Section § 685.010

Explanation

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.

(a)Copy CA Civil Procedure Code § 685.010(a)
(1)Copy CA Civil Procedure Code § 685.010(a)(1) Except as provided in paragraph (2), interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied.
(2)Copy CA Civil Procedure Code § 685.010(a)(2)
(A)Copy CA Civil Procedure Code § 685.010(a)(2)(A) For judgments entered on or after January 1, 2023, or where an application for renewal of judgment is filed on or after January 1, 2023, interest accrues at the rate of 5 percent per annum on the principal amount of a money judgment remaining unsatisfied in the following cases:
(i)CA Civil Procedure Code § 685.010(a)(2)(A)(i) The principal amount of a money judgment of under two hundred thousand dollars ($200,000) remaining unsatisfied against a debtor for a claim related to medical expenses.
(ii)CA Civil Procedure Code § 685.010(a)(2)(A)(ii) The principal amount of a money judgment of under fifty thousand dollars ($50,000) remaining unsatisfied against a debtor for a claim related to personal debt.
(B)CA Civil Procedure Code § 685.010(a)(2)(A)(B) The claims specified in subparagraph (A) include, but are not limited to, a claim based on any of the following transactions:
(i)CA Civil Procedure Code § 685.010(a)(2)(A)(B)(i) An agreement governing the use of a credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code.
(ii)CA Civil Procedure Code § 685.010(a)(2)(A)(B)(ii) A conditional sale contract as defined in subdivision (a) of Section 2981 of the Civil Code.
(iii)CA Civil Procedure Code § 685.010(a)(2)(A)(B)(iii) A deferred deposit transaction as defined in subdivision (a) of Section 23001 of the Financial Code.
(C)CA Civil Procedure Code § 685.010(a)(2)(A)(C) For purposes of this paragraph, the following definitions apply:
(i)CA Civil Procedure Code § 685.010(a)(2)(A)(C)(i) “Debtor” means a natural person from whom money is due or owing or alleged to be due or owing.
(ii)CA Civil Procedure Code § 685.010(a)(2)(A)(C)(ii) “Due or owing” does not include debts incurred due to or obtained by tortious or fraudulent conduct or judgments for unpaid wages, damages, or penalties owed to an employee.
(iii)CA Civil Procedure Code § 685.010(a)(2)(A)(C)(iii) “Personal debt” means money due or owing or alleged to be due or owing from a natural person arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for the debtor’s personal, family, or household purposes.
(b)CA Civil Procedure Code § 685.010(b) The Legislature reserves the right to change the rate of interest provided in subdivision (a) at any time, regardless of the date of entry of the judgment or the date any obligation upon which the judgment is based was incurred. A change in the rate of interest may be made applicable only to the interest that accrues after the operative date of the statute that changes the rate.

Section § 685.020

Explanation

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.

(a)CA Civil Procedure Code § 685.020(a) Except as provided in subdivision (b), interest commences to accrue on a money judgment on the date of entry of the judgment.
(b)CA Civil Procedure Code § 685.020(b) Unless the judgment otherwise provides, if a money judgment is payable in installments, interest commences to accrue as to each installment on the date the installment becomes due.

Section § 685.030

Explanation

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.

(a)CA Civil Procedure Code § 685.030(a) If a money judgment is satisfied in full pursuant to a writ under this title, interest ceases to accrue on the judgment:
(1)CA Civil Procedure Code § 685.030(a)(1) If the proceeds of collection are paid in a lump sum, on the date of levy.
(2)CA Civil Procedure Code § 685.030(a)(2) If the money judgment is satisfied pursuant to an earnings withholding order, on the date and in the manner provided in Section 706.024 or Section 706.028.
(3)CA Civil Procedure Code § 685.030(a)(3) In any other case, on the date the proceeds of sale or collection are actually received by the levying officer.
(b)CA Civil Procedure Code § 685.030(b) If a money judgment is satisfied in full other than pursuant to a writ under this title, interest ceases to accrue on the date the judgment is satisfied in full.
(c)CA Civil Procedure Code § 685.030(c) If a money judgment is partially satisfied pursuant to a writ under this title or is otherwise partially satisfied, interest ceases to accrue as to the part satisfied on the date the part is satisfied.
(d)CA Civil Procedure Code § 685.030(d) For the purposes of subdivisions (b) and (c), the date a money judgment is satisfied in full or in part is the earliest of the following times:
(1)CA Civil Procedure Code § 685.030(d)(1) The date satisfaction is actually received by the judgment creditor.
(2)CA Civil Procedure Code § 685.030(d)(2) The date satisfaction is tendered to the judgment creditor or deposited in court for the judgment creditor.
(3)CA Civil Procedure Code § 685.030(d)(3) The date of any other performance that has the effect of satisfaction.
(e)CA Civil Procedure Code § 685.030(e) The clerk of a court may enter in the Register of Actions a writ of execution on a money judgment as returned wholly satisfied when the judgment amount, as specified on the writ, is fully collected and only an interest deficit of no more than ten dollars ($10) exists, due to automation of the continual daily interest accrual calculation.

