Page 148 - Judgment Enforce Course
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Judgment Enforcement – The Step-by-Step Course
Here’s what the caption for an assignment may look like:
Again: The Four Parts of an Assignment Order
Part 1: Notice of Motion and Motion for Assignment Order.
This is how you officially tell the court that you are going to make a motion—or a
request—and generally what that request is going to be. For a good template, see
“Assignment Order-Part 1” on the Forum.
Part 2: Your declaration in Support of the Motion for an Assignment Order.
This is where you explain what you have discovered concerning monies your debtor
will be receiving in the future. You should say what the money is, who it is coming from,
and how you discovered this. For a good template, see “Assignment
Order—Part 2 on the Forum.
Part 3: The Points and Authorities you are relying on.
The phrase “Points and Authorities” is legal talk for the state laws you
want the court to be aware of, so they’ll know that you have the right to make
this request. Refer to the form on the Forum for a sample Assignment Order—Part 3.
I know it will look complex, but in these cases I just copy the law about assignment
orders onto the pleading paper straight from the codes. You can too. And you only have
to do it once, and you can use it for all of your future Assignment Orders.
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