HomelessInCalifornia

GOING TO TRIAL IN CALIFORNIA

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Help.

 

I am confused.

 

On June 24, 2013, I filed and served (by mail):

 

1) [Proposed] Judgment for Defendant; and

2) Memorandum of Costs

 

There has been no Motion to Tax Costs.  As I understand it, plaintiff had until July 14, 2013 to file such a motion (15 days from service plus 5 for service by U.S. Mail).

 

I have received no Judgment from the court or any other documents and nothing from the plaintiff.

 

I went online today and through a public access records found the records for my case.  The Court entered a Judgment on June 26, 2013.  I paid for that document and downloaded it.

 

It is my [Proposed] Judgment with the proposed crossed out and with the judge's signature and date of filing and execution of June 26, 2013.

 

The amount I had entered ($775.25) is crossed out and the words "costs of suit" is handwritten in and initialed by the judge.

 

What does that mean?  Does that mean I send a copy of this judgment, plus a copy of the Memo of costs, plus a cover letter demanding payment of $775.25 to the plaintiff's attorney now?  Since no motion to tax costs was entered does that mean "costs of suit" is $775.25?

 

If I do need a cover letter, does anyone have sample language for that?

 

Thanks.

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Help.

 

I am confused.

 

On June 24, 2013, I filed and served (by mail):

 

1) [Proposed] Judgment for Defendant; and

2) Memorandum of Costs

 

There has been no Motion to Tax Costs.  As I understand it, plaintiff had until July 14, 2013 to file such a motion (15 days from service plus 5 for service by U.S. Mail).

 

I have received no Judgment from the court or any other documents and nothing from the plaintiff.

 

I went online today and through a public access records found the records for my case.  The Court entered a Judgment on June 26, 2013.  I paid for that document and downloaded it.

 

It is my [Proposed] Judgment with the proposed crossed out and with the judge's signature and date of filing and execution of June 26, 2013.

 

The amount I had entered ($775.25) is crossed out and the words "costs of suit" is handwritten in and initialed by the judge.

 

What does that mean?  Does that mean I send a copy of this judgment, plus a copy of the Memo of costs, plus a cover letter demanding payment of $775.25 to the plaintiff's attorney now?  Since no motion to tax costs was entered does that mean "costs of suit" is $775.25?

 

If I do need a cover letter, does anyone have sample language for that?

 

Thanks.

The judge has ordered them to pay you something. Was your cost of suit more or less than $775.25? Whatever the cost of suit was is what he's saying they have to pay.

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For the benefit of the entire board, I think what Homeless needs is a judgment reflecting the amount of costs which, by operation of law (because no motion to tax was filed) has become final.  I recommend preparing an amended judgment reciting that a cost memo was filed showing ___ in costs, no motion to tax was filed, therefore the defendant is awarded ___ in costs.

 

Once it is entered, you become a judgment creditor and then get to collect by all means permitted under the law.

 

Have fun.

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Thanks guys. 

 

I put together this language for a [PROPOSED] AMENDED JUDGMENT FOR DEFENDANT (ENTIRE ACTION):

 

AFTER COURT TRIAL.  The jury was waived.  The Court considered the evidence.

            The case was tried on _________ __, 2013 at _____ p.m. in Department __ before Commissioner ______________.

            Appearance was made by Plaintiff ___________, represented by attorney __________.

            Appearance was made by Defendant _______________, represented in propria persona.

            JUDGMENT IS ENTERED AS FOLLOWS by THE COURT:

            JUDGMENT IS IN FAVOR OF THE DEFENDANT ON ALL COUNTS.

            Plaintiff is to receive NOTHING from the Defendant.

            Defendant is awarded costs of suit.

            A Memorandum of Costs for a total of $775.25 was filed and served by Defendant on ___________ __, ____.

            No Motion to Tax Costs has been filed. 

            Pursuant to CCP §§685.010-685.110, Defendant’s Memorandum of Costs is approved and costs of suit is adjudged to be $775.25.

            Therefore, Defendant is to be paid an amount of $775.25 by Plaintiff together with post-judgment interest on such judgment as provided by law.

 

Does that look right?  Are the codes right? Do I have to serve it on plaintiff?  Or just deliver it to the court?

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Oh My God, You get to freeze their bank accounts ouch. You get to report on their credit report ouwee. Lucky Dog.

 

You can send it to collections...

