by Michael Papuc

Attorney at Law

44 Montgomery Street, Suite 2405

San Francisco, California 94104

415-773-1755

 

San Francisco Attorney Michael Papuc represents clients in collection and bankruptcy matters.

Very often judgment debtors will do all they can to hide their assets, and prevent collection efforts.  A judgment creditor can take a debtor’s examination to find out the types of assets the debtor has, and if the debtor has money coming to him or her from any source, the court can issue an order assigning future payments owed the debtor to the judgment creditor.   This works well if the debtor owns rental property or has accounts receivables.

Code Civ. Proc. § 708.510 states that the court may order the judgment debtor to assign rights to payments due (Code Civ. Proc. § 708.510(a)).   Other provisions of the statutory scheme indicate the assignment may be ordered directly by the court. For example, the statutes contain language such as “order an assignment,” “right to payment may be assigned,” “assignment of payments,” “order assigning the right to payments” and “reassignment of the right to payments” (see Code Civ. Proc.§§ 708.510(c),(d),(e) & (f), 708.530, 708.540, 708.560(b)).