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Postjudgment Orders Directing Issuance Of A Letter Rogatory Reversed.

June 26, 2013 by Leave a Comment

letter rogatory The appellate court’s words say it all:  “In this appeal from postjudgment orders directing issuance of a letter rogatory requesting registration of judgment liens against properties of the judgment debtor in Mexico and restraining the debtor from transferring its right to payment upon the sale of those properties, we must decide two issues of first impression in California. First, may a court request the registration of judgment liens in a foreign country via a letter rogatory issued pursuant to the Inter-American Convention on Letters Rogatory? Second, may a court issue an order restraining the disposition of a right to payment pursuant to Code of Civil Procedure section 708.520, when it has not previously or simultaneously issued an order assigning the right to payment pursuant to section 708.510 of that code? We answer both questions in the negative and therefore reverse the challenged orders.” The appellate court explained the Inter-American Convention on Letters Rogatory does not authorize issuance of a letter rogatory designed to enforce a judgment. It also stated section 708.520 does not authorize issuance of a restraining order in the absence of a corresponding assignment order issued under section 708.510. Landstar Global Logistics, Inc. v. Robinson & Robinson, Inc. (Cal. App. Fourth Dist., Div. 1; May 16, 2013) 216 Cal.App.4th 378, [156 Cal.Rptr.3d 687].

Filed Under: Appellate Law News, Debt Collection Law News, International Law News, Legal News, Procedural Law News

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