Judge: Layne H. Melzer, Case: 01CC01440, Date: 2023-08-10 Tentative Ruling

Judgment Creditor Judgment Recovery Assistance, LLC

Motion for Assignment Order

Judgment Creditor Recovery Assistance, LLC’s unopposed motion for order assigning to it payments due to judgment debtor Mark Ferry from Wyoming Whisky, Inc. and a restraining order against Judgment Debtor is granted in part.

Judgment Creditor is granted an assigning order against Judgment Debtor as to payments due Judgment Debtor from Wyoming Whisky, Inc.  This assignment is limited to 20% as, on the record presented by Judgment Creditor, these payments are earnings.

Beyond this, the motion is denied.

Judgment Creditor has demonstrated that there is a judgment in its favor against Judgment Debtor, and such remains unpaid. [Compton Decl., ¶ 2-3.  ROA ## 1, 15, 125.]

According to Judgment Creditor’s information, Judgment Debtor is employed by Wyoming Whisky, mailing address P.O. Bos 2805 Jackson, Wyoming 83001, as its controller.  [Compton Decl., ¶ 4.]

It does not appear that this court has jurisdiction over Wyoming Whisky, Inc.  There is no evidence it has any presence in California and it has not been given notice of this motion.  Nonetheless, the court may issue an order directed at Judgment Creditor as it has jurisdiction him.  FirstMerit Bank, N.A. v. Reese (2015) 242 Cal.App.4th 408, 414; Cal. Prac. Guide Enf. J. & Debt Ch. 6G-5 § 6:1435.

Earnings due to the Judgment Debtor from Wyoming Whisky are properly assigned under Code Civ. Proc., § 708.510(e).

Where an assignment of earnings is sought, the amount assigned shall not exceed the amount that may be withheld under the Wage Garnishment Law, Code Civ. Proc. 706.010 et seq.  Code Civ. Proc. § 708.510(e). 

As of now, this is generally 25% of “earnings,” but will change to 20% effective 9/1/23.  Code Civ. Proc. § 706.050.

Judgment Debtor has neither opposed nor filed a claim of exemption.

Accordingly, the court grants the motion at to an assignment order directed at Judgment Debtor rather than Wyoming Whiskey, Inc., for amounts not exceeding 20% of Judgment Debtor’s weekly earnings from Wyoming Whiskey.  Code Civ. Proc. §§ 708.510(e); 706.050.

Given that the assignment order will already be directed at Judgment Debtor, the court sees no utility in additionally issuing a restraining order against him in connection with these payments.

Judgment Creditor is to submit a proposed order.