 

Or send the sheriff to their office with an order to start seizing office furniture, computers, phones, etc...

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Go for their servers(the computer ones), Have the sheriffs cart it out right in front of them and then keep it as a trophy.

 

And for the record earlier in the thread I thought the brief was way to long, come to find out it was just barely long enough. For those remarks I retract them and say to everyone running your own race is the key to victory.

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*BUMP*

 

Thanks guys. 

 

I put together this language for a [PROPOSED] AMENDED JUDGMENT FOR DEFENDANT (ENTIRE ACTION):

 

AFTER COURT TRIAL.  The jury was waived.  The Court considered the evidence.

            The case was tried on _________ __, 2013 at _____ p.m. in Department __ before Commissioner ______________.

            Appearance was made by Plaintiff ___________, represented by attorney __________.

            Appearance was made by Defendant _______________, represented in propria persona.

            JUDGMENT IS ENTERED AS FOLLOWS by THE COURT:

            JUDGMENT IS IN FAVOR OF THE DEFENDANT ON ALL COUNTS.

            Plaintiff is to receive NOTHING from the Defendant.

            Defendant is awarded costs of suit.

            A Memorandum of Costs for a total of $775.25 was filed and served by Defendant on ___________ __, ____.

            No Motion to Tax Costs has been filed. 

            Pursuant to CCP §§685.010-685.110, Defendant’s Memorandum of Costs is approved and costs of suit is adjudged to be $775.25.

            Therefore, Defendant is to be paid an amount of $775.25 by Plaintiff together with post-judgment interest on such judgment as provided by law.

 

Does that look right?  Are the codes right? Do I have to serve it on plaintiff?  Or just deliver it to the court?

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Revised language for a [PROPOSED] AMENDED JUDGMENT FOR DEFENDANT (ENTIRE ACTION)

:

 

AFTER COURT TRIAL.  The jury was waived.  The Court considered the evidence.

            The case was tried on _________ __, 2013 at ______ p.m. in Department __ before _________________.

            Appearance was made by Plaintiff __________, represented by attorney ___________.

            Appearance was made by Defendant _____________, represented in propria persona.

            JUDGMENT IS ENTERED AS FOLLOWS by THE COURT:

            JUDGMENT IS IN FAVOR OF THE DEFENDANT ON ALL COUNTS.

            Plaintiff is to receive NOTHING from the Defendant.

            Defendant is awarded costs of suit.

            A Memorandum of Costs for a total of $775.25 was filed and served by Defendant on _________ __, 2013.

            No Motion to Tax Costs has been filed. 

            Pursuant to CCP §685.090(a)(2) and California Rule of Court 3.1700( b )(4), Defendant is awarded his costs in the amount of $775.25.

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It looked right to me, I took you at your word as far as the codes (I figured you would have them right). And you would send it to the plaintiff. I felt someone else might be more qualified to answer; but haven't seen a response. Good Luck

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It looked right to me, I took you at your word as far as the codes (I figured you would have them right). And you would send it to the plaintiff. I felt someone else might be more qualified to answer; but haven't seen a response. Good Luck

Thanks. :) It's all good. I posted the redacted revised version if anyone wanted to see it.  I'm good now.

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Okay, this is where I got stuck . They refused to sign that one and give it back to me ,  do you think I should try this one again now that I have the judgment and allowed the courts rules on time frame to pass .   See last page where I left off with court rules.

 

http://www.creditinfocenter.com/community/topic/316868-midland-funding/page-13

 

 

Hope to see your results ,  I have not been able to take time off work yet, but will do so this week just to see if they sign now.

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So, I served and filed my [Proposed] Amended Judgment for Defendant (Entire Action) today.

 

I spoke with the clerk about several issues and got some interesting feedback to share.

 

1) I told the clerk that I never got a copy of the Judgment that was entered, and only got a copy by a random search of public access court records, and I had to pay $1/page for a copy (for a total of $3).  I asked if the court would not send me a copy of the Amended Judgment when it was entered. She said the court will only do that IF a self-addressed, stamped envelope is left with them to do so.  (If I had known this beforehand, I would have brought a self-addressed, stamped envelope with me. As I didn't know this, I am once more reliant on a third-party source to obtain a copy of the Amended Judgment.  Sigh). At any rate, if you are dropping off a [Proposed] Judgment, remember to bring a self-addressed, stamped envelope if you want a copy of it when it is entered.

