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makinganattempt

After the 15 days of filing a memorandum of cost

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I won a breach of contract case. As instruct all the documents were filed along with a memorandum of costs. The judge retired and it was given to the new judge. A motion to tax was filed and a date was set to hear the motion. The judge recused himself four days before the motion was to be heard and vacated the date of the hearing.the case was moved to a new judge. I was told by the court that I needed to refile my memorandum of costs with the new judge in his courtroom, which I did and it was received by both the business office of the court and the other party on January 30,2019. The other party did not file a motion against my memorandum of costs this time and the 15 court days have passed. Will the court approve my memorandum per Rule 3.1700.?  How much longer do they have to decide? As of today, nothing is shown for approval or denial on the website. Thank you in advance 

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On 2/23/2019 at 8:10 AM, makinganattempt said:

Will the court approve my memorandum per Rule 3.1700.?

 

I'm not sure what "per Rule 3.1700" means.  Nothing in rule 3.1700 of the California Rules of Court talks about the court "approving" a memorandum of costs.  Unless the judgment debtor files a motion to strike or tax costs, the court won't do anything with the memo.

 

 

On 2/23/2019 at 8:10 AM, makinganattempt said:

How much longer do they have to decide?

 

Who are "they"?  Decide what?

 

 

On 2/23/2019 at 8:10 AM, makinganattempt said:

As of today, nothing is shown for approval or denial on the website.

 

And it never will.

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2 hours ago, pg1067 said:

 

"I'm not sure what "per Rule 3.1700" means.  Nothing in rule 3.1700 of the California Rules of Court talks about the court "approving" a memorandum of costs.  Unless the judgment debtor files a motion to strike or tax costs, the court won't do anything with the memo."

I was referring to the section that states :

"(4)1pixel.gifEntry 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."

I'm sorry, I am not proficient in the law. As I read this, I am coming to the conclusion that I don't need to file anything else, and the clerk will enter the cost on the judgement. I realize that I am responsible for collecting the judgement. I am merely asking is there anything else that I need to do to make sure that a judgement for the money is ordered or filed, since there was no Motion to strike or tax costs. I asked on here because it says it's a site that you can ask a question. I certainly didn't mean to ruffle your feathers, because I am not a lawyer. If I had of had the money to hire a lawyer, I would have done so. But I don't so I have had to do all of my work by research, as I am trying to do here. 

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1 hour ago, makinganattempt said:

I was referring to the section that states :

"(4)1pixel.gifEntry 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."

 

Fair enough.  In most cases, nothing actually happens (although that's going to depend on the county in which your case was heard).  Did your judgment contain a blank for costs?  If so, the clerk may fill that in or may write something in the margin.  In any event, there's nothing further that you need to do.

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Thank you. I  called and the court is "dark" till March 1, so I know nothing will be happening.  On the Judgment it is check marked "defendant named in item 5b to recover cost $ TO BE DETERMINED.  I just don't want to mess up after spending so much time and effort to win this case in the first place. I worked extremely hard to win and did hours of research. Sadly, I can't find anything that says what to do at this point. Take care.

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57 minutes ago, makinganattempt said:

I can't find anything that says what to do at this point.

 

I suggest you visit the county law library and spend some time with The Rutter Group's Enforcing Judgments and Debts practice guide.  In particular, look at chapter 6, which I think is in volume 2 (volume 1 won't be of much use to you).  The first thing you'll need to do is get a writ of execution issued by the court.  You probably should also get an abstract of judgment issued and then record it in the judgment debtor's county of residence.

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1 hour ago, makinganattempt said:

I would hope the judgment is enough to collect the debt as I understand that I can file against their business license as well.

 

Not really sure what any of this means.  You didn't mention if your judgment debtor is an individual or an entity such as a corporation or LLC.  I'm not entirely sure if or how one might "go after [a judgment debtor's] business license" and have never seen or heard of anything like that being done in about the approximately 30 years that I've been involved in enforcing judgments.  The most common way of enforcing a civil money judgment is a bank levy.  For judgments against individuals, wage garnishments are second on the list.  For entities, levies on receivables are next.

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21 hours ago, makinganattempt said:

Going against a business license was something that was mentioned in my research on collecting judgments.  

It is a law firm.... whose billing practices were questionable.

thank you again. Take care

 

 

In some states/localities there are licenses that are (1) restricted in number and (2) transferable to someone else. Examples of this are things like taxi cab medallions in New York City, certain liquor license in Pennsylvania, etc. Being limited in number means when the cap on issuing the licenses is reached the only way someone new to that business will get in is by buying the license of someone getting out of the business. This gives the license value and since it is transferable it is fair game for creditors to attach.

 

But a license to practice law is personal to the lawyer who has the license and is not transferable. So you cannot attach that license. General business licenses are typically granted to any business that applies for them and thus those licenses generally have little value even if the license is transferable.

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23 hours ago, makinganattempt said:

It is a law firm.

 

Enforcing a civil money judgment against a law firm would almost certainly be best accomplished by a bank levy or a levy on receivables.  I concur with "Tax_Counsel's" comments that a general business license isn't likely to have any real value.

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