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Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Assignment clause defined.

Assignment clauses are legally binding provisions in contracts that give a party the chance to engage in a transfer of ownership or assign their contractual obligations and rights to a different contracting party.

In other words, an assignment clause can reassign contracts to another party. They can commonly be seen in contracts related to business purchases.

Here’s an article about assignment clauses.

Assignment Clause Explained

Assignment contracts are helpful when you need to maintain an ongoing obligation regardless of ownership. Some agreements have limitations or prohibitions on assignments, while other parties can freely enter into them.

Here’s another article about assignment clauses.

Purpose of Assignment Clause

The purpose of assignment clauses is to establish the terms around transferring contractual obligations. The Uniform Commercial Code (UCC) permits the enforceability of assignment clauses.

Assignment Clause Examples

Examples of assignment clauses include:

• Example 1 . A business closing or a change of control occurs
• Example 2 . New services providers taking over existing customer contracts
• Example 3 . Unique real estate obligations transferring to a new property owner as a condition of sale
• Example 4 . Many mergers and acquisitions transactions, such as insurance companies taking over customer policies during a merger

Here’s an article about the different types of assignment clauses.

Assignment Clause Samples

Sample 1 – sales contract.

Assignment; Survival .  Neither party shall assign all or any portion of the Contract without the other party’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that either party may, without such consent, assign this Agreement, in whole or in part, in connection with the transfer or sale of all or substantially all of the assets or business of such Party relating to the product(s) to which this Agreement relates. The Contract shall bind and inure to the benefit of the successors and permitted assigns of the respective parties. Any assignment or transfer not in accordance with this Contract shall be void. In order that the parties may fully exercise their rights and perform their obligations arising under the Contract, any provisions of the Contract that are required to ensure such exercise or performance (including any obligation accrued as of the termination date) shall survive the termination of the Contract.

Reference :

Security Exchange Commission - Edgar Database,  EX-10.29 3 dex1029.htm SALES CONTRACT , Viewed May 10, 2021, <  https://www.sec.gov/Archives/edgar/data/1492426/000119312510226984/dex1029.htm >.

Sample 2 – Purchase and Sale Agreement

Assignment . Purchaser shall not assign this Agreement or any interest therein to any Person, without the prior written consent of Seller, which consent may be withheld in Seller’s sole discretion. Notwithstanding the foregoing, upon prior written notice to Seller, Purchaser may designate any Affiliate as its nominee to receive title to the Property, or assign all of its right, title and interest in this Agreement to any Affiliate of Purchaser by providing written notice to Seller no later than five (5) Business Days prior to the Closing; provided, however, that (a) such Affiliate remains an Affiliate of Purchaser, (b) Purchaser shall not be released from any of its liabilities and obligations under this Agreement by reason of such designation or assignment, (c) such designation or assignment shall not be effective until Purchaser has provided Seller with a fully executed copy of such designation or assignment and assumption instrument, which shall (i) provide that Purchaser and such designee or assignee shall be jointly and severally liable for all liabilities and obligations of Purchaser under this Agreement, (ii) provide that Purchaser and its designee or assignee agree to pay any additional transfer tax as a result of such designation or assignment, (iii) include a representation and warranty in favor of Seller that all representations and warranties made by Purchaser in this Agreement are true and correct with respect to such designee or assignee as of the date of such designation or assignment, and will be true and correct as of the Closing, and (iv) otherwise be in form and substance satisfactory to Seller and (d) such Assignee is approved by Manager as an assignee of the Management Agreement under Article X of the Management Agreement. For purposes of this Section 16.4, “Affiliate” shall include any direct or indirect member or shareholder of the Person in question, in addition to any Person that would be deemed an Affiliate pursuant to the definition of “Affiliate” under Section 1.1 hereof and not by way of limitation of such definition.

Security Exchange Commission - Edgar Database,  EX-10.8 3 dex108.htm PURCHASE AND SALE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1490985/000119312510160407/dex108.htm >.

Sample 3 – Share Purchase Agreement

Assignment . Neither this Agreement nor any right or obligation hereunder may be assigned by any Party without the prior written consent of the other Parties, and any attempted assignment without the required consents shall be void.

Security Exchange Commission - Edgar Database,  EX-4.12 3 dex412.htm SHARE PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1329394/000119312507148404/dex412.htm >.

Sample 4 – Asset Purchase Agreement

Assignment . This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, at any time after the Closing, are freely assignable by Buyer. This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, are assignable by Seller only upon the prior written consent of Buyer, which consent shall not be unreasonably withheld. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Security Exchange Commission - Edgar Database,  EX-2.1 2 dex21.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1428669/000119312510013625/dex21.htm >.

