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 Post subject: Right Of Obligor Not Effected Until Notice Received 708.540
PostPosted: Mon Dec 29, 2008 3:38 pm 
Partner of Riser Adkisson LLP
Partner of Riser Adkisson LLP
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CCP 708.540

The rights of an obligor are not affected by an order assigning the right to payment until notice of the order is received by the obligor. For the purpose of this section, "obligor" means the person who is obligated to make payments to the judgment debtor or who may become obligated to make payments to the judgment debtor depending upon future developments.

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 Post subject: Re: Right Of Obligor Not Effected Until Notice Received 708.540
PostPosted: Tue Jul 07, 2009 6:54 pm 
Partner of Riser Adkisson LLP
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Joined: Fri Dec 12, 2008 10:13 am
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Location: Newport Beach, CA
CREDIT(S)

(Added by Stats.1982, c. 1364, p. 5202, § 2, operative July 1, 1983.)


LAW REVISION COMMISSION COMMENTS


1982 Addition


Section 708.540 makes clear that the person obligated to make payments to the judgment debtor or who will become obligated is not affected by the assignment order until notice of the order is received. This section is analogous to provisions governing the effect of an execution levy. See, e.g., Sections 701.020 (liability of third person under levy), 701.050 (duty of account debtor). See also Civil Code § 955.1 (rights of certain obligors upon assignment); Com.Code § 9318 (rights of account debtor). [16 Cal.L.Rev.Comm. Reports 1528 (1982)].

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RISER ADKISSON LLP, 100 Bayview Circle, Suite 210, Newport Beach, CA 92660, Ph: 949-200-7753, Fax: 877-698-0678, E-Mail: jay --at-- risad.com http://www.jayadkisson.com http://www.risad.com http://www.assetprotectionbook.com http://www.quatloos.com


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