Sample Motion For Assignment Order For California
Sample Motion For Assignment Order For California
Sample Motion For Assignment Order For California
Any Street
2 Any Town, CA 55555
3 714-555-5555
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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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26 payment thereunder, to the Judgment Creditor to the extent necessary to pay the Judgment in full,
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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
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concert and participating with the Judgment Debtor from encumbering, assigning, disposing or
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spending his interest in ________________________________________, and all rights to payment
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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
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$___________, the balance due on which, including accrued interest to the date of this notice is,
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$______________, 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.
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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
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___________________________and Exhibits attached thereto, filed and served herewith, and on any
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other documentary evidence and oral argument that may be presented at the hearing of this Motion.
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Dated________________ _______________________________________________
19 ANY ATTORNEY OR PARTY
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1 MEMORANANDUM OF POINTS AND AUTHORITIES
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STATEMENT OF FACTS
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Judgment was entered in favor of __________ and against __________ on _________. The
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total amount of the judgment entered was $________.
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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.
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13 ARGUMENT
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,
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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
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placed on the Court are that the right to payment be assigned only to the extent necessary to satisfy
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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
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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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