Sample 5 – Asset Purchase Agreement

Assignment; Binding Effect; Severability

This Agreement may not be assigned by any party hereto without the other party’s written consent; provided, that Buyer may transfer or assign in whole or in part to one or more Buyer Designee its right to purchase all or a portion of the Purchased Assets, but no such transfer or assignment will relieve Buyer of its obligations hereunder. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors, legal representatives and permitted assigns of each party hereto. The provisions of this Agreement are severable, and in the event that any one or more provisions are deemed illegal or unenforceable the remaining provisions shall remain in full force and effect unless the deletion of such provision shall cause this Agreement to become materially adverse to either party, in which event the parties shall use reasonable commercial efforts to arrive at an accommodation that best preserves for the parties the benefits and obligations of the offending provision.

Security Exchange Commission - Edgar Database,  EX-2.4 2 dex24.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1002047/000119312511171858/dex24.htm >.

Common Contracts with Assignment Clauses

Common contracts with assignment clauses include:

• Real estate contracts
• Sales contract
• Asset purchase agreement
• Purchase and sale agreement
• Bill of sale
• Assignment and transaction financing agreement

Assignment Clause FAQs

Assignment clauses are powerful when used correctly. Check out the assignment clause FAQs below to learn more:

What is an assignment clause in real estate?

Assignment clauses in real estate transfer legal obligations from one owner to another party. They also allow house flippers to engage in a contract negotiation with a seller and then assign the real estate to the buyer while collecting a fee for their services. Real estate lawyers assist in the drafting of assignment clauses in real estate transactions.

What does no assignment clause mean?

No assignment clauses prohibit the transfer or assignment of contract obligations from one part to another.

What’s the purpose of the transfer and assignment clause in the purchase agreement?

The purpose of the transfer and assignment clause in the purchase agreement is to protect all involved parties’ rights and ensure that assignments are not to be unreasonably withheld. Contract lawyers can help you avoid legal mistakes when drafting your business contracts’ transfer and assignment clauses.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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Assignment Order Lawyer

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  What Is an Assignment Order?

Being sued by a creditor means the creditor is trying to collect a debt a person owes. If a creditor wins a lawsuit, it’s called a judgment. Once the creditor has a judgment, it can collect the money owed by using an assignment order.

An assignment order is a legal order allowing a creditor to go after property a person owns. This property isn’t subjected to a levy. A levy ranges from a tax refund to an annuity policy or loan value on a life insurance policy that hasn’t matured.

Which Groups of People Are Vulnerable To an Assignment Order?

Typically, self-employed individuals and private contractors have assignment orders against them. The orders are generally used for people who don’t have regular wages to garnish . The orders are generally levied against their accounts receivable.

How Can a Creditor Obtain an Assignment Order?

Once the creditor has a judgment , the creditor goes to court again. This time, it’s to apply for an order prohibiting the debtor from getting rid of any money he has a right to receive. The debtor is given a notice to appear in court. It gives the person the opportunity to fight the assignment order. If the creditor is successful in obtaining the order, the order can be served on whomever paying the debtor. When payment is due, the money is sent to the creditor instead of the debtor.

What Types of Payments Can Creditors Use the Order to Obtain?

Creditors can use the order to obtain:

• Insurance loans
• Tax refunds
• Dividend payments
• Commissions

Can I Prevent an Assignment Order?

Yes, talk to a finance lawyer  about preventing an assignment order if you owe a debt. The attorney will advise you of your options like negotiating with the creditor on your behalf to settle the debt. 

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Ken LaMance, Attorney at Law

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Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts ( breach of contract , drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law , and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California , and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association , and the California Lawyers for the Arts. Read More

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Preparing for Your Case

• What Makes a Strong Collections Case?
• Top 5 Types of Documents/Evidence to Gather for Your Collections Case

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Assignment Orders

Assignment orders are like wage garnishments, except they can be used on almost any income stream whatsoever- even if the income is “contingent on future events” (e.g. not even really an income stream yet). (See CCP 708.510 )  Type of income that can be attached through assignment orders include, but are not limited to

*Commissions (e.g. real estate or other commission salespeople’s compensation, not able to be wage-garnished);

*Royalties (e.g. actors/musicians residuals)

*And just about any other monies going to the debtor, for just about any reason.

Assignment orders also have built into them, the remedy of restraining orders ( CCP 708.520 ), preventing the debtor from transferring or otherwise disposing of, the payment stream, to be assigned.

