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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 27231
Experience:  Attorney
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I have received a judgment but have yet to receive payment.

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I have received a judgment but have yet to receive payment. I have exhausted several steps and am considering a keeper on the business during a peak time of the week. If I pay for the keeper up front, can I also add this amount onto the judgment? That is, if I pay the $225 for the keeper, and only collect $225, is the judgment still at the pre-keeper amount? Thanks!

My name is XXXXX XXXXX I'd be happy to answer your questions today.

What is your purpose in hiring the keeper?

How is it related to the judgment?
Customer: replied 5 years ago.
I am interested in using the keeper as a means of putting pressure on the debtor. The judgment was issued in October, and I have since only heard from the debtor's lawyer when I call them.

The judgment is for $30K, and while I understand I will not be getting anything close to that amount with this method of collection, I want to know if the cost of using a keeper will be applied to the debtor as it is a cost for collection.
A judgment creditor is entitled to the "reasonable and necessary costs of collection." Cal. Code Civ. P., Section 685.040. The statute specifically excludes attorney's fees. The costs of hiring a keeper to collect for you would probably not be considered part of the reasonable and necessary costs of collection, which usually includes costs associated with filing liens, garnishing wages, getting a levy, etc.

The creditor has the burden of proving that costs are reasonable and necessary. The way to collect is to file a Memorandum of Costs with the court.
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