

(888) 747-4007, assignment orders, august 9, 2023.

I am not a lawyer, I am a Judgment Broker. This article is my opinion, based on my experience in California, and laws vary in each state. If you ever need legal advice or a strategy to use, please contact a lawyer.

What if your judgment debtor does not have a regular wage job, and gets paid by customers, relatives, renters or tenants, or most anyone else?

An assignment order might be the right (although paperwork intensive) way to try to satisfy your judgment. This article covers assignment orders in California. It is very important to know your state laws, and if and how assignment orders are allowed.

Assignment orders are (noticed motion) court orders that require a new court hearing, and must be properly served on the other parties. Assignment orders may be able to capture most kinds of (current and future) non-wage income streams.

Assignment orders cannot be served on (non-related) 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.

Because assignment orders are lawful alternatives to conventional levies, you do not (in California) need to get a writ of execution. Unlike regular levies, the money often gets turned over directly to you.

In some places, the court may require the Sheriff to be the levying officer. If that is the case, you will need to have a registered process server open a Sheriff levy file, and then have the assignment order served on the parties, and then file the proofs of service with the Sheriff. While personal service is needed to make your court order stick, you might want to fax the assignment order first, to catch any possible dispersements before they go out the door. Without personal service, one cannot get a contempt order if the third-party does not comply.

Assignment orders can capture most distributions, commissions, and almost any kind of K-1 income. If approved by a court, an assignment order instructs someone that owes money to your judgment debtor, to pay you instead of the judgment debtor.

In general, assignment orders are for corporations and charging orders are for LLPs or LLCs. Assignment orders are most useful when a debtor receives (non-exempt and non-retirement-based) income. Assignment orders may work, even when the debtor claims they are poor, because income is income. (Most truly poor judgment debtors do not have income streams.)

Sometimes judges will approve assignment orders to reach out-of-state asset streams, and sometimes a company in another state paying 1099 income to a contractor, may agree to comply with such an order, however if they do not comply, you have to sue them in their state. On California, the 1099 independent contractor third-party levy is responded to by returning a Memorandum of Garnishee (AT-167), which is also signed under penalty of perjury.

Assignment orders can be worded two ways. The first is where the employer is ordered by the court to send you the correct percentage, although some judges do not permit this, citing no authority over the employer. The other way is where the judgment debtor is accountable to pay you. The judgment debtor may not comply, however it is a court order, and if the judgment debtor is under the jurisdiction of the court, not complying may backfire on them.

Assignment orders can last as long as it takes to satisfy the judgment. Like most court orders and judgments, nothing is guaranteed. The judgment debtor could file for bankruptcy protection. Other things may happen to thwart any enforcement action or strategy.

In theory, assignment orders for non-exempt income, can ask for all of the income, not just 25% of the income, as most wage levies (garnishments) can reach.

If the judgment is small, or the debtor is rich, ask for 50-100%. If the judge does not think your proposed order is reasonable, compromise and aim for 25%. (Because CCP 708.510-f seems to be very similar to CCP 706.050.)

If the debtor is not rich, it may be smarter to ask for a percentage, instead of all of their income stream. In judgment enforcement, being too aggressive could increase the chance that the judgment debtor will file for bankruptcy protection.

Usually, judges do not rubber-stamp approvals on assignment orders for creditors. When the creditor clearly shows a synopsis of why an assignment order is appropriate, then a judge may approve their proposed order.

In court, y ou could document why you have no other reasonable way to enforce the judgment. You could also document any prior court-endorsed expenses and attempts that did not satisfy the judgment.

Assignment orders can also be used to reach income originating from other judgments, when your debtor is the creditor. An assignment order can order the debtor of your debtor to pay you instead of them (or the sheriff). Again, consider asking for a percentage.

The first step for any assignment order is learning who is paying your judgment debtor. A debtor exam, could subpoena enough judgment debtor documentation and information, to learn who to serve assignment orders to. Some debtors will pay, when their clients call them, and ask what is going on? In California, a judgment debtor exam creates a one-year “silent lien” on all their personal property, which might make you a secured creditor if they later file for bankruptcy protection. If your judgment debtors might be public employees this website:  transparentcalifornia.com  may confirm it and provide you with information about their salaries and benefits.

Assignment orders can be general, and not list specific names. They can say “25% of all monies due to the judgment debtor from clients he performs accounting services for”. Then, you can serve the assignment order on whoever pays the debtor, including any of their new clients you later discover, after the assignment order is issued.

Another general example would be “The tenant residing at 22 First Street will pay you”. That way, if the tenant moves and someone new moves in, you can have the same assignment order served on the new tenant. If the judge will not allow a generic order, you can find out who is renting, one legal way or another.

Although some lawyers will point out that rent only becomes due in the event of a default, and cannot be assigned: Another point of view is: An assignment of rents clause includes rents as additional security to the real estate described in a Deed of Trust. The deed of trust transfers to the lender (beneficiary of the Deed Of Trust) the right to collect rental income following a default by the borrower/debtor (trustor).

