1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) ASSIGNMENT ORDER, AND FOR ORDER
13 vs. ) RESTRAINING JUDGMENT DEBTOR;
) MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 ) AUTHORITIES; DECLARATION OF
) _________________________, EXHIBITS
15 Defendants. )
) DATE:
16 ) TIME:
) DEPT:
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19 TO DEFENDANT ______________________, AND THEIR ATTORNEYS OF RECORD:

20 PLEASE TAKE NOTICE that on __________________, at __.M., or as soon after that as the
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matter can be heard, Department, ___ of the above-entitled court located at
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_____________________________________________, plaintiff and Judgment Creditor will and
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does move the Court for an order instructing the Judgment Debtor to assign the Judgment Debtors
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25 interest in __________________________________________________________, and all rights to

26 payment thereunder, to the Judgment Creditor to the extent necessary to pay the Judgment in full,
27
including accrued interest through the date of payment.
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 1 The Judgment Creditor will also move the Court for an order restraining the Judgment Debtor
2 and any servant, agent, employee or attorney for the Judgment Debtor and any person(s) in active
3
concert and participating with the Judgment Debtor from encumbering, assigning, disposing or
4
spending his interest in ________________________________________, and all rights to payment
5

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thereunder.

7 This Motion is made on the grounds that the Judgment Creditor has a Judgment against the

8 Judgment Debtor, said Judgment was entered on __________________, in the total amount of
9
$___________, the balance due on which, including accrued interest to the date of this notice is,
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$______________, and that the Judgment Debtor has an assignable right to the payment described
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herein, and that there is a need to restrain the Judgment Debtor.
12

13 The Motion shall be based upon this notice, the attached Memorandum of Points and

14 Authorities in support thereof, the files and records of this case, the declarations of
15
___________________________and Exhibits attached thereto, filed and served herewith, and on any
16
other documentary evidence and oral argument that may be presented at the hearing of this Motion.
17

18
Dated________________ _______________________________________________
19 ANY ATTORNEY OR PARTY

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 1 MEMORANANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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Judgment was entered in favor of __________ and against __________ on _________. The
5

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total amount of the judgment entered was $________.

7 Be sure to modify these paragraphs to suit your individual

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situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation.
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II.
12

13 ARGUMENT

14 A. THE COURT MAY ORDER THE JUDGMENT DEBTOR TO ASSIGN A

15
RIGHT TO PAYMENT TO THE JUDGMENT CREDITOR
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Code of Civil Procedure section 708.510 authorizes a Court to issue an order directing the
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Judgment Debtor to assign to a Judgment Creditor, all or part of a right to payment due, or to become
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19 due, including wages due from the federal government that are not subject to withholding under an

20 earnings withholding order, rents, commissions, royalties, payments due from a patent or copyright,
21
insurance policy loan value, accounts receivable, general intangibles, judgments and instruments.
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Although the Court may take into consideration all relevant factors, the sole constraints
23
placed on the Court are that the right to payment be assigned only to the extent necessary to satisfy
24

25 the creditors money judgment and that, where part of the payments are exempt, the amount of the

26 payments assigned should not exceed the difference between the gross amount of the payments and
27
the exempt amount.
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 1 To purchase the entire 11 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-for-
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assignment-order-for-california
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