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.
§ 685.040.Costs of Enforcing Judgment; Attorney's Fees
Title 9. Enforcement of Judgments · Division 1 · Chapter 5. Interest and Costs · Last amended 1993 · Last verified July 28, 2026
In one sentenceSection 685.040 entitles a judgment creditor to the reasonable and necessary costs of enforcing a judgment, but excludes attorney's fees from those collectible costs unless another law allows them or the underlying judgment already includes a fee award under Code of Civil Procedure § 1033.5(a)(10)(A).
Full Text of § 685.040
Plain-English Summary
Enforcing a judgment costs money, and this section confirms the creditor gets to shift those reasonable, necessary costs onto the debtor rather than absorbing them out of the recovery. Sections 685.070 and 685.080 supply the mechanics for claiming those costs, by memorandum or by motion.
Attorney's fees get separate, narrower treatment. As a general matter, fees incurred in the enforcement process itself aren't collectible costs under this title — enforcing a judgment isn't automatically a fee-shifting exercise just because the underlying lawsuit was. Two exceptions open the door: some other law might specifically authorize fees for enforcement work, or the underlying judgment might already include a fee award under § 1033.5(a)(10)(A), the provision covering contractual or statutory attorney's fee awards as part of the original recovery.
Frequently Asked Questions
Can a judgment creditor recover the cost of enforcing the judgment?
Yes. Section 685.040 entitles the creditor to the reasonable and necessary costs of enforcement.
Are attorney's fees for enforcement work automatically included in those costs?
No. Attorney's fees are excluded unless some other law provides for them, or the underlying judgment already includes a fee award under § 1033.5(a)(10)(A).
How does a creditor claim these enforcement costs?
Amendment History
Amended by Stats. 1992, Ch. 1348, Sec. 3. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: costs of enforcing a judgment californiaattorney's fees judgment enforcement california