Mc 012 Form PDF Details

Navigating the aftermath of a court judgment can be intricate, especially when it comes to claiming additional costs incurred post-judgment, acknowledging payments received, and calculating accrued interest. The MC-012 form, officially titled "Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest," serves as a critical tool in this phase of the legal process. Designed under the auspices of the California Judicial Council, this form allows parties, whether represented by an attorney or not, to itemize and declare expenses and interest accrued following a judgment. It details various allowable post-judgment costs, such as issuing or recording abstracts of judgment, levying officer’s fees, attorney fees authorized by specific statutes, and more. The form further provides a structure for acknowledging credits against the judgment and declares interest accrued at the legal rate. Essential for both judgment creditors seeking to recover costs and for judgment debtors wishing to understand potential additional liabilities, the MC-012 form epitomizes the ongoing financial implications of a court judgment. Additionally, it outlines the standard for proving these costs and interest, invokes a declaration under penalty of perjury for the accuracy and necessity of the claimed costs, and underscores the right of the judgment debtor to contest these claims, highlighting the procedural safeguards in place to ensure fairness in the post-judgment phase.

QuestionAnswer
Form NameMc 012 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesmc 012 form, california mc 012, california memorandum, mc 012 form california

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 officers 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., § 708.110 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, 2011]

MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT

OF CREDIT, AND DECLARATION OF ACCRUED INTEREST

Code of Civil Procedure § 685.070 www.courts.ca.gov

MC-012

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.

 

 

 

 

 

 

 

placed the envelope for collection and mailing on the date and at the place shown in items below following

 

 

(b)

 

 

 

 

 

 

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):

 

 

Personal delivery. I personally delivered a copy as follows:

b.

 

 

(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, 2011]

MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT

OF CREDIT, AND DECLARATION OF ACCRUED INTEREST

Page two

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garnishment, partial satisfactions and other, and Declaration of Accrued Interest inside memorandum costs

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