If you have obtained a money judgment related to a personal injury, you may be entitled to collect the costs of enforcing the judgment in addition to the principal amount of the judgment.
In most cases, a judgment debtor is either not willing to immediately satisfy the judgment or may not have the money to pay right away. You may have to wait a long time before you see a penny, and you may have to spend additional money to collect. In this instance, you may be entitled to recover certain additional expenses paid to enforce the judgment.
What are some of the costs associated with enforcement of a judgment?
- Court fees for attaching the debtor’s property or garnishing wages
- Fees for service of the papers upon the judgment debtor
- Recording fees for abstracts of judgment
- Filing fees for filing a notice of judgment
- Under certain circumstances, you may also be able to recover post judgment attorney’s fees.
Most courts require the filing of a memorandum of costs, listing the various costs incurred. The memorandum must be served upon the judgment debtor, who may challenge the costs by filing a response. However, there may be time restrictions so be sure to consult with your personal injury attorney for guidance.
When executing a judgment, make sure you keep accurate records and receipts so that you can substantiate any additional costs associated with executing or enforcing the judgment. The burden is on you to substantiate these costs.
The attorneys of Roberts & Roberts have the skill, experience and resources to fully investigate any serious accident or death. If you have a question about an accident involving a serious injury or fatality, please call 800-248-6000 or contact us for a free consultation.