§ 708.510.Generally

Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 6. Assignment Order · Last amended 1994 · Last verified July 28, 2026

In one sentenceSection 708.510 authorizes the court, on the judgment creditor's noticed motion, to order the debtor to assign to the creditor or a court-appointed receiver all or part of a right to future payment such as rents, commissions, royalties, or patent and copyright payments, weighing factors like the debtor's needs and other obligations.

Full Text of § 708.510

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments, including but not limited to the following types of payments:

(1) Wages due from the federal government that are not subject to withholding under an earnings withholding order.

(2) Rents.

(3) Commissions.

(4) Royalties.

(5) Payments due from a patent or copyright.

(6) Insurance policy loan value.

(b) The notice of the motion shall be served on the judgment debtor. Service shall be made personally or by mail.

(c) Subject to subdivisions (d), (e), and (f), in determining whether to order an assignment or the amount of an assignment pursuant to subdivision (a), the court may take into consideration all relevant factors, including the following:

(1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor.

(2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support.

(3) The amount remaining due on the money judgment.

(4) The amount being or to be received in satisfaction of the right to payment that may be assigned.

(d) A right to payment may be assigned pursuant to this article only to the extent necessary to satisfy the money judgment.

(e) When earnings or periodic payments pursuant to a pension or retirement plan are assigned pursuant to subdivision (a), the amount of the earnings or the periodic payments assigned shall not exceed the amount that may be withheld from a like amount of earnings under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law).

(f) Where a specific amount of the payment or payments to be assigned is exempt by another statutory provision, the amount of the payment or payments to be assigned pursuant to subdivision (a) shall not exceed the amount by which the payment or payments exceed the exempt amount.

End

Plain-English Summary

This section opens Article 6 by giving the court power to redirect a debtor's incoming payments to the creditor. On the creditor's noticed motion, served on the debtor personally or by mail, the court can order the debtor to assign all or part of a right to payment, even one that has not yet come due or is conditioned on something happening in the future.

Subdivision (a) lists examples rather than an exhaustive set: wages from the federal government not already reachable by wage withholding, rents, commissions, royalties, patent or copyright payments, and the loan value of an insurance policy. The assignment can run either to the creditor directly or to a receiver appointed under Article 7 (§ 708.610).

Before ordering an assignment, or setting its size, the court weighs several factors: the reasonable needs of a debtor who is a natural person, and of anyone the debtor supports; other court-ordered deductions the debtor already faces, including support withholding; how much remains owed on the judgment; and how much is coming in under the right to payment. Subdivisions (d) through (f) then cap the assignment, so it cannot exceed what the judgment requires, it cannot exceed what wage garnishment could reach for earnings or retirement payments, and it cannot reach any portion of a payment that another statute makes exempt.

Frequently Asked Questions

What kinds of payments can a court order assigned to a judgment creditor?

Section 708.510(a) lists examples including certain federal wages, rents, commissions, royalties, patent or copyright payments, and insurance policy loan value, though the list is not exclusive.

Can the assignment go to someone other than the creditor?

Yes. The court may order the assignment made to a receiver appointed under Article 7, commencing with § 708.610, instead of directly to the creditor.

What factors does the court consider in setting the size of an assignment?

The debtor's reasonable needs and those of dependents, other required payments and wage assignments, the balance still owed on the judgment, and the amount being received under the right to payment.

Is there a cap on how much of a debtor's payment can be assigned?

Yes. The assignment cannot exceed what is needed to satisfy the judgment, cannot exceed what wage garnishment law would allow for earnings or retirement payments, and cannot reach any amount another statute makes exempt.

Amendment History

Amended by Stats. 1992, Ch. 163, Sec. 51. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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