 

2) To cover my bases, I brought up Rule of Court 3.700( b )(4) and noted that the clerk is required to immediately enter costs on the judgment once the time to file a Motion to Tax Costs has lapsed if a Memorandum of Costs has been filed.  (I also mentioned the 15 days plus 5 days for service by U.S. Mail and she corrected me; she said it is TEN (10) days plus 5 days for service by mail for opposition to file a Motion to Tax Costs.) I noted the filing date of June 24 for the Memorandum of Costs and the fact that no Motion to Tax was filed within the allowed time frame, and she confirmed that no Motion to Tax was filed at all, and that therefore the Memorandum of Costs represents the dollar amount referenced in the Judgment.  Therefore, by law, the Plaintiff owes me the amount on the Memorandum of Costs ($775.25).

 

3) The clerk said all I need to do is send Plaintiff's attorney a copy of Judgment and a copy of the Memorandum of Costs and demand payment of $775.25.  She did not mention a Notice of Entry of Judgment, but I would send that as well. She said that the clerk's office doesn't do "entering" on the judgment.  The judgment is in place and the costs of suit is awarded and the memorandum of costs is the official log of what those costs are.

 

4) She also said that the clerk's office would issue me a Writ of Execution (Form EJ-130) TODAY if I want.  (It costs a $25 fee to get the writ issued.)  I can then send that to whatever Sheriff to "enforce the judgment" (whatever the heck that means.)  The clerk gave me a blank copy of the form.  I told her that I wanted to send Judgment and Memo and demand payment before I began collections, and she said I could have the writ executed whenever I want.

 

5) I've been told by some here that I could only get Filing Fees.  I can now say that is not correct.  There were no filing fees in my case.  It was a fee waiver case, as I am destitute and on food stamps.  My costs were for Exhibits, Service, and Other.  Other is a discretionary category.  I attached a breakdown of the costs to my Memorandum of Costs and I will attach a copy of that to this thread so people can see how I broke down costs.  I had trouble figuring out what I could claim and how much I could claim, so I will pass that info along hoping it will help others.

 

6) I will wait one week from today and check the third-party, public access website and see if the Amended Judgment has been entered by then.  If not, I will serve the Plaintiff's attorney with a copy of a Notice of Entry of Judgment (which I will file with the clerk) along with a copy of the Judgment already entered as well as a copy of the Memorandum of Costs (which was already served and filed) plus a demand letter/final notice giving plaintiff ten (10) days to pay the amount owing ($775.25) in full with a warning that if I do not receive payment in full by the end of that period that I WILL begin collections (including credit report notification, writ of execution, and potential bank levy and/or property liens).

 

7) In the interim, I need to find an address for the headquarters of CACH, LLC and prepare the Writ of Execution to be addressed to the Sheriff of the county where that address is located and have that Writ ready to be issued by the court and sent to the Sheriff on day 11.

 

I have drafted a collection letter.  I will post that to the text for that to the thread as well.  If I get enough "thumbs up" for it, I will then redact a copy and post it so whoever wants can download a copy for their reference.

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This is the breakdown of costs for my case that I attached as an Exhibit to the Memorandum of Costs.  This is an example of how one might calculate costs.  In my case, there were no filing fees.  If you are represented in propia persona, you cannot claim attorney's fees, so there are no attorney's fees claimed.

 

EXHIBIT COSTS.docx

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I drafted this collection letter to send along with my Notice of Entry of Judgment, Judgment, and Memorandum of Costs.

 

Any input is welcomed:

 

 

Dear _________________:

 

As you are aware, on _________ __, 2013, I received a Judgment against your client, ___________, for costs of suit in the amount of $_________ in the __________ County Superior Court of the State of California in the above-referenced matter.  I have enclosed a copy of that Judgment with this letter.

 

This Judgment is final, can no longer be appealed, and is binding upon your client as a matter of law.

 

Accordingly, I demand that your client immediately pay costs in full to me in the amount of $___________.

 

If your client chooses not to pay the Judgment voluntarily, I will pursue all legal remedies available to me to collect the money I am due. These remedies include but are not limited to levying incoming business receipts in the amount of my judgment, bank levy, and property liens. It is in your client’s best interest to pay the Judgment as quickly as possible, because if I am forced to resort to formal collection methods, I may collect interest on the unpaid amount at the rate of 10% per year as per CCP § 685.010. Your client will also be liable for the costs I incur in collecting my judgment.

