Can I claim costs/file cost memo (form MC-012) after I file a writ of execution which does not yet have said costs in the writ form (EJ-130)?
Optional Information: State/Country relating to Question: California Already Tried: None
Are you talking about the court costs which are added to the judgment or the costs of execution which would include sheriff fees?
"court costs [and other costs, e.g. attorney fees) which are added to the judgment"
The costs you can include are costs you actually incurred after the judgment was entered. Your original judgment should have included the costs of filing your suit and if you were awarded attorneys fees, those fees. Unless you have a court order you cannot get attorneys fees.
If the costs you are looking to recover are fees associated with filing the judgment, serving the judgment, and things of that nature they are recoverable after the Writ of Execution is issued. Here is a site that will give you guidance on what you can claim.
http://cc-courthelp.org/index.cfm?fuseaction=Page.viewPage&pageId=4806&parentID=2938
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
My question was: "Can I claim costs/file cost memo (form MC-012) after I file a writ of execution which does not yet have said costs in the writ form (EJ-130)?"
Your answer is: "The costs you can include are costs you actually incurred after the judgment was entered. Your original judgment should have included the costs of filing your suit and if you were awarded attorneys fees, those fees. Unless you have a court order you cannot get attorneys fees. If the costs you are looking to recover are fees associated with filing the judgment, serving the judgment, and things of that nature they are recoverable after the writ of execution is issued."
My question was not about what costs (e.g. attorney fees) I can claim, but, instead, was about when do I have to claim them.
I have incurred post-judgment costs, and will incur more after the writ of execution is (finally) issued. I need the writ before I can move for an order to sell a dwelling (which will be more court costs and attorney fees), and I will likely have a motion to compel and/or contempt (relating to debtor's refusal to comply with court orders re post-judgment discovery), etc.
I want to get my writ BEFORE I file a post-judgment cost memo (form MC-012), and I do not want to waive my current and future costs. So I am trying to find out if I can just get my writ now and claim my costs later. The writ (form EJ-130) that I submitted has a "blank" (no data entered) as line item "12. Costs after judgment".
You have two years to file for post judgment costs from the date the costs are incurred. So you can file the form at the same time you seek your writ of execution is issued to cover post judgment costs incurred after judgment but before the writ is issued such as filing fees for the judgment. After the writ is issued you have two years to file another MC-012 from the date of the costs incurred since the last one you filed. You can file additional forms as additional costs are incurred until you have collected all your post judgment costs. Do not let more than two years elapse between the incurring of the cost and the filing of the form. Best practice is to file them periodically as your costs are incurred, perhaps annually or sooner if you have costs and are collecting on the judgment.
Thank you.
That was very helpful, and would be superb if you could provide me with any relevant legal authority(ies) on the subject...I have "the clerk from hell" on this post-judgment case.
Sincerely,
Steve
If you look at the Code of Civil Procedure in §685.040 it states that the Judgment Creditor is entitled to recover the costs of collection. In 685.070(b) it states you have two years after incurring the costs to seek recovery of the expenses. Basically 685.040 to 070 have the things you need to show to the clerk.
I was aware of those sections. If there are another authorities that would be helpful, please let me know about them. If not, please let me know that.
Thank you again either way.
-Steve
Those authorities govern your rights. It is not likely there is any case law on it as these are rarely disputed issues. They should suffice for the clerk.
If this answer does not satisfy your needs you are not required to pay. However, this level of local interpretation is not available to us as experts are from all parts of the country. I do not think anyone can give you a more specific answer as your local town is not provided and we could not access their interpretive rulings in any event. If you would like to see if another expert can help you let me know and I will opt out and let another expert try to help you.
Experience: 30 years experience corporate, litigation, international
Thank you very much.
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