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Marc Esq USA
Marc Esq USA, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 350
Experience:  Experienced consumer law attorney knows the law and provides customized answers and solutions that you can use.
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I received a Memorandum of Costs after Judgement. I know who

Customer Question

I received a Memorandum of Costs after Judgement. I know who the creditor is and the Attorney representing whom I have been sending regular payments to so not sure exactly what this is/means?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: California. No.
JA: Have you contacted the manufacturer?
Customer: Do you mean the attorney?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Marc Esq USA replied 8 months ago.

Hello. My name is Marc. I'm a licensed attorney and I will be happy to answer your question.

I can imagine how anxious you must feel about this. There probably isn't too much to worry about, but you cannot ignore the Memorandum. Let me first explain what the Memorandum is all about.

The amount recoverable by you judgment creditor includes the total amount of the judgment entered by the court, plus any costs incurred after judgment and accrued interest on the total amount. A judgment creditor is entitled to reimbursement for the “reasonable and necessary” costs of enforcing a judgment. The law provides a detailed list of the types of costs that can be recovered, including the costs of issuing the writ of execution; levying officers’ fees for processing writs or levies; debtor’s examination fees; and fees for preparing, issuing and recording an abstract of judgment or notice of lien . Attorneys’ fees related to the enforcement of a judgment are generally not reimbursable unless the underlying judgment includes an award of attorney’s fees. The law does not provide for reimbursement of costs such as postage, photocopying, or long-distance telephone charges, nor can the judgment creditor be compensated for his or her time or mileage related to enforcement efforts.

Once approved by the court, costs become part of the judgment. To be reimbursable, costs must be reported to the court within two years of being incurred . For this reason, many judgment creditors regularly file a Memorandum of Costs After Judgment with the court.

Take a look at the docs you received to see if they also contain a Writ of Execution, which would indicate that the creditor is preparing to levy your bank account. If you've been making timely payments, though, this shouldn't be a problem. But if there's a Writ of Execution, you can call plaintiff's attorney to try to negotiate a new payment plan if necessary. Make sure the plan is in writing AND includes a statement that "Plaintiff agrees to stay execution of the judgment for so long as Defendant complies with the terms of the payment plan." "Stay of execution" means plaintiff will not try to enforce/collect the judgment.

In any event, since you know the creditor's attorney, you should contact him/her to clarify what it is exactly the creditor is seeking, why, and to resolve any outstanding costs. To that end, be sure to request an itemized list of all costs (expenses and interest).

I wish you a speedy resolution to this! If this helps you to better understand your issues and options, please be sure to rate my answer, since that is the only way I can receive credit.

Kind regards,

Marc

Expert:  Marc Esq USA replied 8 months ago.

Hi. I trust my response was a thorough enough answer to your question. If so, please be so kind as to accept/rate my answer, since that is the only way I can receive credit for my effort.

Thanks!

Marc