California Assignment Order Laws

I am not a lawyer, I am a Judgment and Collection Agency Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.
 
This article summarizes and comments on the most common California civil laws concerning assignment orders.

The text of the California laws mentioned in this article have not been included, because they can be found with a web search. It is very important to know the laws for your state.

California has two sets of civil laws - one set covers the general rights and obligations, for the people and entities in California, and they are called the California Civil Codes.

The other set of California civil laws are the California Codes Of Civil Procedures (CCP), that cover details about courts, procedures, and the implementation of the civil laws in California.

These are the California laws that directly address assignment orders:

CCP 708.510 - This is the most important law about assignment orders, it lists the types of incomes that can be reached, and what must be included in assignment orders. This law says the judgment debtor can be served by mail.

This law does not specify how third parties that owe the judgment debtor may be served. One option is to have all parties served personally. That way, if a party does not comply, you can ask the court to issue contempt of court penalties, or you might be able to start a lawsuit against them.

To save money, perhaps have the parties served by mail first. When the parties sending the monies are served, without giving legal advice, politely make sure they understand what the order says. If they do not respond, politely contact them, then have them personally served if necessary.

CCP 708.520 - This law covers optional restraining orders that must be personally served on the judgment debtor, warning them not to play any shenanigans, and to obey the court's order.

CCP 708.530 - This law refers one to Civil Code 955.1, which covers topics such as the details and priorities of payments. 708.530 also states that assignment orders may be recorded as a lien.

CCP 708.540 - This law is common sense, the entity paying your debtor is not obligated to pay you, until after they are served notice of the assignment order.

CCP 708.550 - This law explains how a judgment debtor could claim that the income stream being assigned is exempt, which means the creditor will be served for another hearing to decide the matter.

CCP 708.560 - This law allows assignment orders to be amended or canceled by either party, and requires service on the other party, and another court hearing.

These are some of the other California laws that affect assignment orders:

CCPs 706.010 and 706.011 - This are the wage garnishment laws, that regulate how earnings may be levied to pay a judgment debt, and has legal definitions of the involved parties.

While one could claim that assignment orders do not have to follow CCPs 706.010 and 706.011, most judges prefer to approve orders that comply with the spirit of CCPs 706.010 and 706.011.

CCP 708.610 - This law allows a receiver to be appointed if necessary.

California Civil Code Section 955.1 - This law defines how levies and third-parties have to follow commercial codes. Also, how third parties must respond, and how third parties cannot easily avoid paying what is owed to the judgment debtor, unless they are involved with a public utility, which is rare.

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