California Attorney Fees

What are the circumstances where a creditor can collect their lawyer's charge on their judgment or when they try to enforce their money judgment? Only if a court or the judgment says you are able to. What about if your lawyer's charges weren't granted on your judgment, but the award of lawyer expenses was written into the judgment?

This is one of my many judgment-related: I'm the Judgment referral expert, not an attorney. This article is only my opinion based on my long term experiences, please hire an attorney when you require legal advice.

I'm not an attorney, but I think because the money judgment specifies the collection of the lawyer expenses, and when your written contract the court lawsuit originated from, specifies your collection of lawyer costs and fees, and/or when there's some law that authorizes a collection of lawyer expenses; then one can add the lawyer's fees expenses to the judgment amount due.

However, if you've got a money judgment awarding lawyer costs, but the underlying court lawsuit wasn't because of a written contract which had a clause specifying post judgment collection of lawyer costs; then in my opinion, you may have to prevail in your noticed court motion to put the lawyer expenses on the judgment. In the very rare situation where lawyer expenses are specified by a law, a noticed court motion might not be needed. Be sure to take action before the judgment gets satisfied.

In certain courts, one may only include lawyer's fees to a judgment, when they're included within ten days of a judgment. Past 10 days, a judgment creditor needs to file and then have served another new lawsuit to get any lawyer costs and court costs.

Within the state of California, to include post judgment lawyer costs on your memorandum of costs (MC-12 form), CCP 685.070 specifies the costs that can be on a MC-12.

CCP 685.070(a) part six specifies that lawyer's costs are allowed, when they're permitted by CCPs 1033.5 and 685.040. When you've got a money judgment awarding lawyer expenses as is allowed by the 2 CCPs, then you can add any post judgment lawyer costs a memorandum of costs form. The more relevant section of CCP 1033.5 specifies lawyer's costs can be authorized by statute or contract.

CCP 685.040 specifies: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Lawyer's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Lawyer's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of lawyer's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.

A relevant lawsuit case within an anti-slap motion which discusses lawyer fees is: Lucky United Properties Inv., Inc. v. Lee, (2010) 185 Cal. App. 4th 125. Another good case is Jaffe v. Pacelli, 165 Cal. App.4th 927 (2008).

Mark Shapiro - Judgment Broker - http://www.JudgmentReferral.com - the place Judgments go and are quickly Collected.

This article was published on 11 Sep 2014 and has been viewed 837 times
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