SECTIONS 685.010-685.110 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 685.010-685.110

685.010. (a) Interest accrues at the rate of 10 percent per annum
on the principal amount of a money judgment remaining unsatisfied.
(b) The Legislature reserves the right to change the rate of
interest provided in subdivision (a) at any time to a rate of less
than 10 percent per annum, regardless of the date of entry of the
judgment or the date any obligation upon which the judgment is based
was incurred. A change in the rate of interest may be made applicable
only to the interest that accrues after the operative date of the
statute that changes the rate.

685.020. (a) Except as provided in subdivision (b), interest
commences to accrue on a money judgment on the date of entry of the
judgment.
(b) Unless the judgment otherwise provides, if a money judgment is
payable in installments, interest commences to accrue as to each
installment on the date the installment becomes due.

685.030. (a) If a money judgment is satisfied in full pursuant to a
writ under this title, interest ceases to accrue on the judgment:
(1) If the proceeds of collection are paid in a lump sum, on the
date of levy.
(2) If the money judgment is satisfied pursuant to an earnings
withholding order, on the date and in the manner provided in Section
706.024 or Section 706.028.
(3) In any other case, on the date the proceeds of sale or
collection are actually received by the levying officer.
(b) If a money judgment is satisfied in full other than pursuant
to a writ under this title, interest ceases to accrue on the date the
judgment is satisfied in full.
(c) If a money judgment is partially satisfied pursuant to a writ
under this title or is otherwise partially satisfied, interest ceases
to accrue as to the part satisfied on the date the part is
satisfied.
(d) For the purposes of subdivisions (b) and (c), the date a money
judgment is satisfied in full or in part is the earliest of the
following times:
(1) The date satisfaction is actually received by the judgment
creditor.
(2) The date satisfaction is tendered to the judgment creditor or
deposited in court for the judgment creditor.
(3) The date of any other performance that has the effect of
satisfaction.
(e) The clerk of a court may enter in the Register of Actions a
writ of execution on a money judgment as returned wholly satisfied
when the judgment amount, as specified on the writ, is fully
collected and only an interest deficit of no more than ten dollars
($10) exists, due to automation of the continual daily interest
accrual calculation.

685.040. The judgment creditor is entitled to the reasonable and
necessary costs of enforcing a judgment. Attorney's fees incurred in
enforcing a judgment are not included in costs collectible under this
title unless otherwise provided by law. Attorney's fees incurred in
enforcing a judgment are included as costs collectible under this
title if the underlying judgment includes an award of attorney's fees
to the judgment creditor pursuant to subparagraph (A) of paragraph
(10) of subdivision (a) of Section 1033.5.

685.050. (a) If a writ is issued pursuant to this title to enforce
a judgment, the costs and interest to be satisfied in a levy under
the writ are the following:
(1) The statutory fee for issuance of the writ.
(2) The amount of interest that has accrued from the date of entry
or renewal of the judgment to the date of issuance of the writ, as
adjusted for partial satisfactions, if the judgment creditor has
filed an affidavit with the court clerk stating such amount.
(3) The amount of interest that accrues on the principal amount of
the judgment remaining unsatisfied from the date of issuance of the
writ until the date interest ceases to accrue.
(4) The levying officer's statutory costs for performing the
duties under the writ.
(b) In a levy under the writ, the levying officer shall do all of
the following:
(1) Collect the amount of costs and interest entered on the writ
pursuant to paragraphs (1) and (2) of subdivision (a).
(2) Compute and collect the amount of additional interest required
to be collected by paragraph (3) of subdivision (a) by reference to
the daily interest entered on the writ. If amounts collected
periodically do not fully satisfy the money judgment, the levying
officer shall adjust the amount of daily interest to reflect the
partial satisfactions, and make later collections by reference to the
adjusted amount of daily interest.
(3) Determine and collect the amount of additional costs pursuant
to paragraph (4) of subdivision (a).

