§ 708.510. — 708.510. (Amended by Stats. 1992, Ch. 163, Sec. 51.)

California § 708.510.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Div.: 2.
• Title: 9.
• Part 2.: DIVISION 2. ENFORCEMENT OF MONEY JUDGMENTS
• Ch. 6.: CHAPTER 6. Miscellaneous Creditors’ Remedies
• Art. 6.: ARTICLE 6. Assignment Order

Text

(a)
Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:
(1)
Wages due from the federal
government that are not subject to withholding under an earnings withholding order.
(2)
Rents.
(3)
Commissions.
(4)
Royalties.
(5)
Payments due from a patent or copyright.
(6)
Insurance policy loan value.
(b)
The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail.
(c)
Subject to subdivisions (d), (e), and (f), in determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:
(1)
The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.
(2)
Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.
(3)
The amount remaining due on the money judgment.
(4)
The amount being or to be received in satisfaction of the right to payment that may be assigned.
(d)
A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment.
(e)
When earnings or periodic
payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).
(f)
Where a specific amount of the payment or payments to be assigned is exempt by another statutory provision, the amount of the payment or payments to be assigned pursuant to subdivision (a) shall not exceed the amount by which the payment or payments exceed the exempt amount.

Legislative History

Amended by Stats. 1992, Ch. 163, Sec. 51. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.