The assignment of rents clause establishes a present security interest (lien) on existing and future rents, issues, and profits from the debtor’s property. Once the Deed Of Trust is recorded, the lien is perfected, giving constructive notice to all of the lender’s security interests, and has priority over all subsequent interests in the rents (e.g., from an assignment order granted to a judgment creditor).

However, a lender generally can only exercise their security interest in any rents after the borrower has defaulted under the Deed Of Trust. This circumstance may interfere with your assignment order, however to exercise their rights to rents by, a lender must enforce their right to the rents by either:

1) delivering written demand on the owner for future rents (and to all other recorded interests in the rents),

2) delivering written demand to the tenants for the future rents (and to all other recorded interests in the rents),

3) having a receiver appointed judicially, or

4) obtaining possession of the rents non-judicially.

So, when you get an assignment order for the rents, be sure it has the exact legal description of the property in it so that you can record it, thus perfecting your interest ahead of any subsequent creditors. Collect your rents until the judgment is paid off. As long as a lender has not enforced his rights under the clause you should be good. If the lender does enforce, they should notice you by sending you the required notice (they have constructive notice of your interest because you recorded it).

If you are noticed by a lender that they are exercising their right to the rents, you must stop collecting and inform the tenants to discontinue sending you any subsequent rents. However, this does not always happen, most lenders simply choose to enforce their interest against the property by foreclosing against the borrower. There is usually a one form of action rule, however a lender’s enforcement of it’s collection rights is usually not considered to be an action, in California, see Civil Code 2938.

Sometimes, after being served an assignment order, the third-parties still pay the judgment debtor instead of you. Even if they mistakenly pay the judgment debtor, they still owe you that payment.

It is good practice to get certified copies of the assignment order, to quickly serve on parties and/or their lawyers, so they cannot claim they did not believe it to be genuine.

As with any courts hearings – with assignment orders; obeying court rules, state laws, and a substantial paperwork load is required.

Often, assignment order paperwork is usually in 5-6 parts. For example, an Assignment Order (which cannot be served ex-parte), (an optional) Temporary Restraining Order. In California, this is covered by CCP 708.520. A Temporary Restraining Order (TRO) is only to restrain the judgment debtor from assigning his rights to the payment stream pending a motion, it does not restrain the payor from paying anyone. The package is the TRO to lock up the funds, a Memorandum of Points and Authorities, a Motion, a Notice of Motion (or Entry of Order), and Proofs Of Service, that are filed with the court. When the stakes are big, consider asking the court to appoint a receiver to make distributions.

A restraining order is a temporary restraining order, which can be obtained with an ex-parte appearance (no notice) in the law and motion department, without notice to the opposing party. Have your process server ready to serve the opposing party immediately after the judge issues the order because it will not be effective until you have served them.

The Notice of Motion (Entry of Order) and the Motion (Order) are sometimes combined into one document. You need to make several copies of all documents, schedule a hearing date at the court, and have the judgment debtor served everything.

In California, CCP 708.510 specifies the debtor can be served by mail. Bring the proof of service to the court, and appear at the court hearing. (If the income is wages, use form FL 435.)

If your order is granted, serve a copy of the order on the judgment debtor by mail, and the parties that will be paying you by mail first. If they do not respond, contact them politely, and if necessary, have them re-served personally.

Please consult with a lawyer when you do your first assignment order.

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Orange County Family Law Attorney

Enforcing Orders of Support

There are several options for enforcing child and spousal support orders, and child custody rulings.

A contempt charge is applied to a party that doesn’t comply with an order despite full awareness of its existence and the party’s capability to meet its requirements. In order to find someone in contempt, the charge must be proven “beyond a reasonable doubt,” which puts the burden of proof on the accusing party. Violations, such as failing to pay child support or abide by custody orders, are two examples that could lead to a contempt charge. Then penalties include jail time and fines.

Wage Assignment Order

California law requires that courts issue an earnings assignment for all support orders. This means the payor spouse’s employer must directly pay support to its recipient. This is mandatory for courts making or modifying a support order [Ca Fam Sec.5230(a)].

The one exception is when the parties agree on support. If the responsible party fails to make regular payments, then the Wage Assignment Order requires the employer pay the support out of the payor’s paycheck.

Writ of Execution

This type of writ enables a person to request the court order the liquidation of an individual’s assets and have the funds transferred to the owed party. A writ of seizure can be executed against property as well as bank and deposit accounts in order to satisfy past-due support payments.

Motion for Determination of Arrearages

A motion for determination of arrearages comes into play when there is a dispute over the amount of support one party owes another. If the amount is significant, this motion can lead to a court hearing intended to discover the total amount of support in question. Both sides of the dispute can petition for this type of hearing. A district attorney can also use a motion for determination of arrearages when a spouse disputes the back support they owe. The total amount of calculated support can include a significant rate of 10% per year.

Child Support Security Account/Electronic Funds Transfer

In some cases, spouses who are required to provide child support can be asked to deposit as much as a year’s worth of payments into an interest-bearing account held in trust for the child. Typically this is used to ensure continuous support from individuals that move between employers or are self-employed. The account acts as a guaranteed child support payment. If necessary, disbursements from this account will cover any payments that are overdue by 10 days or more [California Family Code Sections 4560, 4561, 4570] .

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