§ 685.070.Costs Judgment Creditor May Claim In Enforcing Judgment
Title 9. Enforcement of Judgments · Division 1 · Chapter 5. Interest and Costs · Last amended 2025 · Last verified July 28, 2026
In one sentenceSection 685.070 lets a judgment creditor claim listed enforcement costs -- abstract and lien fees, unrecovered writ-issuance and levying-officer fees, approved receiver-proceeding costs, and eligible attorney's fees -- by filing and serving a sworn memorandum of costs, subject to the debtor's right to move to tax within 10 days or have the costs stand allowed.
(a)The judgment creditor may claim under this section the following costs of enforcing a judgment, which shall not include costs exempted under this title:
(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.
Plain-English Summary
The memorandum-of-costs procedure is the everyday route for adding enforcement costs to a judgment without a motion. Subdivision (a) lists what qualifies: fees for preparing, issuing, recording, and indexing an abstract or certified copy of the judgment; fees for filing a personal-property judgment lien notice; writ-issuance fees not already covered by § 685.050; levying-officer costs and wage-garnishment fees not already covered elsewhere; approved costs from a Chapter 6 examination proceeding; and attorney's fees where § 685.040 allows them.
Subdivision (b) sets the filing mechanics: before the judgment is fully satisfied, but not later than two years after the costs were incurred, the creditor files a sworn memorandum with the court clerk and serves a copy on the debtor, personally or by mail, attesting the costs are correct, reasonable, necessary, and unsatisfied. Subdivision (c) gives the debtor 10 days after service to move on notice to tax those costs, with the court allowing or disallowing them as the circumstances justify; subdivision (d) lets the claimed costs stand allowed if no such motion is timely made.
Subdivision (e) allows a limited category of these costs — up to $100 in the aggregate — to ride along in the writ of execution itself when the memorandum is filed at the same time as the writ application, subject to later disallowance on a debtor's motion to tax, with a required statement warning the debtor of that possibility. Subdivision (f) applies § 1013's mail-based time extensions to this section.
Frequently Asked Questions
What costs can a creditor claim through a memorandum of costs?
Abstract and lien-recording fees, unrecovered writ-issuance and levying-officer costs, approved Chapter 6 examination-proceeding costs, and attorney's fees where § 685.040 permits them.
By when must the memorandum of costs be filed?
Before the judgment is fully satisfied, and not later than two years after the costs were incurred.
How can a debtor challenge costs claimed in the memorandum?
By filing a noticed motion to tax costs within 10 days after the memorandum is served, prompting the court to allow or disallow the costs as the circumstances justify.
What if the debtor doesn't move to tax within that time?
The costs claimed in the memorandum are allowed automatically.
Can some of these costs be included directly in a writ of execution?
Yes, up to $100 in the aggregate, if the memorandum is filed at the same time as the writ application, subject to later disallowance on the debtor's motion to tax.
Amendment History
Amended by Stats 2024 ch 514 (AB 2837),s 2, eff. 1/1/2025. Amended by Stats. 1996, Ch. 60, Sec. 2. Effective January 1, 1997.
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
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