CCP 708.520 restraining orders are much more useful judgment collection tool than regular CCP 527 restraining orders, because the ability to file EX PARTE (meaning the order can be gotten on as little as one days notice, so the debtor doesn’t have a chance to transfer assets or avoid- very useful for judgment enforcement) is built into the statute. This means that, arguably, the standard for getting such orders is less than the usual standard for EX PARTE relief. (Under The Ex Parte Rules of the Rules of Court, usually you must show “ irreparable harm ” to get ex parte relief; but under 708.520, it is likely that one would not need to make this very difficult showing, as the code simply says creditor must show “a need for the order.”)

Assignment orders can be used very broadly also, and if a Court can be convinced that monies being generated are “monies due to the debtor” – even if they are technically not going to the debtor (because they have been re-directed) – the Court may be convinced to re-direct the money to the creditor. In one example, a Debtor settled her lawsuit, but part of the settlement agreement was that the defendants were to pay debtors settlement monies to third parties. Even though the payments had been redirected to third parties, the Court believed the payments were “for the benefit of the debtor” and therefore, redirected the payments to the Creditor. In another case, Debtor redirected his wages to his ex-wife, and the Court re-directed them back to the Creditor. This saved the creditor the need to file a fraudulent transfer lawsuit. In another case, debtor was a touring musician who was going on a world tour. Sources of payment were unknown, but Court ordered debtor to keep an accounting of all payments made, and pay a portion to the creditor after is world tour.

Some Assignment order case law (updated periodically):

Detailed evidence maybe not required for assignment order. ( Innovation Ventures v. N2G )

Blanket Assignment of All Debtor Receivables without naming specific ones might be allowed. ( Phillipine Export v Chuidian ) – Not all courts allow this, it will depend on the judge/court)

Suffice to say that Assignment orders can get very involved, as they are far more versatile judgment collection tools than one might think, by just reading the code. Collection Attorneys in Los Angeles since 2011, The Evanns Collection Law Firm has been enforcing judgments for years and knows the ins and outs of this remedy. Phone calls are always free and no obligation. Call now at 213-292-6888.

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Enforcement of Judgments

After obtaining a judgment, the judgment creditor’s next step is to attempt to collect what is owed. The court does not collect judgments; the prevailing party is responsible for all collection efforts. However, the court may issue a variety of orders and other documents that may be used to collect your judgment from the debtor.

There are several steps that may need to be taken prior to starting your collection efforts.

Locate the Judgment Debtor

Before any collection efforts may begin, the judgment debtor must be located. Soon after the entry of judgment, this may be an easy task. However, as time passes, it can become increasingly difficult to locate the judgment debtor. For tips on how to do this, see our Legal Research Guide on Finding People and Businesses .

Determine the Debtor’s Assets

It is important to have information about the debtor’s assets, so that the judgment creditor can select the enforcement method(s) that will be the most effective.

An Order of Examination, also called a Debtor’s Examination, is a formal court proceeding during which a judgment creditor may question the judgment debtor about their income and property, to determine what assets are available to the creditor for collection of a judgment.

For More Information Get Information About the Debtor’s Assets , from the California Courts Self-Help Website 

Sample Questions to Ask a Debtor , from the California Courts Self-Help Website

Orders of Examination , from the Sacramento County Superior Court’s Website

Debtor’s Examination , Step-by-Step guide from the Sacramento County Public Law Library

Calculate the Amount Owed

Before beginning enforcement procedures, a judgment creditor must determine the amount currently owed. Unless the judgment debtor promptly pays the judgment in full, the judgment amount ordered by the court is rarely the final amount paid to the judgment creditor. A judgment creditor is entitled to reimbursement of any post-judgment costs, such as the costs associated with enforcing the judgment (including the cost of issuing the Writ of Execution, Levying Officers’ fees, fees for the Application for Order for Appearance of Judgment Debtor, etc.). Additionally, unpaid judgment amounts accrue interest at the legal rate of 10% per year.

Judgment Calculator The San Diego Superior Court provides this free online program that calculates the amount due on a specific day. Just input the judgment amount, date, and payment history, and the program does all the calculations for you.

For More Information

Memorandum of Costs , Step-by-Step guide from the Sacramento County Public Law Library

Begin Your Collection Efforts

There are numerous ways a judgment creditor may collect from a judgment debtor. The method(s) used depend on the judgment debtor’s assets. Below is information about several common enforcement methods.

Collecting from Wages (Earnings Withholding Order)

If the judgment debtor is employed, the judgment creditor may garnish up to 25 percent of the amount over the federal minimum wage that the debtor earns until the judgment is paid in full.

For More Information Collect Your Judgment , from the California Courts Self-Help Website Collect Your Judgment from the Debtor’s Paycheck , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Wage Garnishment ,  Step-by-Step guide from the Sacramento County Public Law Library

Sacramento Sheriff Civil Bureau, Civil Process Types and Fees Provides details of the procedures and required documents. Click on “Earnings Withholding Order” for more information.

