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Post-Judgment Enforcement: How To Properly Complete MC-012 Memorandum of Costs?

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InProPerr

Junior Member
Hello,

I'm in the state of California. I've receintly won a small-claims case, and a judgment was entered in my favor. Now I'm at the stage of enforcing/collecting on the judgment, and after spending some money on enforcement and filing some MC-012's to get the costs added, I've finally gotten my first partial payment.

My question is:

When a partial payment is made on a judgment, how are the items 4 and 5 on the next MC-012 completed? In other words, do I wipe the interest amount out on the date of the partial payment and start accruing from zero, and specify only the credit after interest subtracted in the "acknowledgment of credit", or do I continue to accrue interest - now at a slower rate - and specify full payment amount in the "acknowledgment of credit"?

More specifics:

Original judgment amount = $1740.00
Collection costs posted to principal balance (with prior MC-012's) = $166.00
Collection costs not yet posted to principal balance = $175.00 (to appear on the next MC-012)
Interest accrued as of date of payment = $31.93
Partial payment amount = $600.00

So, on the next MC-012, provided no further payments are made/money collected, do I put $600 in Item 4 and ($31.93 + interest accrued after payment) in Item 5, or put $568.07 in Item 4 and only interest accrued after payment in Item 5?

Please advise.

Thanks!
 
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TigerD

Senior Member
What are these $341 in costs? Doesn't matter.

I would recommend that you contact the California Association of Judgment Professionals at http://www.cajp.org/ or http://nationaljudgment.net for information on how to find your way through the process or for a listing of Judgment enforcers in our area.

People at both of those organizations can help you find your path.

DC
 

dcatz

Senior Member
DC is right about directing you to that site but, so that you don’t have to be posting the same question in multiple places, your initial assumption is also correct – i.e. providing no further payments, $600 in Item 4 and $31.93 + accrued interest on the reduced balance in Item 5.

As an aside, you’re paying a lot of money to collect a relatively small sum. It could get worse by the time it’s fully resolved. If the $600 was a voluntary payment, try contacting the debtor and setting up an installment plan. He/she/it knows you’re serious by now, voluntary or involuntary.

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P.S. I read your post as saying that the $31.93 was not included in any prior MC-012 and therefore in any prior writ. If that is incorrect and you previously had a mechanism giving you a legal right to collect that, it should be omitted. Item 5 reflects interest on the principal amount due, and you're not entitled to collect interest on interest. Otherwise, my response stands.
 
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