I am not a lawyer, I am a Judgment and Collections 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.
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.
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.
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 the 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:
Your Name (your capacity - assignee of record or judgment creditor) Your Address 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
Pat Plaintiff vs. Dave Defendant
ASSIGNMENT AND RESTRAINING ORDER Date: June 17, 2010 Time: 1:00 P.M. Dept: 14
This motion, was brought before this court by Mark D. Shapiro, 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 the 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 Mark D. Shapiro, 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 Mark D. Shapiro 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.
Dated: __________________
Signed: __________________
Honorable John Justice, Judge of the Superior Court
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