Every dollar you spend enforcing a judgment - filing fees, service costs, levy fees - can be added to what the debtor owes. File a memorandum of costs after judgment under CCP 685.070 to increase your judgment and recover your enforcement expenses.
A memorandum of costs after judgment under CCP 685.070 is a form you file with the court listing your post-judgment enforcement expenses. Once filed and allowed, these costs become part of the judgment - the debtor owes them, and they earn 10% interest just like the original judgment.
Don't wait until collection is complete. File a memorandum of costs after each enforcement action. This ensures your costs are documented, earning interest, and protected if the debtor later files bankruptcy or the judgment is renewed.
Under CCP 685.040, you can recover reasonable and necessary costs of enforcement:
| Cost Type | Typical Amount | Notes |
|---|---|---|
| Writ of Execution (issuance) | $40-60 | Court filing fee |
| Abstract of Judgment | $40 | Per county recorded |
| Recording fees | $15-50 | County recorder charges |
| Sheriff's levy fee | $50-150 | Per levy instruction |
| Registered process server | $50-150 | Per service |
| Debtor examination filing | $60 | Motion fee |
| Keeper fees | $200-1,000+ | Business levy keepers |
| Notary fees | $15-30 | Per acknowledgment |
| Certified copies | $25-50 | From court clerk |
Attorney's fees for post-judgment enforcement are recoverable only if:
If the debtor contests your costs, you'll need documentation. Keep receipts, invoices, and proof of payment for every expense. The court won't allow costs you can't prove.
Use Judicial Council Form MC-012 (Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest).
There is no filing fee for a memorandum of costs after judgment. It's filed in the existing case.
File after you've incurred the costs. You can file multiple memoranda throughout the collection process. Each filing covers costs incurred since your last filing (or since judgment if it's your first).
The debtor has 10 days after service to file a motion to tax (reduce) your costs under CCP 685.070(c).
You'll receive notice of a hearing. Bring your documentation to prove each cost was reasonable and necessary. The court will allow, reduce, or disallow contested items.
If the debtor doesn't file a timely objection, your costs are automatically allowed as claimed. The costs become part of the judgment without any hearing.
Under CCP 685.050, payments are applied in this order:
If you levy the debtor's bank account and recover $5,000:
This payment order means your enforcement expenses are reimbursed before any payment reduces the principal. You're not paying out of pocket for collection - the debtor is.
As often as you need to. There's no limit. You can file after each enforcement action, quarterly, annually, or whenever you've accumulated meaningful costs. I typically file after each significant enforcement effort (each levy, each debtor exam, etc.) to keep the judgment balance current.
Limited. Skip trace fees and asset search costs may be recoverable if reasonable and necessary to locate assets for enforcement. However, general "monitoring" or speculative investigation isn't typically allowed. Stick to investigation directly tied to specific enforcement actions.
Yes. When you file for judgment renewal, you include all outstanding costs and accrued interest. The renewed judgment reflects the total: original principal + costs + interest. File your memorandum of costs before renewal to ensure everything is captured.
Generally recoverable if the attempt was reasonable. A bank levy that returns "account closed" still incurred costs - you didn't know the account was empty. However, repeatedly levying accounts you know are empty would be unreasonable. Document why each attempt was reasonable at the time.
Small incidental costs are technically recoverable but rarely worth itemizing. Courts may reduce nominal costs as unreasonable to track. Focus on significant costs - filing fees, service fees, levy costs. If you want to recover postage, batch it into reasonable estimates rather than itemizing each stamp.
I help creditors document and recover all allowable enforcement costs, ensuring your judgment balance stays current and maximizing your eventual recovery.