 

I will refrain from beginning formal collection procedures for ten (10) days from the date of this letter to give your client time to make payment in full to me in the amount of $__________.

 

If I don’t receive payment in full from your client by the end of that time, I will begin formal collection procedures as available to me by law.

 

Please direct your client to send a check immediately in the amount of $________ made payable to me, ______________, to the following address:

 

            ______________________

            ______________________

            ______________________

 

 

Sincerely,

 

 

________________

 

Encl.

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It appears that the main offices for CACH, LLC is at:

 

4340 S Monaco St Unit 2, DenverCO 80237-3408

 

 

So, if I do have a Writ of Execution prepared, do I have it prepared for the Sheriff of the County of Denver?  And give the Denver office address to the Sheriff?

 

Or, do I have it prepared for the Sheriff of the County of Los Angeles and give the address of plaintiff's attorney (not plaintiff) in Woodland Hills, California?

 

 

For reference, it appears that the Denver County Sheriff's Dept. is at

Denver Sheriff Department Civil Unit
201 W. Colfax Avenue, 1stFloor Atrium
Denver, Colorado 80202

720-865-955

 

http://www.denvergov.org/Portals/327/documents/FEES%20OF%20SHERIFF%20EFFECTIVE%202012.pdf

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I'm afraid you may have to go through another step to "domesticate" your judgement in Colorado before you can have the Colorado Sheriff execute on it.  They don't seem to have a public facing website but you may want to check whether they have any operations or assets in California.

 

If they are required to be licensed as a collection agency in California there might be a bond you can make a claim against.

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I'm afraid you may have to go through another step to "domesticate" your judgement in Colorado before you can have the Colorado Sheriff execute on it.  They don't seem to have a public facing website but you may want to check whether they have any operations or assets in California.

 

If they are required to be licensed as a collection agency in California there might be a bond you can make a claim against.

Thank you!  This led to some very productive research on how to enforce judgment across state lines, and what documents I would need to file in the Denver court to get their local sheriff involved.

 

I DID find an address for CACH, LLC registered with the Secretary of State of California.

 

SERVICE ADDRESS OF CACH, LLC IN CALIFORNIA:

 

Miguel Zapien, Agent for Service of Process

CACH, LLC

14111 Freeway Drive, Suite 300

Santa Fe Springs, California 90670

 

California Registration with Secretary of State Entity Number:  201313410150

 

 

http://kepler.sos.ca.gov/

 

 

Nearest Sheriff’s Office for Service of Process:  

 

Los Angeles Sheriff’s Department

Civil Process

12720 Norwalk Blvd., Room 108

Norwalk, California 90650

 

(562)-807-7283    

 

 

Probably will try to collect in California first.  (Still need to know though whether to use the Plaintiff's attorney's address or the plaintiff's address as registered with the Secretary of State).

 

If that fails, then I will "domesticate" the judgment in Colorado and plaintiff can pay for that process.

 

Colorado is a signator of and participant in the Uniform Enforcement of Foreign Judgments Act.  Therefore, registration of a foreign judgment in Colorado of a judgment issued by a sister-state makes that judgment enforceable under Colorado law.

 

California IS a sister-state and is also a signator and participant in the Uniform Enforcement of Foreign Judgments Act.

 

I have obtained the following forms and information regarding enforcement of judgment in the State of Colorado (where plaintiff CACH, LLC is located):

 

ENFORCING A JUDGMENT ACROSS STATE LINES.pdf

 

INSTRUCTIONS FOR FILING A FOREIGN JUDGMENT IN COLORADO.pdf

 

COLLECTING ON JUDGMENT.pdf

 

jdf 205 motion to file without payment an_1.pdf

 

JDF 206 Finding and Order Concerning Payment of Filing Fees.pdf

 

JDF 138 Judgment Creditor Affidavit in Support of Foreign Judgment.pdf

 

JDF-139 Notice of Filing of Foreign Judgment.pdf

 

CV E-File Mandate(1).pdf  (Pro Se litigants do not have access to e-filing and shall file by paper and not be charged extra for it)

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I am thinking of scheduling a hearing date for a debtor's examination and serving that order along with the Notice of Entry of Judgment to expedite payment.

 

If I read this right, I can fill in the name of the plaintiff (CACH, LLC) and they have to designate an officer to appear.

 

ej125 - Application and Order for Appearance and Examination.pdf

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