Section § 685.040

Explanation

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.

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

Section § 685.050

Explanation

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.

(a)CA Civil Procedure Code § 685.050(a) If a writ is issued pursuant to this title to enforce a judgment, the costs and interest to be satisfied in a levy under the writ are the following:
(1)CA Civil Procedure Code § 685.050(a)(1) The statutory fee for issuance of the writ.
(2)CA Civil Procedure Code § 685.050(a)(2) The amount of interest that has accrued from the date of entry or renewal of the judgment to the date of issuance of the writ, as adjusted for partial satisfactions, if the judgment creditor has filed an affidavit with the court clerk stating such amount.
(3)CA Civil Procedure Code § 685.050(a)(3) The amount of interest that accrues on the principal amount of the judgment remaining unsatisfied from the date of issuance of the writ until the date interest ceases to accrue.
(4)CA Civil Procedure Code § 685.050(a)(4) The levying officer’s statutory costs for performing the duties under the writ.
(b)CA Civil Procedure Code § 685.050(b) In a levy under the writ, the levying officer shall do all of the following:
(1)CA Civil Procedure Code § 685.050(b)(1) Collect the amount of costs and interest entered on the writ pursuant to paragraphs (1) and (2) of subdivision (a).
(2)CA Civil Procedure Code § 685.050(b)(2) Compute and collect the amount of additional interest required to be collected by paragraph (3) of subdivision (a) by reference to the daily interest entered on the writ. If amounts collected periodically do not fully satisfy the money judgment, the levying officer shall adjust the amount of daily interest to reflect the partial satisfactions, and make later collections by reference to the adjusted amount of daily interest.
(3)CA Civil Procedure Code § 685.050(b)(3) Determine and collect the amount of additional costs pursuant to paragraph (4) of subdivision (a).

Section § 685.070

Explanation

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.

(a)CA Civil Procedure Code § 685.070(a) The judgment creditor may claim under this section the following costs of enforcing a judgment, which shall not include costs exempted under this title:
(1)CA Civil Procedure Code § 685.070(a)(1) Statutory fees for preparing and issuing, and recording and indexing, an abstract of judgment or a certified copy of a judgment.
(2)CA Civil Procedure Code § 685.070(a)(2) Statutory fees for filing a notice of judgment lien on personal property.
(3)CA Civil Procedure Code § 685.070(a)(3) Statutory fees for issuing a writ for the enforcement of the judgment to the extent that the fees are not satisfied pursuant to Section 685.050.
(4)CA Civil Procedure Code § 685.070(a)(4) Statutory costs of the levying officer for performing the duties under a writ to the extent that the costs are not satisfied pursuant to Section 685.050 and the statutory fee of the levying officer for performing the duties under the Wage Garnishment Law to the extent that the fee has not been satisfied pursuant to the wage garnishment.
(5)CA Civil Procedure Code § 685.070(a)(5) Costs incurred in connection with any proceeding under Chapter 6 (commencing with Section 708.010) of Division 2 that have been approved as to amount, reasonableness, and necessity by the judge or referee conducting the proceeding.
(6)CA Civil Procedure Code § 685.070(a)(6) Attorney’s fees, if allowed by Section 685.040.
(b)CA Civil Procedure Code § 685.070(b) Before the judgment is fully satisfied but not later than two years after the costs have been incurred, the judgment creditor claiming costs under this section shall file a memorandum of costs with the court clerk and serve a copy on the judgment debtor. Service shall be made personally or by mail. The memorandum of costs shall be executed under oath by a person who has knowledge of the facts and shall state that to the person’s best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied.
(c)CA Civil Procedure Code § 685.070(c) Within 10 days after the memorandum of costs is served on the judgment debtor, the judgment debtor may apply to the court on noticed motion to have the costs taxed by the court. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case.
(d)CA Civil Procedure Code § 685.070(d) If no motion to tax costs is made within the time provided in subdivision (c), the costs claimed in the memorandum are allowed.
(e)CA Civil Procedure Code § 685.070(e) If a memorandum of costs for the costs specified in subdivision (a) is filed at the same time as an application for a writ of execution, these statutory costs not already allowed by the court in an amount not to exceed one hundred dollars ($100) in the aggregate may be included in the amount specified in the writ of execution, subject to subsequent disallowance as ordered by the court pursuant to a motion to tax if filed by the debtor. The memorandum of costs shall contain the following statement: “The fees sought under this memorandum may be disallowed by a court upon a motion to tax filed by the debtor notwithstanding the fees having been included in the writ of execution.” The inclusion of the above costs in the writ of execution or the pendency of the motion to tax on these costs shall not be cause for the clerk of the court to delay issuing the writ of execution or for the levying officer to delay enforcing the writ of execution.
(f)CA Civil Procedure Code § 685.070(f) Section 1013, extending the time within which a right may be exercised or an act may be done, applies to this section.

