Do we go to court for Memorandum of Costs?

[Aticnib]

I filed it on line at Turbocourt.com.  I had to select from their list of type of documents so I selected "declaration" because it seemed like the closest fit.

 

Question is, "Will they give us a court date or do we hear from them by mail????"

 

I am mailing to Midland Funding today.

 

 

[helpme]

Hello,

 

the form is mc-010. You file with the courts and get the other copies stamped. Don't forget the POS and send it cmrrr.

[Aticnib]

Do I go to any hearings?  I filed with the court on line.  I have to wait for it to process.  What comes next????

[helpme]

The only time I had to go to Court is when Midland disputed the amount...and I had to justify why...being a newbie at that time I tried to get all my postage, copies made, mileage reimbursed but no go being that I'm not a lawyer and the only thing that was reimbursed was Fee to answer the complaint and any motion fees.

 

Hope this helps...not familiar with the way you did yours. sorry.

[Aticnib]

That sucks.  Why is lawyer's time and expenses worth something but the little guys like us, our time is worth less than beans.

 

I included a line and called it "typist" and put "I am a painter and don't know how to use a computer or type.  So in order to defend myself I had to pay a typist."

 

I know if I use the word "Paralegal" they will pooh pooh it.  It's worth a shot.  Nothing to lose at this point and may be an aggravation to Midland.  Jerk-offs!

[shellieh98]

i dunno  i think if you said you had to pay a paralegal that would have more weight than a typist.

[calawyer]

Under California law, you submit your memorandum of costs and serve it on the losing party. The losing party has 15 (plus five if served by mail) days to file a "motion to tax costs" if it believes that the costs you are claiming are inappropriate and it makes ecnomic sense to file a motion and attend a hearing to contest them. If the losing party does not file a memo of costs within 15 days, the clerk is supposed to enter the amount claimed as an award. Sometimes we have to help the clerk a bit with this last step. If you search my posts, you will find a form. Here is the rule: http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1700

[BTO429]

Since you are not an attorney

 

That sucks.  Why is lawyer's time and expenses worth something but the little guys like us, our time is worth less than beans.

 

I included a line and called it "typist" and put "I am a painter and don't know how to use a computer or type.  So in order to defend myself I had to pay a typist."

 

I know if I use the word "Paralegal" they will pooh pooh it.  It's worth a shot.  Nothing to lose at this point and may be an aggravation to Midland.  Jerk-offs!

because we spend 8 years in college to get a JD and we have about 250 grand in student loans to pay back. We practice law every day. You do not. You cannot PRACTICE law without an attorney license.

 

But remember this,,, even when an attorney represents himself in court he is considered a pro se and we do not get atty fees as a pro se litigant.

 

I normally have an atty friend of mine represent me just to cost them more money.

[BTO429]

i dunno  i think if you said you had to pay a paralegal that would have more weight than a typist.

but you better be able to show that the person is indeed a para.

[BTO429]

but you better be able to show that the person is indeed a para. Anything you state in court you better have proof of such

[calawyer]

 

because we spend 8 years in college to get a JD and we have about 250 grand in student loans to pay back. We practice law every day. You do not. You cannot PRACTICE law without an attorney license.

 

7.  Seems like 8 however.

[Aticnib]

I paid two paralegals.  But they are also typists.  I used the form Calawyer referred me to and I filed it electronically with the court.  I was just wondering what happens afterward.  So from what I understand, I get the stamped copy of the form I submitted and I serve it on them.  Although I already mailed them the unstamped version on Friday so I think the time starts Friday, May 10th.

 

I don't mean any disrespect about my question on why attorneys get to count their costs but we don't.  I still don't think it's fair.  If someone files a lawsuit and they know they have no evidence and it costs a defendant money to defend themselves, then that person should be made whole.  Lawyers indeed charge for their time.  I'm not asking for my time as an attorney who went to college is entitled ... I'm asking for reimbursement of what it cost to defend from a jdb who got his bluff called.

 

I was told if I put paralegal it would get thrown out.  When push comes to shove, a paralegal is also a typist.  So whichever gets the job done.  I'm thinking since it boils down to what it would cost an attorney to come to a hearing they are going to contest it.  But it doesn't cost me anything more to put this pain in their a$$!

[Rivertime]

Here's a link to a link to Calawyer's form.  Check out post number 11.

 

LOL... Timing is everything, I just finished typing one of these babies up an am heading to the court today to gently nudge the clerk...    Gotta love midland!!!

 

rt

[Aticnib]

What do you mean "nudge" the clerk????

[Aticnib]

I just got this email from the clerk's office.  I turned in the "Memorandum of Costs" and this is what I got:

 

PLEASE DO NOT REPLY TO THIS EMAIL.

Your TurboCourt Form Set #827488 has been rejected at San Bernardino, Rancho Cucamonga District.

Clerk's Message:
THIS CASE WAS DISMISSED ON 4/29/13. IF YOU WANT COSTS, YOU NEED TO SUBMIT AN ORDER FOR THE JUDGE'S SIGNATURE.

 

@calawyer @Rivertime does this mean I don't have to submit the "Memorandum of Costs" but rather that other judgement form???  I mailed the Memorandum of Costs to Plaintiff last Friday.