685.070. (a) The judgment creditor may claim under this section the
following costs of enforcing a judgment:
(1) Statutory fees for preparing and issuing, and recording and
indexing, an abstract of judgment or a certified copy of a judgment.
(2) Statutory fees for filing a notice of judgment lien on
personal property.
(3) Statutory fees for issuing a writ for the enforcement of the
judgment to the extent that the fees are not satisfied pursuant to
Section 685.050.
(4) Statutory costs of the levying officer for performing the
duties under a writ to the extent that the costs are not satisfied
pursuant to Section 685.050 and the statutory fee of the levying
officer for performing the duties under the Wage Garnishment Law to
the extent that the fee has not been satisfied pursuant to the wage
garnishment.
(5) Costs incurred in connection with any proceeding under Chapter
6 (commencing with Section 708.010) of Division 2 that have been
approved as to amount, reasonableness, and necessity by the judge or
referee conducting the proceeding.
(6) Attorney's fees, if allowed by Section 685.040.
(b) Before the judgment is fully satisfied but not later than two
years after the costs have been incurred, the judgment creditor
claiming costs under this section shall file a memorandum of costs
with the court clerk and serve a copy on the judgment debtor. Service
shall be made personally or by mail. The memorandum of costs shall
be executed under oath by a person who has knowledge of the facts and
shall state that to the person's best knowledge and belief the costs
are correct, are reasonable and necessary, and have not been
satisfied.
(c) Within 10 days after the memorandum of costs is served on the
judgment debtor, the judgment debtor may apply to the court on
noticed motion to have the costs taxed by the court. The notice of
motion shall be served on the judgment creditor. Service shall be
made personally or by mail. The court shall make an order allowing or
disallowing the costs to the extent justified under the
circumstances of the case.
(d) If no motion to tax costs is made within the time provided in
subdivision (c), the costs claimed in the memorandum are allowed.
(e) If a memorandum of costs for the costs specified in
subdivision (a) is filed at the same time as an application for a
writ of execution, these statutory costs not already allowed by the
court in an amount not to exceed one hundred dollars ($100) in the
aggregate may be included in the amount specified in the writ of
execution, subject to subsequent disallowance as ordered by the court
pursuant to a motion to tax if filed by the debtor. The memorandum
of costs shall contain the following statement: "The fees sought
under this memorandum may be disallowed by a court upon a motion to
tax filed by the debtor notwithstanding the fees having been included
in the writ of execution." The inclusion of the above costs in the
writ of execution or the pendency of the motion to tax on these costs
shall not be cause for the clerk of the court to delay issuing the
writ of execution or for the levying officer to delay enforcing the
writ of execution.
(f) Section 1013, extending the time within which a right may be
exercised or an act may be done, applies to this section.

685.080. (a) The judgment creditor may claim costs authorized by
Section 685.040 by noticed motion. The motion shall be made before
the judgment is satisfied in full, but not later than two years after
the costs have been incurred. The costs claimed under this section
may include, but are not limited to, costs that may be claimed under
Section 685.070 and costs incurred but not approved by the court or
referee in a proceeding under Chapter 6 (commencing with Section
708.010) of Division 2.
(b) The notice of motion shall describe the costs claimed, shall
state their amount, and shall be supported by an affidavit of a
person who has knowledge of the facts stating that to the person's
best knowledge and belief the costs are correct, are reasonable and
necessary, and have not been satisfied. The notice of motion shall be
served on the judgment debtor. Service shall be made personally or
by mail.
(c) The court shall make an order allowing or disallowing the
costs to the extent justified under the circumstances of the case.

685.090. (a) Costs are added to and become a part of the judgment:
(1) Upon the filing of an order allowing the costs pursuant to
this chapter.
(2) If a memorandum of costs is filed pursuant to Section 685.070
and no motion to tax is made, upon the expiration of the time for
making the motion.
(3) As specified in Section 685.095.
(b) The costs added to the judgment pursuant to this section are
included in the principal amount of the judgment remaining
unsatisfied.
(c) If a writ or earnings withholding order is outstanding at the
time the costs are added to the judgment pursuant to this section,
the levying officer shall add the amount of those costs to the amount
to be collected pursuant to the writ or earnings withholding order
if the levying officer receives either of the following before the
writ or earnings withholding order is returned:
(1) A certified copy of the court order allowing the costs.
(2) A certificate from the clerk of the court that the costs have
been added to the judgment where the costs have been added to the
judgment after a memorandum of costs has been filed pursuant to
Section 685.070 and no motion to tax has been made within the time
allowed for making the motion.
(d) The levying officer shall include the costs described in
subdivision (c) in the amount of the sale or collection distributed
to the judgment creditor only if the levying officer receives the
certified copy of the court order or the clerk's certificate before
the distribution is made.

685.095. When a writ is served by a levying officer or registered
process server, the costs for that service, as determined pursuant to
Section 1033.5, shall be added to and become part of the judgment.

685.100. (a) Except as otherwise provided by law:
(1) As a prerequisite to the performance by the levying officer of
a duty under this title, the judgment creditor shall deposit a sum
of money with the levying officer sufficient to pay the costs of
performing the duty.
(2) As a prerequisite to the taking of property into custody by
the levying officer, whether by keeper or otherwise, the judgment
creditor shall deposit with the levying officer a sum of money
sufficient to pay the costs of taking the property and keeping it
safely for a period not to exceed 15 days. If continuation of the
custody of the property is required, the levying officer shall, from
time to time, demand orally or in writing that the judgment creditor
deposit additional amounts to cover estimated costs for periods not
to exceed 30 days each. A written demand may be mailed or delivered
to the judgment creditor. The judgment creditor has not less than
three business days after receipt of the demand within which to
comply with the demand. If the amount demanded is not paid within the
time specified in the oral or written demand, the levying officer
shall release the property.
(b) The levying officer is not liable for failure to take or hold
property unless the judgment creditor has complied with the
provisions of this section.

685.110. Nothing in this chapter affects the law relating to
prejudgment interest.