(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.
§ 685.080.Notice Motion By Creditor Claiming Costs
Title 9. Enforcement of Judgments · Division 1 · Chapter 5. Interest and Costs · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 685.080 lets a judgment creditor claim § 685.040 costs -- including costs claimable under § 685.070 and unapproved Chapter 6 proceeding costs -- by noticed motion, filed before full satisfaction and no later than two years after the costs were incurred, supported by an affidavit and served on the debtor.
Full Text of § 685.080
(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.
Plain-English Summary
Where § 685.070's memorandum procedure doesn't fit -- or where a creditor prefers a hearing to a default-allowance process -- this section provides the noticed-motion alternative for claiming § 685.040 costs. Subdivision (a) sets the same outer boundary as § 685.070: the motion must come before the judgment is satisfied in full and no later than two years after the costs were incurred. It reaches costs that could also be claimed under § 685.070, plus one category that section doesn't cover -- costs from a Chapter 6 examination proceeding that the judge or referee never approved.
Subdivision (b) sets what the motion needs: a description of the costs claimed, their amount, and a supporting affidavit from someone with knowledge attesting the costs are correct, reasonable, necessary, and unsatisfied, served on the debtor personally or by mail. Subdivision (c) leaves the ruling to the court's judgment: allowing or disallowing the costs to the extent the circumstances justify.
Frequently Asked Questions
When would a creditor use this motion instead of the memorandum procedure in § 685.070?
When the creditor wants a court ruling on costs rather than relying on the debtor's failure to move to tax, or when claiming Chapter 6 proceeding costs that were never approved by the judge or referee.
By when must this motion be filed?
Before the judgment is satisfied in full, and not later than two years after the costs were incurred.
What must support the motion?
An affidavit from someone with knowledge of the facts, attesting the costs are correct, reasonable, necessary, and unsatisfied, along with a description and amount of the costs claimed.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
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: noticed motion for enforcement costs californiaclaiming judgment enforcement costs by motion