(Added by Stats.1982, c. 1364, p. 5201, § 2, operative July 1, 1983. Amended by Stats.1992, c. 163 (A.B.2641), § 51, operative Jan. 1, 1994.)
LAW REVISION COMMISSION COMMENTS
Subdivision (c)(2) of Section 708.510 is amended to make clear that the court is to take into consideration any earnings assignment order for support. “Earnings assignment order for support” is defined in Section 706.011. [22 Cal.L.Rev.Comm.Reports 1 (1992)].
LEGISLATIVE COMMITTEE COMMENTS--ASSEMBLY
Section 708.510 provides a new procedure for reaching certain forms of property that cannot be reached by levy under a writ of execution, such as the nonexempt loan value of an unmatured life insurance, endowment, or annuity policy. See Sections 699.720(a) (6), 704.100. It also provides an optional procedure for reaching assignable forms of property that are subject to levy, such as accounts receivable, general intangibles, judgments, and instruments. This section does not make any property assignable that is not already assignable. This remedy may be used alone or in conjunction with other remedies provided in this title for reaching rights to payment, such as execution, orders in examination proceedings, creditors' suits, and receivership. The use of this remedy is subject to limitations on the time for enforcement of judgments. See Sections 683.010-683.220.
The introductory clause of subdivision (a) recognizes that certain rights to future payments, such as pension benefits, are protected by law from assignment. See, e.g., 5 U.S.C. § 8346 (1976) (federal government employees' retirement benefits); 45 U.S.C. § 231m (1976) (railroad employees' annuities).
Paragraph (1) of subdivision (a) provides a new means to reach federal employees' wages. Such wages generally may not be garnished but may be reached in examination proceedings by an order to the judgment debtor to endorse and deliver paychecks to a receiver. See Sheridan v. Sheridan, 33 Cal.App.3d 917, 109 Cal.Rptr. 466 (1972). However, pursuant to 42 U.S.C. § 659 (Supp. III 1979), the wages of federal employees may be garnished for the enforcement of child support and alimony payments as if the United States were a private person.
Paragraph (2) permits issuance of an order for the assignment of the right to payment of rent. Under former law, it was held that future rental installments could not be reached by garnishment. See Hustead v. Superior Court, 2 Cal.App.3d 780, 785-87, 83 Cal.Rptr. 26 (1969).
The assignment of a right to charge commissions or royalties pursuant to paragraphs (3) and (4) may be a more appropriate manner for reaching such uncertain amounts than through levy and sale as permitted in Meacham v. Meacham, 262 Cal.App.2d 248, 252, 68 Cal.Rptr. 746 (1968).
The nonexempt loan value (see Section 704.100) of an unmatured life insurance, endowment, or annuity policy may not be reached by a levy of execution (see Section 699.720), but may be reached by an assignment order under paragraph (6).
Subdivision (c) is based on the standard for fixing the amount of payments under the New York installment payment order procedure. See N.Y.Civ.Proc. Law & R. § 5226 (McKinney 1978).
Subdivision (d) recognizes that the amount collected by the judgment creditor pursuant to this article may not exceed the amount necessary to satisfy the judgment. See also Sections 685.020 (accrual of interest), 685.030 (cessation of interest), 685.040 (right to costs).
Subdivisions (e) and (f) recognize limitations on the assignment order procedure imposed by exemption laws. See Section 703.010. [16 Cal.L.Rev.Comm. Reports 1525 (1982)].
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