Collecting against a Memorandum of Costs

[sandyclaus]

What is the name of your state (only U.S. law)? California

I was involved in a civil suit back at the beginning of this year. The case was dismissed by the Plaintiff (she lost a demurrer hearing, and the judge determined that Plaintiff had made so many errors that he suggested that she voluntarily dismiss rather than having her most likely lose at trial). Because she did so, and I had paid filing fees of $440 to date, I filed a Memorandum of Costs to recover them for the dismissal. I filed the MOC back in March, it was marked as received and a copy was sent back to me with the FILED stamp about 6 weeks later (court clerk said they were behind in processing these).

It is my understanding that this is supposed to be like a judgment, and that I am entitled to recover and collect these costs from the Plaintiff. But since its NOT a judgment per se, I have no clue as to how to start that process. Can I treat it like a judgment and start collection procedures against her? File for a debtor's examination to see what assets she has to pay the debt? Or is there a step I'm missing here?

Can someone give me some info on what to do next?

 

[Rexlan]

Generally you ask for costs after judgment, or based on a rule/law that allows the costs ... in this case there is none so you are probably SOL.

Perhaps some of the senior members will chime in on this and offer a better answer.