Collecting Money from a Bank Account (Bank Levy)

If the judgment debtor has a bank account or safe deposit box, the judgment creditor may be able to take money from the account or seize the contents of the box.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website

Collect Your Judgment from the Debtor’s Bank Account , Step-by-Step guide from the Sacramento County Public Law Library

Ask the Court to Stop or Reduce a Bank Levy , Step-by-Step guide from the Sacramento County Public Law Library

Placing a Lien on Real Property

If the judgment debtor owns real property, the judgment creditor may place a lien on the property. If the debtor tries to sell or refinance the property, the creditor will be paid the judgment amount plus accrued interest from the escrow. In some situations, it may also be possible to “foreclose” on the judgment lien, and force the sale of the property. This is only an option is there is enough equity in the property to pay all existing liens and exemptions, as well as the costs of foreclosure.

Collect from the Debtor’s Property , from the California Courts Self-Help Website

Placing a Judgment Lien , Step-by-Step guide from the Sacramento County Public Law Library

Judgment Liens on Property in California , an article from Nolo Press

Placing a Lien on Personal Property

A judgment creditor can have the sheriff take the debtor’s personal property and sell it at public auction to pay the debt. This can be any type of property, such as jewelry, computers or other electronic equipment, musical instruments, coin collections, etc. This is an expensive process, though, so unless the property is extremely valuable, it is rarely worthwhile.

Notice of Judgment Lien , from the California Secretary of State

Placing a Lien on a Lawsuit the Debtor Has Against Someone Else

If the judgment debtor has a lawsuit against someone else, the judgment creditor may place a lien on the money the debtor hopes to recover if he or she wins that lawsuit.

For More Information Collect from the Debtor’s Property , from the California Courts Self-Help Website 

Placing a Till Tap or Keeper

If the judgment debtor is a business or the sole proprietor of a business, the sheriff may visit the business and take all money on the premises to pay the judgment and the sheriff’s fee. The sheriff’s department may also station a deputy near the cash register, and take possession of all funds as they come in.

For More Information More Ways to Collect , from the California Courts Self-Help Website

Suspending the Debtor’s Real Estate, Contractor’s, or Driver’s License

If the judgment is related to a license, (e.g., a car accident is related to a driver’s license; construction defects are related to a contractor’s license), the judgment creditor may be able to have the judgment debtor’s license suspended.

Unsatisfied Judgments , from the Department of Motor Vehicles Judgments over $1000 , $750 if judgment issued prior to Jan. 1, 2017 Judgments under $1000 , $750 if judgment issued prior to Jan. 1, 2017

Suspending a Driver License to Force Payment ,  from the Los Angeles County Department of Consumer Affairs

Civil Judgments ,  Contractors State License Board Consumer Recovery Account , California Department of Real Estate

Obtaining a Seizure, Turnover, or Assignment Order

A seizure order allows the sheriff to take property from a private residence, while a turnover order requires the judgment debtor to give the property to the sheriff. These orders are most commonly used for large, expensive items, such as pianos, boats, or stereo systems. An assignment order requires the debtor to assign ongoing payments, such as sales commissions or rents, to the judgment creditor.

Renew the Judgment if Necessary

Money judgments automatically expire after 10 years, unless the judgment creditor renews the judgment before it expires. A judgment may be renewed for another 10 years, and renewed repeatedly until it is paid in full. Expired judgments cannot be enforced, so judgment creditors must be careful to renew judgments in a timely manner.

For More Information Renew Your Judgment , from the California Courts Self-Help Website

Renew Your Judgment , Step-by-Step guide from the Sacramento County Public Law Library 

Once the Judgment is Paid in Full

Once a judgment is paid, either in full or in an amount the judgment creditor agrees to accept as full payment, the judgment creditor must file an  Acknowledgement of Satisfaction of Judgment  (EJ-100) with the court. It must also be filed with the County Recorder’s Office if any liens were placed on real property, and with the Secretary of State’s Office if liens were placed on personal property. If you do not file an Acknowledgment of Satisfaction of Judgment, the judgment debtor may sue you for any damages caused by your failure to file the Acknowledgment, plus $100.

For More Information After the Judgment is Paid , from the California Courts Self-Help Website

After Your Judgment is Paid , Step-by-Step guide from the Sacramento County Public Law Library 

This material is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance consult a lawyer.

JudgmentBuy

(888) 747-4007, assignment orders, august 9, 2023.

