The California MC-012 form is a legal document used to outline costs incurred after a judgment has been made. This form allows the judgment creditor to claim specific expenses related to the enforcement of the judgment, including fees for filing and recording documents. Understanding how to accurately complete this form is essential for ensuring that all entitled costs are properly documented and presented.
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The California MC-012 form serves as a critical tool for judgment creditors seeking to claim costs incurred after a court judgment has been issued. This form encapsulates several key elements that facilitate the recovery of expenses associated with enforcing a judgment. Within its structure, users will find sections dedicated to listing various costs, such as fees for preparing and issuing an abstract of judgment, recording it, or filing a notice of judgment lien on personal property. Additionally, the form allows for the acknowledgment of any credits that may have been applied to the judgment, ensuring a clear understanding of the total amount owed. Notably, it also includes a declaration of accrued interest, which is essential for calculating the total financial obligation over time. The MC-012 is not merely a collection of numbers; it requires a declaration under penalty of perjury, affirming that the claimed costs are accurate and justified. This form must be filed in conjunction with certain court applications, making it a vital part of the post-judgment process in California. Understanding its components and proper usage can significantly aid creditors in navigating the complexities of post-judgment collections.
MC-012
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO.:
ATTORNEY FOR (Name):
NAME OF COURT:
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT
CASE NUMBER:
OF CREDIT, AND DECLARATION OF ACCRUED INTEREST
1. I claim the following costs after judgment incurred within the last two years (indicate if there
are multiple items in any category):
Dates Incurred
Amount
a
Preparing and issuing abstract of judgment
$
b
Recording and indexing abstract of judgment
c
Filing notice of judgment lien on personal property
d
Issuing writ of execution, to extent not satisfied by Code Civ. Proc., § 685.050
(specify county):
e
Levying officer's fees, to extent not satisfied by Code Civ. Proc., § 685.050 or wage
garnishment
f
Approved fee on application for order for appearance of judgment debtor, or other
approved costs under Code Civ. Proc., § 708.010 et seq.
g
Attorney fees, if allowed by Code Civ. Proc., § 685.040
h
Other:
(Statute authorizing cost):
i
Total of claimed costs for current memorandum of costs (add items a-h)
2. All previously allowed postjudgment costs: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
3. Total of all postjudgment costs (add items 1 and 2): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .TOTAL $
4. Acknowledgment of Credit. I acknowledge total credit to date (including returns on levy process and direct payments) in the amount of: $
5. Declaration of Accrued Interest. Interest on the judgment accruing at the legal rate from the date of entry on balances due after partial satisfactions and other credits in the amount of: $
6. I am the
judgment creditor
agent for the judgment creditor
attorney for the judgment creditor.
I have knowledge of the facts concerning the costs claimed above. To the best of my knowledge and belief, the costs claimed are correct, reasonable, and necessary, and have not been satisfied.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
NOTICE TO THE JUDGMENT DEBTOR
If this memorandum of costs is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding $100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having been included in the writ of execution. (Code Civ. Proc., § 685.070(e).) A motion to tax costs claimed in this memorandum must be filed within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).)
(Proof of service on reverse)
Form Adopted for Mandatory Use
Judicial Council of California MC-012 [Rev January 1, 2000]
Code of Civil Procedure,
WEST GROUP
§ 685.070
OFFICIAL PUBLISHER
SHORT TITLE:
PROOF OF SERVICE
Mail
Personal Service
1.At the time of service I was at least 18 years of age and not a party to this legal action.
2.My residence or business address is (specify):
3.I mailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest as follows (complete either a or b):
a.
Mail. I am a resident of or employed in the county where the mailing occurred.
(1)
I enclosed a copy in an envelope AND
(a)
deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b)
placed the envelope for collection and mailing on the date and at the place shown in items below following
our ordinary business practices. I am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2)
The envelope was addressed and mailed as follows:
(a) Name of person served:
Address on envelope:
(c)
Date of mailing:
(d)
Place of mailing (city and state):
b.
