2015-00176091-CL-EN

Gregory Kelly vs. Jeffrey Alan Andersen

Nature of Proceeding: Motion for Assignment Order and Order Restraining Judgment Debtor

Filed By: Kelly, Gregory

Plaintiff’s Motion for Assignment Order instructing Judgment Debtor and his wife to assign their interest in the 2017 State and Federal Income Tax Refunds is unopposed and is granted.

Judgment Creditor has a Judgment against the Judgment Debtor, said Judgment was entered on March 05, 2015, in the total amount of $6,655.00, the balance due, including accrued interest to the date of this notice, of which is $6,256.64.

Code of Civil Procedure Section 708.510: (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.

The phrase including but not limited to expands the rights to payment due beyond the enumerated examples, including a right to a tax refund.

Therefore, the Court orders judgment debtors to assign to plaintiff the federal and state tax refunds to the extent necessary to satisfy the money judgment of $6,256.64.

Code of Civil Procedure Section 708.520 authorizes the Court to restrain the Judgment Debtor from assigning or otherwise disposing of the right to payment sought to be

assigned upon a showing of need. Such a showing of need is set forth in the Declaration of Gregory Kelly, which outlines the difficulties encountered in enforcing the judgment. Consequently the Judgment Debtor and Mrs. Andersen must be restrained so that the right to payment sought to be assigned will be available to be applied to the Judgment Creditor’s Judgment.

The Court will sign the proposed formal order.