I am not a lawyer, I am a Judgment Broker. This article is my opinion, based on my experience in California, and laws vary in each state. 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?

An assignment order might be the right (although paperwork intensive) way to try to satisfy your judgment. This article covers assignment orders in California. It is very important to know your state laws, and if and how assignment orders are allowed.

Assignment orders are (noticed motion) court orders that require a new court hearing, and must be properly served on the other parties. Assignment orders may be able to capture most kinds of (current and future) non-wage income streams.

Assignment orders cannot be served on (non-related) non-debtor companies, however a turnover order can probably be used to get shares of a debtor’s stock ownership in a non-debtor company.

Because assignment orders are lawful alternatives to conventional levies, you do not (in California) need to get a writ of execution. Unlike regular levies, the money often gets turned over directly to you.

In some places, the court may require the Sheriff to be the levying officer. If that is the case, you will need to have a registered process server open a Sheriff levy file, and then have the assignment order served on the parties, and then file the proofs of service with the Sheriff. While personal service is needed to make your court order stick, you might want to fax the assignment order first, to catch any possible dispersements before they go out the door. Without personal service, one cannot get a contempt order if the third-party does not comply.

Assignment orders can capture most distributions, commissions, and almost any kind of K-1 income. If approved by a court, an assignment order instructs someone that owes money to your judgment debtor, to pay you instead of the judgment debtor.

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. Assignment orders may work, even when the debtor claims they are poor, because income is income. (Most truly poor judgment debtors do not have income streams.)

Sometimes judges will approve assignment orders to reach out-of-state asset streams, and sometimes a company in another state paying 1099 income to a contractor, may agree to comply with such an order, however if they do not comply, you have to sue them in their state. On California, the 1099 independent contractor third-party levy is responded to by returning a Memorandum of Garnishee (AT-167), which is also signed under penalty of perjury.

Assignment orders can be worded two ways. The first is where the employer is ordered by the court to send you the correct percentage, although some judges do not permit this, citing no authority over the employer. The other way is where the judgment debtor is accountable to pay you. 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. Like most court orders and judgments, nothing is guaranteed. The judgment debtor could file for bankruptcy protection. 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.

If the judgment is small, or the debtor is rich, ask for 50-100%. If the judge does not think your proposed order is reasonable, compromise and aim for 25%. (Because CCP 708.510-f seems to be very similar to CCP 706.050.)

If the debtor is not rich, it may be smarter to ask for a percentage, instead of all of their income stream. In judgment enforcement, being too aggressive could increase the chance that the judgment debtor will file for bankruptcy protection.

Usually, judges do not rubber-stamp approvals on assignment orders for creditors. When the creditor clearly shows a synopsis of why an assignment order is appropriate, then a judge may approve their proposed order.

In court, y ou could document why you have no other reasonable way to enforce the judgment. You could also document any prior court-endorsed expenses and attempts that did not satisfy the judgment.

Assignment orders can also be used to reach income originating from other judgments, when your debtor is the creditor. An assignment order can order the debtor of your debtor to pay you instead of them (or the sheriff). Again, consider asking for a percentage.

The first step for any assignment order is learning who is paying your judgment debtor. A debtor exam, could subpoena enough judgment debtor documentation and information, to learn who to serve assignment orders to. Some debtors will pay, when their clients call them, and ask what is going on? In California, a judgment debtor exam creates a one-year “silent lien” on all their personal property, which might make you a secured creditor if they later file for bankruptcy protection. If your judgment debtors might be public employees this website:  transparentcalifornia.com  may confirm it and provide you with information about their salaries and benefits.

Assignment orders can be general, and not list specific names. They can say “25% of all monies due to the judgment debtor from clients he performs accounting services for”. Then, you can serve the assignment order on whoever pays the debtor, including any of their new clients you later discover, after the assignment order is issued.

Another general example would be “The tenant residing at 22 First Street will pay you”. That way, if the tenant moves and someone new moves in, you can have the same assignment order served on the new tenant. If the judge will not allow a generic order, you can find out who is renting, one legal way or another.

Although some lawyers will point out that rent only becomes due in the event of a default, and cannot be assigned: Another point of view is: An assignment of rents clause includes rents as additional security to the real estate described in a Deed of Trust. The deed of trust transfers to the lender (beneficiary of the Deed Of Trust) the right to collect rental income following a default by the borrower/debtor (trustor).

The assignment of rents clause establishes a present security interest (lien) on existing and future rents, issues, and profits from the debtor’s property. Once the Deed Of Trust is recorded, the lien is perfected, giving constructive notice to all of the lender’s security interests, and has priority over all subsequent interests in the rents (e.g., from an assignment order granted to a judgment creditor).