Personal delivery. I personally delivered a copy as follows:
Name of person served:
Address where delivered:
(3)
Date delivered:
(4)
Time delivered:
MC-012 [Rev January 1, 2000]
Page two
After completing the California MC-012 form, the next step involves submitting it to the appropriate court. Ensure that all sections are filled out accurately and that any required supporting documents are included. Be mindful of deadlines and any specific court requirements that may apply.
The California MC-012 form, also known as the Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest, is used by judgment creditors to claim costs incurred after a judgment has been made. This form allows creditors to detail the costs associated with enforcing a judgment, acknowledge any credits received, and declare any accrued interest on the judgment amount.
The form should be completed by the judgment creditor or their representative. This could include an attorney representing the creditor or an agent authorized to act on behalf of the creditor. It is important that the individual completing the form has knowledge of the costs being claimed.
Various costs can be claimed, including:
Each cost must be itemized with the date incurred and the amount claimed.
To calculate the total costs, you need to:
Ensure that all calculations are accurate to avoid disputes.
The Acknowledgment of Credit section allows the judgment creditor to acknowledge any credits received against the total amount owed. This includes payments made by the debtor or any returns on levy processes. It is crucial to provide an accurate figure to reflect the current balance owed.
The Declaration of Accrued Interest section specifies the amount of interest that has accrued on the judgment amount since its entry. This interest is calculated at the legal rate and is important for determining the total amount the debtor owes after accounting for any payments or credits.
If the MC-012 form is filed simultaneously with an application for a writ of execution, certain statutory costs may be included in the writ. However, these costs must not exceed $100 in total and cannot have been previously allowed by the court. This inclusion can streamline the enforcement process for the creditor.
Yes, a debtor has the right to challenge the costs claimed. They may file a motion to tax the costs within ten days of being served with the memorandum. If the court finds the costs to be excessive or unsubstantiated, it may disallow them, even if they were included in the writ of execution.
The proof of service section is essential as it verifies that the MC-012 form has been properly served to the debtor or their representative. This section must be completed accurately, detailing how and when the form was served, ensuring compliance with legal requirements.
The MC-012 form can be obtained from the California Judicial Council's website or at local courthouses. It is important to use the most current version of the form to ensure compliance with state requirements.
Incomplete Information: Many individuals fail to provide all required details on the form. Missing information such as the case number, names of the parties involved, or the court's address can lead to delays or rejections.
Incorrect Cost Calculations: Errors in adding up the costs claimed are common. It is crucial to double-check the total amount claimed in section 1 and ensure it matches the sum of the individual costs listed.
Failure to Sign the Declaration: Some people neglect to sign the declaration at the bottom of the form. This signature is essential, as it verifies the accuracy of the information provided.
Ignoring Filing Deadlines: Individuals often overlook the timeline for filing the memorandum of costs. It is important to submit the form within the specified time frame to avoid complications with the court.
The California MC-012 form is used to claim costs after a judgment has been made. When filing this form, several other documents may be necessary to support your claims or provide additional information. Below is a list of forms and documents that are often used alongside the MC-012 form.
Using these forms in conjunction with the MC-012 can help ensure that all necessary information is provided and that the process of collecting on a judgment is handled correctly. Each document plays a role in supporting the claims made and protecting the rights of both creditors and debtors.
The California MC-012 form, known as the Memorandum of Costs After Judgment, is closely related to the Request for Entry of Default (Form CIV-100). Both documents are used in the post-judgment phase of civil litigation. While the MC-012 focuses on outlining the costs incurred after a judgment has been entered, the Request for Entry of Default allows a party to seek a formal acknowledgment that the opposing party has failed to respond to a complaint. Each serves a unique purpose, yet both are essential in ensuring that a party's rights are protected and that the court is informed of the status of the case.
