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Collecting on an MC-010

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I filed with the court and served a MC-010 to Midland for a case dismissed with prejudice 30 days ago. They never objected to the memorandum of costs. Is there a time limit they have to pay the costs? And, if they are in default, what is the course of action to collect on the costs?

Thanks for your help.

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I filed with the court and served a MC-010 to Midland for a case dismissed with prejudice 30 days ago. They never objected to the memorandum of costs. Is there a time limit they have to pay the costs? And, if they are in default, what is the course of action to collect on the costs?

Thanks for your help.

Under California procedure, if plaintiff does not believe that the claimed costs are appropriate, it must file a motion to tax costs. That motion must be filed 15 days after service of the cost memo (plus 5 if mailed). If that time has passed, and no motion has been filed, you should submit a proposed judgment to the Court for its signature. I have posted a form in the past.

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Thanks Calawyer. I finally found the previous posts with links and suggestions on forms to complete for judgment and also a possible pleading for judgment....still confused, I stoppled by to talk to the court clerk....I asked her protocol for collecting on the MC-010...she told me "I already told you that the case is closed and you can't collect"....I told her this was a different case....she looked it up and stated "this case is closed too. You can't collect unless the judge gave you an order to collect. The plaintiff's have no reason to pay you without it"....I stated that I had asked the judge about receiving reimbursements of my costs and that he said "you will need to prepare the proper forms". I also never received an order from the judge/court on the day of trial....so she told me "well then, you need to write a letter to the judge, because this case is closed and you cannot collect costs"....This court clerk looks like she has been running that court window for a long time, so I don't think she is giving me misinformation, but everything I have read is contradicatory to what she is saying.....so, I am going to write a letter to the judge (in pleading) requesting costs, and see if they grant them to me....kind of odd too, that I filed an MC-010 to the attorneys for the OC on a separate case that they dismissed without prejudice a day before the trial, and the attorney's office sent me a check within 5-days of service of the MC-010 by mail...

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Thanks Calawyer. I finally found the previous posts with links and suggestions on forms to complete for judgment and also a possible pleading for judgment....still confused, I stoppled by to talk to the court clerk....I asked her protocol for collecting on the MC-010...she told me "I already told you that the case is closed and you can't collect"....I told her this was a different case....she looked it up and stated "this case is closed too. You can't collect unless the judge gave you an order to collect. The plaintiff's have no reason to pay you without it"....I stated that I had asked the judge about receiving reimbursements of my costs and that he said "you will need to prepare the proper forms". I also never received an order from the judge/court on the day of trial....so she told me "well then, you need to write a letter to the judge, because this case is closed and you cannot collect costs"....This court clerk looks like she has been running that court window for a long time, so I don't think she is giving me misinformation, but everything I have read is contradicatory to what she is saying.....so, I am going to write a letter to the judge (in pleading) requesting costs, and see if they grant them to me....kind of odd too, that I filed an MC-010 to the attorneys for the OC on a separate case that they dismissed without prejudice a day before the trial, and the attorney's office sent me a check within 5-days of service of the MC-010 by mail...

Did you file the MC-010 with the Court?

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Yes...the case was dismissed in front of the judge as the plaintiff's witness did not show up, and when I requested with prejudice, he agreed (said I deserved it)...that was on August 23rd, and I filed with the court the MC-010 and mailed with proof of service on August 27th. The plaintiff's never filed an objection with the court.

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I believe the clerk may have been mistaken (surprised?). If the MC-010 is filed, then Midland still has a few more days to file their motion to tax costs - they may, they may not...

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Yes...the case was dismissed in front of the judge as the plaintiff's witness did not show up, and when I requested with prejudice, he agreed (said I deserved it)...that was on August 23rd, and I filed with the court the MC-010 and mailed with proof of service on August 27th. The plaintiff's never filed an objection with the court.

Did plaintiff file a request for dismissal or did the Court order that the case be dismissed?

If the latter, did the Court specifically say that no costs would be awarded?

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The rental attorney asked the judge for a short recess to call the office as she was not aware that the affiant had been subpoenaed....she came back to say that they were going to dismiss the case...I asked it be dismissed with prejudice...that was agreed by the judge....I asked for costs, and he said I would need to fill out the forms to request them....

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The rental attorney asked the judge for a short recess to call the office as she was not aware that the affiant had been subpoenaed....she came back to say that they were going to dismiss the case...I asked it be dismissed with prejudice...that was agreed by the judge....I asked for costs, and he said I would need to fill out the forms to request them....

Sorry for all of the questions but it makes a difference. Here is a link to a post with a form of judgment. http://www.creditinfocenter.com/forums/there-lawyer-house/310930-memorandum-costs-not-disputed-plaintiff-2.html

You should prepare it and send to the judge with a cover letter asking him/her to sign and return to you in a SASE. Copy the plaintiff's lawyer. You might want to explain that you are the prevailing party. This post will help:

http://www.creditinfocenter.com/forums/there-lawyer-house/311151-opposing-party-dont-want-pay.html

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