However, a lender generally can only exercise their security interest in any rents after the borrower has defaulted under the Deed Of Trust. This circumstance may interfere with your assignment order, however to exercise their rights to rents by, a lender must enforce their right to the rents by either:

1) delivering written demand on the owner for future rents (and to all other recorded interests in the rents),

2) delivering written demand to the tenants for the future rents (and to all other recorded interests in the rents),

3) having a receiver appointed judicially, or

4) obtaining possession of the rents non-judicially.

So, when you get an assignment order for the rents, be sure it has the exact legal description of the property in it so that you can record it, thus perfecting your interest ahead of any subsequent creditors. Collect your rents until the judgment is paid off. As long as a lender has not enforced his rights under the clause you should be good. If the lender does enforce, they should notice you by sending you the required notice (they have constructive notice of your interest because you recorded it).

If you are noticed by a lender that they are exercising their right to the rents, you must stop collecting and inform the tenants to discontinue sending you any subsequent rents. However, this does not always happen, most lenders simply choose to enforce their interest against the property by foreclosing against the borrower. There is usually a one form of action rule, however a lender’s enforcement of it’s collection rights is usually not considered to be an action, in California, see Civil Code 2938.

Sometimes, after being served an assignment order, the third-parties still pay the judgment debtor instead of you. Even if they mistakenly pay the judgment debtor, they still owe you that payment.

It is good practice to get certified copies of the assignment order, to quickly serve on parties and/or their lawyers, so they cannot claim they did not believe it to be genuine.

As with any courts hearings – with assignment orders; obeying court rules, state laws, and a substantial paperwork load is required.

Often, assignment order paperwork is usually in 5-6 parts. For example, an Assignment Order (which cannot be served ex-parte), (an optional) Temporary Restraining Order. In California, this is covered by CCP 708.520. A Temporary Restraining Order (TRO) is only to restrain the judgment debtor from assigning his rights to the payment stream pending a motion, it does not restrain the payor from paying anyone. The package is the TRO to lock up the funds, a Memorandum of Points and Authorities, a Motion, a Notice of Motion (or Entry of Order), and Proofs Of Service, that are filed with the court. When the stakes are big, consider asking the court to appoint a receiver to make distributions.

A restraining order is a temporary restraining order, which can be obtained with an ex-parte appearance (no notice) in the law and motion department, without notice to the opposing party. Have your process server ready to serve the opposing party immediately after the judge issues the order because it will not be effective until you have served them.

The Notice of Motion (Entry of Order) and the Motion (Order) are sometimes combined into one document. You need to make several copies of all documents, schedule a hearing date at the court, and have the judgment debtor served everything.

In California, CCP 708.510 specifies the debtor can be served by mail. Bring the proof of service to the court, and appear at the court hearing. (If the income is wages, use form FL 435.)

If your order is granted, serve a copy of the order on the judgment debtor by mail, and the parties that will be paying you by mail first. If they do not respond, contact them politely, and if necessary, have them re-served personally.

Please consult with a lawyer when you do your first assignment order.

Assignment Orders

Judgement execution.

Use An Assignment Order To Collect The Money You Are Owed

Collecting a debt can be a challenge — especially against a debtor who is self-employed. When debtors are self-employed, more common forms of judgment enforcement, such as wage garnishments, may not work. Instead, more creative forms of debt collection are necessary.

At the Law Office of Bryan M. Grundon, we investigate every possible source of income. If your debtor is owed money, attorney Grundon will find out, and then use an assignment order to redirect those payments to you.

Located in San Diego, our firm helps businesses and individuals throughout Southern California enforce judgments and collect the debts they are owed. We can help you. Call our office at 858-705-0346 for a consultation.

WHAT IS AN ASSIGNMENT ORDER?

An assignment order is a debt collection tool that allows you to redirect any payments your debtor is receiving to you. Common examples include:

• Rents and commissions from real estate
• Royalties, dividends and residuals
• Tax refunds
• Any payments made for work performed as an independent contractor

The order places a lien on these payments. When they come due, the payer must pay you — the creditor — instead of the debtor. If the payer does not redirect payments to you, it too becomes liable for failure to pay the funds.

EVERY DAY YOU WAIT IS ANOTHER DAY WITHOUT PAYMENT. STOP WAITING. CALL 858-705-0346.

Hiring a skilled execution lawyer is the most efficient way to collect debt. Get the money you are owed. Contact our firm today to get started.

This law firm is a debt collector. Any information obtained will be used for that purpose.

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G-2024-042-FG

In the circuit court of florida, seventh judicial circuit in and for flagler county, re: assignment of cases in circuit court (flagler county), ref: g-2024-042-fg (rescinds g-2022-042-fg).

