(a) When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the judgment debtor from assigning or otherwise disposing of the right to payment that is sought to be assigned. The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, it may be made ex parte.
§ 708.520.Application For Order Restraining Debtor From Assigning Or Disposing of Right of Payment
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 6. Assignment Order · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.520 lets the creditor apply, on noticed motion or ex parte depending on the court's rules, for an order restraining the debtor from assigning or disposing of the targeted right to payment before the assignment order is decided, requiring personal service on the debtor and a warning about contempt.
Full Text of § 708.520
(b) The court may issue an order pursuant to this section upon a showing of need for the order. The court, in its discretion, may require the judgment creditor to provide an undertaking.
(c) The court may modify or vacate the order at any time with or without a hearing on such terms as are just.
(d) The order shall be personally served upon the judgment debtor and shall contain a notice to the judgment debtor that failure to comply with the order may subject the judgment debtor to being held in contempt of court.
Plain-English Summary
An assignment order takes time to obtain, and a debtor who sees it coming might try to sign away or spend down the right to payment first. Section 708.520 closes that gap with a restraining order the creditor can seek alongside, or after, the underlying § 708.510 application.
Whether the request must be noticed or can be made ex parte depends on the court: subdivision (a) requires a noticed motion only if the court directs it or a local rule requires it, and otherwise allows an ex parte request. The court issues the order on a showing of need, and may require the creditor to post an undertaking as a condition. It can also modify or vacate the order later, with or without a hearing, on whatever terms are just.
Because this order restrains someone before they have necessarily had a hearing, subdivision (d) requires personal service on the debtor, and the order itself must warn the debtor that failing to comply can lead to contempt of court.
Frequently Asked Questions
Does the creditor need a noticed hearing to get a restraining order under this section?
Not necessarily. It is required only if the court directs a noticed motion or a court rule demands one; otherwise the request may be made ex parte.
What must the creditor show to get the restraining order?
A showing of need for the order, and the court may also require the creditor to provide an undertaking.
How must the order be served on the debtor?
Personally, and the order itself must warn that failing to comply may subject the debtor to contempt.
Can the restraining order be changed later?
Yes, the court may modify or vacate it at any time, with or without a hearing, on terms it considers just.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: restraining order judgment debtor assignmentfreezing right to payment california