Judgment Debtor-Creditor Assignments
- wagelawattorneys
- Nov 19, 2015
- 1 min read
Code of Civil Procedure Sec. 708.510, which permits a trial court to order a judgment debtor to assign a right to receive payments from a third party to the judgment creditor, does not give authority to order the judgment debtor to assign the creditor funds the debtor receives as the beneficiary of a trust. Section 708.520 does not give a trial court authority to issue an order restraining a judgment debtor from transferring the debtor’s interest in a trust. Judgment creditor could not seek enforcement of its money judgment against debtor’s interest in trusts by petitioning the court under Sec. 709.010 where the trust was administered in another state. FirstMerit Bank, N.A. v. Reese - filed November 19, 2015, Fourth District, Div. Two Cite as 2015 S.O.S. 5521
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