(a) Either the judgment creditor or the judgment debtor may apply to the court on noticed motion for an order to modify or set aside the assignment order. The notice of motion shall be served on the other party. Service shall be made personally or by mail.
§ 708.560.Notice Motion For Order to Modify Or Set Aside Order
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 708.560 lets either the judgment creditor or the judgment debtor apply on noticed motion to modify or set aside an assignment order, requiring the court to grant that relief on a showing of a material change in circumstances since the earlier hearing, and to specify whether the change reaches payments already made.
Full Text of § 708.560
(b) The court shall make an order modifying or setting aside the assignment order upon a showing that there has been a material change in circumstances since the time of the previous hearing on the assignment order. The court may order a reassignment of the right to payments as necessary. The order shall state whether and to what extent it applies to payments already made.
Plain-English Summary
Assignment orders are not set in stone. Section 708.560 lets either side, creditor or debtor, come back to court later and ask, on noticed motion served on the other party, to modify or set aside the order.
The standard for granting that relief is a material change in circumstances since the previous hearing. That could mean the debtor's income dropped, the creditor's judgment shrank through partial payment, or some other shift that makes the original assignment no longer fit the situation. If the court grants relief, it can order a reassignment of the payment right as needed, and it has to say in its order whether and how far the change reaches back to payments already made.
Frequently Asked Questions
Who can move to modify or set aside an assignment order?
Either the judgment creditor or the judgment debtor, by noticed motion served on the other party.
What must the moving party show to get the order modified or set aside?
A material change in circumstances since the time of the previous hearing on the assignment order.
Can the court order a new assignment of payments as part of this relief?
Yes, and the order must also state whether and to what extent it applies to payments already made.
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: modify assignment order californiaset aside assignment order judgment