Jump to content

Memorandum of Cost


Recommended Posts

I recently had a case dismissed against me on March 26 and filed for memorandum of cost (I filed the proof of mailing also) on April 9. I also sent a copy to the JDB who sued me. Am I just waiting on the judge to sign the memorandum right now? Is there something else I need to pursue or file?

Link to comment
Share on other sites

Thank you very much,

Any idea on if they'll pay and is there a time limit they have to pay? If they don't pay, what do I do? I tried googling Memorandum of Cost and nothing much came up. If anyone can direct me to a step by step for this, it'd be appreciated. Thanks.

Link to comment
Share on other sites

Thank you very much,

Any idea on if they'll pay and is there a time limit they have to pay? If they don't pay, what do I do? I tried googling Memorandum of Cost and nothing much came up. If anyone can direct me to a step by step for this, it'd be appreciated. Thanks.

I dont know about your state, but in Washington if you get a Judgement against a "debt collector" thier Licence is suspended if they dont pay within 10 days,, Call your Atty generals office, or Dept of Licence,,and they should have more information

Link to comment
Share on other sites

In our case, here in California, our lawyer said we could place a lien against any potential judgments in the plaintiff's other pending collection lawsuits, so we would get paid before they would. But they paid up promptly, sweet as you please, and it never became an issue.

California doesn't require a license to collect, but I vaguely remember something about their ability to collect would be compromised if they didn't pay off on a judgment against them.

DH

Link to comment
Share on other sites

The reason you didn't find anything is because you don't enforce the memo of costs. You get a JUDGMENT in your favor that includes a cost award. Google "enforcement of judgment" in California and you will find lots of stuff. The judgment accrues interest and any cost of enforcement gets tacked on. Personally, when I obtain a judgment, I give the debtor one opportunity to pay by X date and if they do not, I select the most appropriate method to enforce it.

Link to comment
Share on other sites

  • 3 weeks later...

I won the judgement for memorandum of cost. I recieved the paper in the mail 2 weeks or so ago from the court saying so. I haven't recieved payment from the JDB yet. The paper didn't say how long they had to pay me. Is there a follow up I need to file or will they generally pay within 30 days?

Link to comment
Share on other sites

Now the fun begins.

You are entitled to payment of the judgment immediately. Interest accrues at the rate of 10% per year. If you are not paid in full, you can do all sorts of neat things (google "till tap" for one of my favorites). You can usually add the cost of enforcement to the outstanding judgment.

Write the debtor a letter demanding that the full amount be paid on or before _____ or you will proceed with enforcement. If you are not paid by then, post another message and we will help to to select the best method of enforcement.

Link to comment
Share on other sites

I won the judgement for memorandum of cost. I recieved the paper in the mail 2 weeks or so ago from the court saying so. I haven't recieved payment from the JDB yet. The paper didn't say how long they had to pay me. Is there a follow up I need to file or will they generally pay within 30 days?

I do not know about Cali.

here in WA if you get a judgemnt against a CA, they can have thier Licence suspended for not paying ( up to 2 years) a judgement

Call your Dept of Biz Licence office, tell them you have a Judgement against CA for x and they havent paid you( provide court case number)

http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html

found cali code of civil procedure

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.