Assignment Order

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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.

An assignment order might be the right (although paperwork intensive) way to try to satisfy your judgment.

This article covers assignment orders in California.

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.

In addition to Judge Simonelli, names no longer appearing on the roster of Appellate Division judges are Judges Reisner and O’Connor. A special note, however, about Judge Reisner, before whom I have appeared many times, including in some very complex matters (I recall only one appeal that I argued before Judge Simonelli and none before Judge O’Connor, so no disrespect is meant to them).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.Like most court orders and judgments, nothing is guaranteed.The judgment debtor could file for bankruptcy protection.Chief Justice Rabner has issued the general Assignment Order for 2019-2020. As occurs every year, the eight Appellate Division Parts have been reshuffled. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino as Deputy Presiding Judge for Administration.Those two judges, as well as Judges Koblitz, Alvarez, Fisher, Yannotti, and Fuentes remain as Presiding Judges of their respective Parts.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.


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