Definitions and General ProvisionsInterest and Costs
Section § 685.010
This law states that if someone owes you money from a court judgment and hasn't paid, interest usually adds up at 10% per year. However, if the judgment is from January 1, 2023, or later, and involves medical expenses under $200,000 or personal debts under $50,000, the interest rate is only 5% per year. Personal debts include things like credit cards or loans related to personal, family, or household needs. Additionally, the government can change these interest rates at any time, but the new rate only applies to future interest.
Section § 685.020
This law explains when interest starts building up on a money judgment, which is a court order to pay a sum of money. Generally, interest starts on the date the judgment is made. However, if payments are to be made in parts, the interest on each part starts on the due date of each installment, unless the court states otherwise.
Section § 685.030
This law determines when interest stops accumulating on a money judgment. If the debt is fully paid through legal actions like a writ, interest stops based on specific conditions, such as the date of payment. For full payment without a writ, interest stops when the debt is fully satisfied. If only part of the debt is paid, interest stops on the paid part from the time it's received. The court clerk can mark a judgment as fully satisfied even if there's a tiny interest shortfall of ten dollars or less.
Section § 685.040
If you win a court case and have a judgment in your favor, you have the right to recover certain reasonable costs needed to make sure the judgment is enforced. However, you can't automatically claim attorney's fees as part of these costs unless the law specifically allows it. You can include attorney’s fees as costs if the original ruling you won already awarded you attorney's fees based on specific legal grounds.
Section § 685.050
This section explains what costs and interest can be collected when enforcing a judgment using a writ, which is a court order. The costs include the statutory fee for issuing the writ, interest that has built up on the judgment amount since it was entered or renewed, and any statutory costs the officer incurs while carrying out the writ. The interest continues to add up until the judgment is fully paid. The levying officer must collect these amounts and adjust the interest calculations if partial payments are made.
Section § 685.070
This law lets someone who won a lawsuit (the judgment creditor) recover certain costs related to collecting what they're owed. These include fees for things like preparing legal documents, filing liens, and getting help from a court officer. The creditor has two years to file a cost report under oath and serve it to the losing party (the debtor), who can object to these costs within 10 days. If the debtor doesn’t contest them, the costs are accepted. If costs are included in a writ of execution, the court still issues the writ even if costs could later be challenged. Certain extensions for deadlines may apply.
Section § 685.080
If you are owed money from a legal judgment, you can ask the court to pay back certain costs related to collecting that money. You must do this by making an official request before you have been fully paid, but within two years after you spent the money. Your request must detail what costs you are claiming and be backed by a statement from someone who knows the facts, saying the costs are right and necessary. You'll also need to send this request to the person who owes you money. After reviewing, the court will decide what costs you can reasonably be paid back for.
Section § 685.090
This law explains how extra costs can be added to a court judgment in California. Costs are added either after a court order allows them, if nobody challenges a cost claim within the deadline, or as specified in another section. These added costs become part of the total judgment the person owes. If there's already a process to collect money from the debtor, like a wage garnishment, the officer handling it must include these extra costs if they get official confirmation from the court before making any distributions. This ensures that all costs are accounted for in the total amount the debtor needs to pay.
Section § 685.095
When someone authorized delivers a legal document, the cost of this service is added to the total amount that must be paid off in the court's decision.
Section § 685.100
This law section states that if someone (a judgment creditor) wants the court to seize someone's assets to enforce a judgment, they must first pay the necessary costs to the officer responsible for carrying out this process. If the officer needs to hold onto any property, the creditor must also cover those costs for up to 15 days initially, and then continually if needed. If the creditor doesn't pay on time, the officer can release the property. The officer isn’t responsible if property isn’t seized or held because the creditor didn’t pay the required costs.