Another document similar to the MC-012 is the Notice of Motion to Tax Costs (Form MC-010). This form is utilized when a judgment debtor wishes to contest the costs claimed by the judgment creditor. Just as the MC-012 details the costs incurred, the Notice of Motion to Tax Costs allows the debtor to challenge those costs, arguing that they are unreasonable or not legally justified. Both documents play a crucial role in the post-judgment process, ensuring that costs are scrutinized and verified before being enforced.
The Application for Writ of Execution (Form EJ-130) also shares similarities with the MC-012. This application is filed when a creditor seeks to enforce a judgment through the seizure of a debtor's assets. While the MC-012 provides a breakdown of costs associated with the judgment, the Application for Writ of Execution initiates the legal process to collect those costs. Together, these documents form a comprehensive approach to managing post-judgment collections and ensuring that creditors can recover what they are owed.
The Judgment Debtor's Statement of Assets (Form EJ-165) is another document that aligns with the MC-012. This form requires the judgment debtor to disclose their assets and financial situation. While the MC-012 details the costs the creditor is claiming, the Statement of Assets provides the court and creditor with insight into the debtor's ability to pay those costs. This mutual transparency is essential for a fair resolution of financial obligations following a judgment.
The Proof of Service (Form POS-040) is similarly important in the context of the MC-012. This document verifies that the necessary parties have been properly notified of the filing of the MC-012. Just as the MC-012 outlines the costs and claims of the creditor, the Proof of Service ensures that all procedural requirements are met, thereby upholding the integrity of the legal process. Both forms are integral to maintaining communication and accountability within the judicial system.
Moreover, the Claim of Exemption (Form EJ-160) is akin to the MC-012, as it allows a judgment debtor to assert that certain assets are exempt from collection. While the MC-012 lists the costs the creditor seeks to recover, the Claim of Exemption provides a mechanism for the debtor to protect specific assets from being seized. This interplay between the two forms ensures that debtors have a voice in the collection process and that their rights are considered.
The Statement of Decision (Form FL-340) can also be seen as related to the MC-012, particularly in family law cases. This document outlines the court's findings and conclusions after a trial. Although it serves a different purpose than the MC-012, both documents reflect the court's determination regarding financial obligations. The Statement of Decision may influence the costs claimed in the MC-012, especially in cases involving alimony or child support, where ongoing financial responsibilities are assessed.
Lastly, the Motion for Reconsideration (Form MC-040) is another document that shares a connection with the MC-012. If a party believes that the court has made an error in its judgment or in the costs awarded, they may file a Motion for Reconsideration. This allows for a review of the court's decision, similar to how the MC-012 outlines the costs that are being claimed. Both documents contribute to the ongoing dialogue between the court and the parties involved, ensuring that all claims and decisions are thoroughly examined.
When completing the California MC-012 form, it is essential to approach the task with care and attention to detail. Here are seven important guidelines to follow, both dos and don'ts, to ensure that your submission is accurate and complete.
Understanding the California MC-012 form can be challenging, and several misconceptions often arise. Here are four common misunderstandings:
This is not true. While attorneys often file the MC-012, any party involved in a legal action can use this form. Individuals representing themselves in court, known as pro se litigants, can also submit this form to claim costs after judgment.
This is a misunderstanding. Just because costs are listed on the form does not mean they will be accepted by the court. The judgment debtor has the right to challenge these costs through a motion to tax, which can lead to disallowance of some or all claimed fees.
This is not accurate. The form can be filed within two years after the judgment. This gives the judgment creditor time to gather and calculate the costs incurred before submitting the form.
Filing the MC-012 does not guarantee payment. While it initiates the process for recovering costs, the judgment debtor may still contest the claims or may not have the means to pay. The court's approval is essential for any recovery.
When dealing with the California MC-012 form, understanding its components is crucial for a smooth process. Here are key takeaways to consider:
Completing the MC-012 form accurately is essential for effectively managing post-judgment costs. Take your time to ensure all information is correct and complete.