Many people assume that the only way to collect against someone’s income is through a wage garnishment. That assumption is understandable — and increasingly wrong. In California, wage garnishment is limited to W-2 employees. It does not apply to independent contractors, self-employed individuals, business owners, or anyone whose income is paid outside of payroll. In today’s economy, a growing number of judgment debtors earn money through consulting work, commissions, rental income, business receivables, or other non-wage payment streams that never appear on a paycheck. When a debtor does not receive W-2 wages, wage garnishment is simply not available. That does not mean the income is protected. It means a different enforcement tool is required. In California, that tool is the assignment order.
What an Assignment Order Does Under California Law
An assignment order allows the court, on noticed motion after judgment, to require a judgment debtor to assign to the judgment creditor all or part of a right to payment that is due, will become due, or is contingent in the future. The authority for issuing an assignment order comes directly from California Code of Civil Procedure section 708.510. What makes an assignment order different from many other post-judgment remedies is where it operates. Rather than attempting to seize money after it reaches the debtor’s possession, an assignment order directs a third party to redirect the payment stream earned by the debtor to the judgment creditor. In practical terms, the court orders that money owed to the debtor by someone else be paid toward satisfaction of the judgment instead. The creditor is no longer dependent on the debtor voluntarily turning over funds or leaving money untouched in a bank account long enough to levy it through a bank levy. Assignment orders are designed to intercept income before the judgment debtor can receive it, hide it, spend it, or move it elsewhere.
Types of Income That Can Be Reached With an Assignment Order
Although assignment orders are often discussed in connection with 1099 independent contractors, their reach extends well beyond that category. Courts routinely issue assignment orders against non-wage income streams such as consulting fees, commissions, royalties, rental income, accounts receivable, business distributions, and other contractual rights to payment. The statute is intentionally broad and is not limited to payments that are fixed, regular, or guaranteed. If a judgment debtor has a legally enforceable right to receive money from another party — whether immediately or in the future — that right can generally be assigned. This includes income that is irregular, variable, or contingent, so long as the debtor has a recognizable right to payment. This breadth is what makes assignment orders particularly effective in cases where debtors structure their income to avoid traditional wage garnishment.
How Assignment Orders Are Obtained in Practice
Assignment orders are a stand-alone post-judgment remedy. Unlike levies and garnishments, they do not require issuance of a writ of execution. After judgment is entered, the creditor brings a noticed motion requesting an assignment order. The focus of the motion is straightforward: identifying one or more streams of non-wage income and establishing that issuance of the assignment order is necessary to enforce the judgment. Evidence supporting an assignment order often comes from judgment-debtor examinations, discovery responses, bank records, contracts, invoices, business filings, or other documentation showing how the debtor is paid. Courts do not require mathematical precision. What matters is demonstrating that a real, assignable right to payment exists. If the court is satisfied that assignable income streams are present, it may order assignment of all or a portion of those payments until the judgment is satisfied.
Restraining Orders and Accountings
In addition to directing assignment of payment rights, the court has authority to issue orders preventing the judgment debtor from interfering with the assigned income. This may include restraining orders prohibiting the transfer, diversion, or concealment of assigned payment rights while the assignment is in effect. Courts may also require the debtor to provide an accounting of the assigned payment streams. In practice, this ensures transparency and allows the court to maintain supervision over how the income is generated and redirected, particularly where payments are ongoing or fluctuate over time. These additional orders reinforce court control over the payment stream and further limit the debtor’s ability to evade enforcement.
Assignment Orders in Civil and Family Law Cases
Assignment orders are not limited to traditional civil judgments. Although they are most commonly discussed in civil enforcement contexts, the statute authorizing assignment orders is not restricted to civil cases. Courts have authority to issue assignment orders in family law matters as well, including cases involving support obligations, equalization payments, and other family law judgments. While some practitioners — and occasionally some courts — assume assignment orders are unavailable in family law proceedings, the statutory language is clear. Assignment orders are a post-judgment enforcement remedy available whenever a judgment debtor has assignable rights to payment, regardless of whether the underlying judgment arises from civil litigation or family law.
If you are trying to collect a California judgment and the debtor does not receive W-2 wages, an assignment order may be the most effective enforcement tool available. Our firm focuses on judgment enforcement and routinely uses assignment orders to intercept non-wage income streams such as independent-contractor payments, business receivables, commissions, and rental income. If you would like to evaluate whether an assignment order is appropriate in your case, we invite you to contact our office to discuss your enforcement options.