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trosoft

California Court Costs & Fee Waiver: How can plaintiff/judgment creditor require that defendant/judgment debtor pay those to the court?

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In my unlimited jurisdiction civil case, the Court very  recently awarded me a monetary (default) judgment against defendants, both jointly and severally. However, the ruling did not perfunctorily include an order that defendants pay to the court my waived fees and costs, which total several thousand dollars. I did not request such in my [proposed] judgment, as I thought it was superfluous; see California Government Code § 68637 further below. Aside from the indications within file records, the presiding judge knew that my court fees and costs had been waived, as I had mentioned such at the prove-up hearing, i.e. when he had asked me to state my out-of-pocket costs.

 

My position is that defendants ought to be required to pay such fees and costs to the court. I had believed—regardless of the absence of a court order directing defendants to pay my waived fees and costs to the court—that defendants were liable therefor; and accordingly, defendants would not be able to obtain a satisfaction of judgment until paying them in full. (California Government Code § 68637.)

 

How do I make it so that defendants must pay to the court my initially waived court fees and costs; or, is it a given?  Need I formally request the court to modify the judgement and explicitly order defendants pay such fees and costs to the court? If so, any advice, e.g. type of motion?

 

I have already recorded an abstract of judgment and also obtained a writ of execution (monetary judgment), i.e., for bank levy. Will these instruments become mooted or otherwise invalidated if the judgment is modified as aforementioned?


 

I have read California Government Code § 68637, which concerns initially waived trial court fees and costs.

 

[California Government Code § 68637 provides, in part, the following:

 

(a) This section applies only to waivers of trial court fees.

 

(b) (1) If a party whose trial court fees and costs were initially waived is a prevailing party within the meaning of Section 1032 of the Code of Civil Procedure, the judgment or dismissal entered in favor of the party whose fees and costs were initially waived shall include an order requiring that the party against whom judgment or dismissal has been entered pay to the court the waived fees and costs. The court may refuse to enter a partial or full satisfaction of a judgment until an accompanying order requiring payment of waived fees and costs has been satisfied...

 

(2) A party petitioning the court to enter satisfaction of judgment shall declare, under penalty of perjury, that any order requiring payment of waived fees and costs has been satisfied...

 

(c) If a party in a civil case whose trial court fees and costs were initially waived recovers ten thousand dollars ($10,000) or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other recovery, the waived fees and costs shall be paid to the court out of the settlement, compromise, award, or other recovery.

 

(1) The court shall have a lien on any settlement, compromise, award, or other recovery in the amount of all the court fees and costs initially waived.

 

(2) The waived fees and costs shall first be paid to the court before the party whose fees and costs were initially waived receives anything of value under the settlement, compromise, award, or other recovery.

 

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