[Rivertime]

I just got this email from the clerk's office.  I turned in the "Memorandum of Costs" and this is what I got:

 

PLEASE DO NOT REPLY TO THIS EMAIL.

Your TurboCourt Form Set #827488 has been rejected at San Bernardino, Rancho Cucamonga District.

Clerk's Message:

THIS CASE WAS DISMISSED ON 4/29/13. IF YOU WANT COSTS, YOU NEED TO SUBMIT AN ORDER FOR THE JUDGE'S SIGNATURE.

 

@calawyer @Rivertime does this mean I don't have to submit the "Memorandum of Costs" but rather that other judgement form???  I mailed the Memorandum of Costs to Plaintiff last Friday.

 

I have no idea what that clerk is talking about.  Maybe Calawyer can chime in and off some input.  The title three section that deals with this is pretty clear to me.

 

Rule 3.1700. Prejudgment costs

(a) Claiming costs

(1) Trial costs

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

(2) Costs on default

A party seeking a default judgment who claims costs must request costs on the Request for Entry of Default (Application to Enter Default) (form CIV-100) at the time of applying for the judgment.

(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.)

( Contesting costs

(1) Striking and taxing costs

Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.

(2) Form of motion

Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and appear in the same order as the corresponding cost item claimed on the memorandum of costs and must state why the item is objectionable.

(3) Extensions of time

The party claiming costs and the party contesting costs may agree to extend the time for serving and filing the cost memorandum and a motion to strike or tax costs. This agreement must be confirmed in writing, specify the extended date for service, and be filed with the clerk. In the absence of an agreement, the court may extend the times for serving and filing the cost memorandum or the notice of motion to strike or tax costs for a period not to exceed 30 days.

(4) Entry of costs

After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment.

 

Regarding my “nudging” the clerk, as the last sentence in the rules states, the clerk should enter a cost judgment if the time has elapsed within which plaintiff could have filed a motion to tax and they did not file one.  So, I have typed out the form Calawyer provided and need to take it to the court for the clerk to sign and issue.

 

rt

[Aticnib]

Obviously my clerk doesn't know the rules!!!  I will wait the 20 days and go file the judgment form Calawyer posted.  When you see the clerk do you just go into the courthouse and hand it to the clerk in the same department as the case was held?  Is that what you mean by "nudge"?

 

I'm going to do the same.  Hmmphh!!! (crosses arms) @Rivertime

[helpme]

Obviously my clerk doesn't know the rules!!!  I will wait the 20 days and go file the judgment form Calawyer posted.  When you see the clerk do you just go into the courthouse and hand it to the clerk in the same department as the case was held?  Is that what you mean by "nudge"?

 

I'm going to do the same.  Hmmphh!!! (crosses arms) @Rivertime

No its not the clerk were the hearing was heard. It's the clerks that stamp and file the paperwork. Those clerks can enter the Judgement.

[Aticnib]

So a clerk can issue a judgement without even involving the judge? Sounds easier than I thought. I have to wait the 20 days though right?

[helpme]

So a clerk can issue a judgement without even involving the judge? Sounds easier than I thought. I have to wait the 20 days though right?

Yes. That's correct on both your questions.

[Aticnib]

They responded to my Memorandum of Costs yesterday.  Did not mention having received it but were writing to inform my husband that they are removing the negative reports to the credit bureaus.  Interesting they "validated" my dispute THREE TIMES!!!

 

So I'll keep my eye out to see if they try to tax it and then on the 20th day go see the clerk.

[calawyer]

I just got this email from the clerk's office.  I turned in the "Memorandum of Costs" and this is what I got:

 

PLEASE DO NOT REPLY TO THIS EMAIL.

Your TurboCourt Form Set #827488 has been rejected at San Bernardino, Rancho Cucamonga District.

Clerk's Message:

THIS CASE WAS DISMISSED ON 4/29/13. IF YOU WANT COSTS, YOU NEED TO SUBMIT AN ORDER FOR THE JUDGE'S SIGNATURE.

 

@calawyer @Rivertime does this mean I don't have to submit the "Memorandum of Costs" but rather that other judgement form???  I mailed the Memorandum of Costs to Plaintiff last Friday.

 

 

Persaonally, I would go down to the court and talk to the chief clerk. 

 

Under California law, you are the "prevailing party" because a dismissal in your favor was entered:

 

CCP 1032 (a)(4) defines prevailing party:

 

  http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1021-1038

 

1032 b  then says, "Except as otherwise expressly provided by statute, a

prevailing party is entitled as a matter of right to recover costs."

 

 

 

And Rule 3.1700 tells you how to claim ciosts as a prevailing party--by submitting a memorandum of costs.  I would show the chief clerk the email you received and then the two rules quoted above.  I think that the chief clerk will know what I am saying is correct.

[Aticnib]

Thanks @calawyer  I will follow your directions.

[Aticnib]

I went on 5/31 and submitted the Memorandum of Costs and the clerks again tried to refuse it. I showed them the rules and they took it. They also too the judgment I typed up. They said they could not stamp either and they had to go to the judge. So I'm sitting in limbo.

[calawyer]

Good.  I am very surprised they didn't know the rule.  But good for you that you showed them.