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California small claims with judgement entered: When you…

California small claims with judgement...
California small claims with judgement entered:
When you file a MC-012 for memorandum of cost, will it be added to the total amount the defendant owes you? Or you have to file EJ-130 as well in order to get that total amount that the defendant has to pay you?
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Answered in 7 minutes by:
10/16/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,829
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You need both forms.

The MC-012 is completed to assess the post judgment costs and interest against the defendant. The defendant owes you this amount in addition to the judgment amount awarded.

Here is the instructions on completing the form:

http://file.lacounty.gov/SDSInter/dca/205642_MC012InstructionSheetRevised03.20.13.pdf

The EJ-130 is a Writ of Execution used if the Defendant foes not voluntarily pay you the monies owed. It allows you to enforce your judgment by asking the Court to issue the Writ to be taken to the Sheriff so that property may be seized to enforce the judgment and post judgment costs and interests.

Here is the instructions for this form:

http://www.file.lacounty.gov/SDSInter/dca/205643_WritinstructionsRevised03.20.13.pdf

There is also a related form that allows for the levy of property:

http://www.alpine.courts.ca.gov/Portals/0/Forms/Enforcement%20of%20Judgement/ej150.pdf

California has an excellent self help system and there are centers that can assist you with these forms. See:

http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm?rdeLocaleAttr=en

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 4 months ago
when I file a debtor examination (SC-134), do I also need to file a EJ-130?
Customer reply replied 4 months ago
Or otherwise the new costs won't be added and defendant will only owe what appears on the previous EJ-130 (I have previously filed EJ-130).

yes. You will need to do a new EJ -130 to add the additional costs.

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Customer reply replied 4 months ago
then I have to mail (by a third party) EJ-130 or both EJ-130 and MC-012 to the defendant?

Yes.

You are discovering the hard truth that getting a judgment is not the end. Collecting on it is often more difficult then obtaining it.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 4 months ago
do I mail right away or after I get the writ back from the court?Mail just EJ-130?

The clerk mails the EJ -130. You have to wait 30 days after that to take action to levy property.

Please review this detailed description of the process.

http://www.occourts.org/self-help/smallclaims/collectingthejudgment.html

Do not pass on the opportunity to use the self help centers. They have staff that can help you.

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Customer reply replied 4 months ago
Just want to make sure, for debtor examination (not levy) do I need to file EJ-130?I thought I have to mail MC-012.
You use the MC 012 to find out where the defendant's assets may be. You mail that.The EJ 130 is issued by clerk. It tells the Defendant that the Court will authorize the seizure of assets if the judgment is not paid.
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Customer reply replied 4 months ago
Still, I want to make sure for debtor exam(sc134), do I need to file a new ej130 or mc012 is enough?
They do different things. You need both. I don't know how else to explain this. I will opt out so another expert can help you.
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,829
Experience: Over 30 years of experience
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Gerald, Esq and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
Sorry I can't rate you on the button. Can you reopen it?
Customer reply replied 3 months ago
Hi so I have filed the debtor examination. Now how many copies do I need to bring to the sheriff to serve it?
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