Memorandum of cost (summary)

[goldie]

Hi all! I am new and very much confused. I hope somebody could help me out with this situation. Last 3/25/09, Judgment was granted against me. When I received the judgment doc by mail, it said, "It is adjudged that on the complaint Plaintiff (credit card company) recover from defendant (me) $11,804.21 for Principal/damages + 1,145.00 for Atty fees +1,715.32 for Interest + .00 for Costs as provided by law (as taxed or ascertained). The total is $14,664.53.

Then today I received a copy of Memorandum of costs (summary) from the attorney for $340.00 for filing and motion fees plus $40.00 for service of process. It looks like this had been filed with the court. What does this mean? Judgment granted on costs is zero. What is the attorney trying to pull now? How can I protect myself especially at this time when I am unemployed?

[rivergone]

did you fight this at all? why did they get judgment? did you show up for hearing?

[calawyer]

The judgment usually leaves the costs blank because the Court frequently doesn't know what they are. So the judgment creditor then files a memorandum of costs detailing the costs allowed by statute. If you feel the costs are incorrect, you can file a "motion to tax costs". If you do not, the Court will add the costs to the judgment.

The costs you mention are typical and most likely are allowed by law. The real question is how the judgment was obtained. If you did not answer, and the judgment was obtained by default, you might consider asking the Court to set aside the default and allowing you to answer the complaint. This will wipe out the judgment although you will then have to litigate the case.

Good luck

[goldie]

Thanks for the info. The judgment was granted because I did not reply to the Notice of motion and motion for judgment on the pleadings.

In my answer to the Complaint, I admitted that I owe money to the creditor and requested for a reasonable settlement at the trial.

At this time, I was still employed and do not have a clue how to answer and what form to use. So I went to the paralegal service, and she asked me if I want to pay the debt and I said "Yes".

But now, after doing researches, I found out that I should have not admitted owing the debt, and I should have affirmative defenses in my Answer. I did not even know that I can ammend my Answer but I did not reserve that right since I did not have affirmaive defenses.

I went to the hearing though and I was not talking about legalities, thus I was way out of line. However, I told the judge that I am unemployed and my savings are all wiped out. He told me to call the creditor and tell them not to spend anymore good money, which I did.

So from here on, I should be expecting an execution of collection judgment that will be exercised by the attorney/assignee. Is there anything else that I should know about?