California Form Mc 012 PDF Details

In the aftermath of a judgment, the legal landscape evolves as it shifts its focus to enforcing and satisfying the judgment awarded. The California MC-012 form serves as a key instrument in this phase, designed specifically for the inclusion and acknowledgment of costs incurred post-judgment, alongside the rectification of credits and the declaration of accrued interest. Completing this form allows a judgment creditor, or their authorized representative, to formally declare additional expenses and adjustments incurred in the pursuit of satisfying the judgment. These costs might include expenses related to issuing writs of execution, levies, and even the operational fees for filing notices of judgment liens on personal property. Moreover, it offers a structured avenue to acknowledge payments received from the judgment debtor, thereby adjusting the outstanding balance appropriately. This mechanism plays a pivotal role not only in ensuring the transparency and fairness in the adjudication of post-judgment costs but also in facilitating the efficient administration of justice. Its provisions guide creditors through listing precise costs, acknowledging received payments, and calculating the interest accrued over time. Together, these components of the MC-012 form embody the procedural postscript to a judgment, marking the ongoing journey towards the resolution of a financial dispute within California's legal framework.

QuestionAnswer
Form NameCalifornia Form Mc 012
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namespostjudgment, Proc, California, 2000

Form Preview Example

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]

MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT

OF CREDIT, AND DECLARATION OF ACCRUED INTEREST

Code of Civil Procedure,

WEST GROUP

§ 685.070

OFFICIAL PUBLISHER

 

 

 

 

 

SHORT TITLE:

CASE NUMBER:

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:

 

 

 

(b)

Address on envelope:

 

 

 

(c)

Date of mailing:

 

 

 

(d)

Place of mailing (city and state):

 

 

 

b.

 

Personal delivery. I personally delivered a copy as follows:

 

(1)

Name of person served:

 

(2)

Address where delivered:

 

(3)

Date delivered:

 

(4)

Time delivered:

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)

MC-012 [Rev January 1, 2000]

MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT

OF CREDIT, AND DECLARATION OF ACCRUED INTEREST

WEST GROUP

OFFICIAL PUBLISHER

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