Section § 685.080

Explanation

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.

(a)CA Civil Procedure Code § 685.080(a) The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred. The costs claimed under this section may include, but are not limited to, costs that may be claimed under Section 685.070 and costs incurred but not approved by the court or referee in a proceeding under Chapter 6 (commencing with Section 708.010) of Division 2.
(b)CA Civil Procedure Code § 685.080(b) The notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person’s best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. The notice of motion shall be served on the judgment debtor. Service shall be made personally or by mail.
(c)CA Civil Procedure Code § 685.080(c) The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case.

Section § 685.090

Explanation

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.

(a)CA Civil Procedure Code § 685.090(a) Costs are added to and become a part of the judgment:
(1)CA Civil Procedure Code § 685.090(a)(1) Upon the filing of an order allowing the costs pursuant to this chapter.
(2)CA Civil Procedure Code § 685.090(a)(2) If a memorandum of costs is filed pursuant to Section 685.070 and no motion to tax is made, upon the expiration of the time for making the motion.
(3)CA Civil Procedure Code § 685.090(a)(3) As specified in Section 685.095.
(b)CA Civil Procedure Code § 685.090(b) The costs added to the judgment pursuant to this section are included in the principal amount of the judgment remaining unsatisfied.
(c)CA Civil Procedure Code § 685.090(c) If a writ or earnings withholding order is outstanding at the time the costs are added to the judgment pursuant to this section, the levying officer shall add the amount of those costs to the amount to be collected pursuant to the writ or earnings withholding order if the levying officer receives either of the following before the writ or earnings withholding order is returned:
(1)CA Civil Procedure Code § 685.090(c)(1) A certified copy of the court order allowing the costs.
(2)CA Civil Procedure Code § 685.090(c)(2) A certificate from the clerk of the court that the costs have been added to the judgment where the costs have been added to the judgment after a memorandum of costs has been filed pursuant to Section 685.070 and no motion to tax has been made within the time allowed for making the motion.
(d)CA Civil Procedure Code § 685.090(d) The levying officer shall include the costs described in subdivision (c) in the amount of the sale or collection distributed to the judgment creditor only if the levying officer receives the certified copy of the court order or the clerk’s certificate before the distribution is made.

Section § 685.095

Explanation

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.

When a writ is served by a levying officer or registered process server, the costs for that service, as determined pursuant to Section 1033.5, shall be added to and become part of the judgment.

Section § 685.100

Explanation

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.

(a)CA Civil Procedure Code § 685.100(a) Except as otherwise provided by law:
(1)CA Civil Procedure Code § 685.100(a)(1) As a prerequisite to the performance by the levying officer of a duty under this title, the judgment creditor shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty.
(2)CA Civil Procedure Code § 685.100(a)(2) As a prerequisite to the taking of property into custody by the levying officer, whether by keeper or otherwise, the judgment creditor shall deposit with the levying officer a sum of money sufficient to pay the costs of taking the property and keeping it safely for a period not to exceed 15 days. If continuation of the custody of the property is required, the levying officer shall, from time to time, demand orally or in writing that the judgment creditor deposit additional amounts to cover estimated costs for periods not to exceed 30 days each. A written demand may be mailed or delivered to the judgment creditor. The judgment creditor has not less than three business days after receipt of the demand within which to comply with the demand. If the amount demanded is not paid within the time specified in the oral or written demand, the levying officer shall release the property.
(b)CA Civil Procedure Code § 685.100(b) The levying officer is not liable for failure to take or hold property unless the judgment creditor has complied with the provisions of this section.

Section § 685.110

Explanation
This law states that the rules in this chapter do not change anything about how interest is calculated before a judgment is made.
Nothing in this chapter affects the law relating to prejudgment interest.