        WHEREAS, it has been made known to the undersigned that the prompt and expeditious administration of justice in Flagler County requires the publication of a revised case assignment order for the various divisions of the circuit court;

        NOW THEREFORE, I, LEAH R. CASE, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that effective August 20, 2024, cases filed in the Circuit Court in and for Flagler County are to be assigned as follows:

A. CRIMINAL

• All circuit criminal (felony) cases are to be assigned to Division 50. All felony drug court cases are to be assigned to Division 24.

B. FAMILY LAW

• The following types of cases are considered part of Family Law:
• Dissolution of Marriage (includes Simplified)
• Custody, Parental Responsibility, Time-Sharing, Parenting Plans, Visitation
• Child Support (includes UIFSA)
• Temporary Custody by Extended Family (Chapter 751, Fla. Stat.)
• Separate Maintenance
• Declaratory action related to prenuptial, marital settlement, or postnuptial agreements
• Injunction for Protection (Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking)
• Name Change
• Pre-Adoption Termination of Parental Rights (TPR) (Chapter 63, Fla. Stat.)
• Juvenile Delinquency
• Sexting (Section 847.0141, Fla. Stat.)
• Juvenile Dependency
• Injunction to Prevent Child Abuse (Section 39.504, Fla. Stat.)
• Termination of Parental Rights (TPR) (Chapter 39, Fla. Stat.)
• Juvenile Emancipation
• Children / Families in Need of Services (CINS/FINS)
• Waiver of Parental Notice of and Consent for Abortion
• All Family Law cases mentioned above are to be assigned to Division 47.
• Notwithstanding section B (2) above, the judge assigned to Division 60 is to handle Juvenile Delinquency, Truancy and Sexting cases on a temporary basis.

C. PROBATE / GUARDIANSHIP / INCAPACITY / TRUST / MENTAL HEALTH / MEDICAL TREATMENT PROCEDURES

• All probate, guardianship, incapacity and trust cases are to be assigned to Division 48.
• All injunctions for protection against exploitation of vulnerable adults (Section 825.1035, Fla. Stat.) are to be assigned to Division 48.
• All guardianship cases involving children in juvenile dependency court are to be assigned to Division 47.
• All cases seeking court approval of pre-suit settlement of minors’ claims are to be assigned to Division 47.
• All cases seeking expedited judicial intervention for medical treatment procedures are to be assigned to Division 50.
• All Adult Protective Services Act (Chapter 415, Fla. Stat.), Baker Act (Chapter 394, Part I, Fla.Stat.), Marchman Act (Chapter 397, Fla.Stat.) and Tuberculosis Control Act (Chapter 392, Fla. Stat.) cases are to be assigned to Division 49.
• All firearm disability relief (Section 790.065, Fla. Stat.) and risk protection order (Section 790.401, Fla. Stat.) cases are to be assigned to Division 49.
• All cases related to the involuntary admission of an intellectually disabled person to residential services (Section 393.11, Fla. Stat.) are to be assigned to Division 50.

D. GENERAL CIVIL

• The following circuit civil case types are to be assigned to Division 50:
• Professional Malpractice
• Products Liability
• Environmental / Toxic Tort
• Construction Defect
• Negligent Security
• Nursing Home Negligence
• Constitutional / Statutory / Ordinance Challenge
• Discrimination (employment or other)
• Intellectual Property
• Bond Estreature
• Contraband Forfeiture
• Involuntary Civil Commitment of Sexually Violent Predators
• The following circuit civil case types are to be assigned to Division 61:
• Real Property / Mortgage Foreclosure
• Contract and Indebtedness
• Business Transaction – Other
• Trade Secret
• Petition to Extend Statute of Limitations
• Foreign Judgment
• All circuit civil cases not specifically assigned otherwise, including, but not limited to, cases seeking court approval of pre-suit settlements of adults’ claims, are to be assigned to Division 49.
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Python Assignment Order [duplicate]

I am new to python. Can someone explain why the following two python example does not output the same thing?

In the first version, when you write

the expression

is evaluated first. After it has been evaluated, it is subsequently assigned to a, b with tuple unpacking. The key point is that the entire right hand side of an assignment statement is evaluated in its entirety before performing the binding of the left-hand side names.

In the second version,

is performed first, and then

happens after. By which point, a has been re-bound.

So, to illustrate with some values. The first time round the loop, after a, b = 0, 1 we have

Now, b, a + b is 1, 1 . And so we have

But the alternative goes like this:

You ask in a comment:

How would Example 1 be rewritten into 2 statements?

