Assignment Order

Assignment Order-76
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.Judge Fasciale has become the Presiding Judge of Part B, a position previously held by Judge Simonelli. Judge Ronald Susswein is on Part E, Judge Messano’s Part, while Judge Catherine Enright will serve on Part H, under the leadership of Judge Fuentes.

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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.

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.

Other things may happen to thwart any enforcement action or strategy.

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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.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.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.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.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. 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.An assignment order might be the right (although paperwork intensive) way to try to satisfy your judgment.This article covers assignment orders in California.

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