2011-00102653-CU-BC

Becharoff Capital Corporation vs. Aaron Aldred

Nature of Proceeding: Motion for Order Assigning Sums Due

Filed By: Brewer, Lance A.

Judgment Creditor, Becharoff Capital Corporation’s Motion for Order Assigning Sums Due to Judgment Debtor Aaron Aldred (“Aldred”) from real property owned by Aldred is unopposed and is granted.

Judgment Debtor’s Request for Judicial Notice is granted.

Judgment Creditor has presented evidence that it has a Judgment against Aldred entered on October 20, 2011 of which more than $67,000.00 remains due and owing. It has established that Aldred owns real property located at 2400 Rio Bravo Circle, Sacramento CA 95826, and that Aldred rents the Real Property to third party tenants, and receives rental income from the property. (Brewer Decl, Ex. A, B, C) CCP. § 680.010 et seq. sets forth procedures for reaching and applying to the satisfaction of a judgment those forms of non-exempt property that either cannot be reached by execution or can only be done so with difficulty. One type of such difficult property is periodic payments (such as monthly rental payments), which would involve separate levies exactly at the time of each payment.

CCP 708.510 (a) provides:

” 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.C.C.P.

§ 708.510 provides for an assignment order allowing the Judgment Creditor to serve it on a party (such as a tenant) making such payments to the Judgment Debtor, and directing the tenant to instead make the payments directly to the Judgment Creditor. The assignment order is an “optional procedure for reaching assignable forms of property that are subject to levy (Law Revision Comment to C.C.P. § 708.510). “. . . [A] ny assignable right to payment due or to become due, whether the right is conditioned on future developments” may be reached by the assignment order. [C.C.P. §708.510 (a)]. Under C.C.P. § 708.510(a)(2), rents are identified as one type of payment reachable through the assignment order. Finally, notice of the motion for the assignment order may be served by mail [C.C.P. § 708.610(b)].

The motion is unopposed and is granted.

The Court will sign the proposed order.