The safest way is to introduce temporary variables. Like this:

In this case you don't actually need two temporary variables, one will suffice, but this is the most general form.

This tuple unpacking is how you swap two values idiomatically in Python. In other languages you write:

In Python you write:

• so how would Example 1 be rewritten into 2 statements? –  YTKColumba Commented Apr 27, 2013 at 19:34
• 2 @YTKColumba: temp = b; b = a+b; a = temp; –  Chris Doggett Commented Apr 27, 2013 at 19:36

Not the answer you're looking for? Browse other questions tagged python or ask your own question .

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New York Mets Need Veteran Hurler to Overcome Recent Struggles

Kerry kauffman | 13 hours ago.

Following a 4-3 walk-off win over the Baltimore Orioles on Wednesday, the New York Mets sit 1.5 games behind the Atlanta Braves for the final Wild Card spot in the National League.

With just 35 games remaining in the regular season, each contest becomes increasingly important. And one issue the Mets have had is the recent struggles of starting pitcher Jose Quintana.

Through Quintana's first 21 starts, the lefty was relatively solid with a record of 6-5 and a 3.89 ERA over 123 1/3 innings. But in his last four starts he has fallen off a steep cliff.

In losses to the Angels and Mariners to begin the month, Quintana allowed eight earned runs and six walks in 11 2/3 innings. The Mets proceeded to lose his following two starts against the A's and Orioles, where the southpaw gave up a combined 11 earned runs and 15 hits over nine innings.

His outing against the A's was a red flag. After given a 5-0 lead early on, Quintana gave up four and failed to make it to the 5th inning. In the end, it was a troublesome loss to a team that is just 54-72 on the season.

Luis Severino and Sean Manaea are a combined 17-11 with an ERA of 3.70 at the top of the rotation. Quintana needs to turn it around quickly and once again become a reliable third starter for the Mets to help them secure a playoff berth.

What if Quintana continues to struggle? Are there any options to replace him?

Manager Carlos Mendoza is confident he can turn things around and really doesn't have much of a choice. There is no obvious replacement on the Mets' current roster or in Triple-A.

Jose Butto has made seven starts but is going to remain in the bullpen, where he is too valuable to remove from his current role. Christian Scott could return but just began his throwing program and still has a ways to go. Tylor Megill posted a 5.17 ERA earlier in the season with the Mets but is sorting out his own issues in Triple-A. Veteran lefty Joey Lucchesi doesn't hold enough upside to replace Quintana either. Brandon Sproat and Blade Tidwell are also in Triple-A but the Mets want them to gain more experience and are more long shots to be called up at this stage.

It appears that the Mets will sink or swim the rest of the way with Quintana. New York can only hope that he regains the form he had in 2022 and 2023 when he posted a combined ERA of 3.13.

KERRY KAUFFMAN

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JSmol Viewer

Dynamic target assignment by unmanned surface vehicles based on reinforcement learning.

1. Introduction

2. related work, 2.2. solving algorithm, 3. moving targets wta model, 3.1. problem description.

• Real-time position, direction, and velocity information of targets can be obtained through intelligence reconnaissance systems. The model in this paper only considers the enemy speed and direction at the calculation time.
• The time required for firepower strikes is not explicitly considered. It is assumed that once firepower nodes reach the designated strike positions, the attacks on enemy targets are successfully executed.

3.2.1. The Position Points

3.2.2. the time of fight, 3.2.3. model for threat assessment, 3.2.4. mathematical formulation, 4. reinforcement learning model, 4.1. multi-agent reinforcement learning setting, 4.2. multi-agent deep deterministic policy gradient, 4.3. encoding, 4.4. algorithm.

5. Experiment

5.1. case study, 5.2. comparative performance analysis, 5.2.1. the quality of solution, 5.2.2. the running time, 5.2.3. the stability, 6. summary and discussion, author contributions, data availability statement, conflicts of interest.

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Share and Cite

Hu, T.; Zhang, X.; Luo, X.; Chen, T. Dynamic Target Assignment by Unmanned Surface Vehicles Based on Reinforcement Learning. Mathematics 2024 , 12 , 2557. https://doi.org/10.3390/math12162557

Hu T, Zhang X, Luo X, Chen T. Dynamic Target Assignment by Unmanned Surface Vehicles Based on Reinforcement Learning. Mathematics . 2024; 12(16):2557. https://doi.org/10.3390/math12162557

Hu, Tao, Xiaoxue Zhang, Xueshan Luo, and Tao Chen. 2024. "Dynamic Target Assignment by Unmanned Surface Vehicles Based on Reinforcement Learning" Mathematics 12, no. 16: 2557. https://doi.org/10.3390/math12162557

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