Assignment Order

Assignment orders can capture most distributions, commissions, and almost any kind of K-1 income.

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In general, assignment orders are for corporations and charging orders are for LLPs or LLCs.

Assignment orders are most useful when a debtor receives (non-exempt and non-retirement-based) income.

If you ever need legal advice or a strategy to use, please contact a lawyer.

What if your judgment debtor does not have a regular wage job, and gets paid by customers, relatives, renters or tenants, or most anyone else?

Judge Fasciale has become the Presiding Judge of Part B, a position previously held by Judge Simonelli. Judge Ronald Susswein is on Part E, Judge Messano’s Part, while Judge Catherine Enright will serve on Part H, under the leadership of Judge Fuentes.

In addition to Judge Simonelli, names no longer appearing on the roster of Appellate Division judges are Judges Reisner and O’Connor. A special note, however, about Judge Reisner, before whom I have appeared many times, including in some very complex matters (I recall only one appeal that I argued before Judge Simonelli and none before Judge O’Connor, so no disrespect is meant to them).

The judgment debtor may not comply, however it is a court order, and if the judgment debtor is under the jurisdiction of the court, not complying may backfire on them.

Assignment orders can last as long as it takes to satisfy the judgment.

Other things may happen to thwart any enforcement action or strategy.

In theory, assignment orders for non-exempt income, can ask for all of the income, not just 25% of the income, as most wage levies (garnishments) can reach.

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