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§ 685.090.Costs Added to and Part of Judgment

Title 9. Enforcement of Judgments · Division 1 · Chapter 5. Interest and Costs · Last amended 1996 · Last verified July 28, 2026

In one sentenceSection 685.090 adds enforcement costs to the judgment's principal balance once an order allowing them is filed, once a memorandum of costs goes unchallenged past the taxing deadline, or as § 685.095 specifies, and requires a levying officer already working under a writ to add those costs to the amount collected if notified before the writ is returned.

Full Text of § 685.090

Text sizeJump to: (a) (b) (c) (d)

(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.

Plain-English Summary

Costs a creditor claims under §§ 685.070 or 685.080 don't automatically become part of the judgment the moment they're incurred -- this section marks the trigger points. Subdivision (a) lists three: the filing of a court order allowing the costs; the expiration of the time to move to tax a filed memorandum of costs, when no such motion was made; or, for service costs, the automatic mechanism § 685.095 provides. Subdivision (b) folds those added costs into the principal amount of the judgment remaining unsatisfied, so they carry the same enforceability and interest treatment as the rest of the judgment.

Subdivisions (c) and (d) handle the case where a writ or earnings withholding order is already out in the field when costs get added. If the levying officer receives a certified copy of the court's cost order, or a clerk's certificate that the memorandum costs were added without a motion to tax, before the writ or order is returned, the officer adds those costs to the amount being collected under it. But the officer folds those costs into the distribution paid to the creditor only if that certified order or certificate arrives before the distribution is made -- arriving after the money is already out the door does the creditor no good.

Frequently Asked Questions

When do enforcement costs become part of the judgment?

Upon the filing of an order allowing the costs, upon expiration of the time to tax an unchallenged memorandum of costs, or as § 685.095 specifies for service costs.

Do added costs get treated the same as the rest of the judgment's principal?

Yes. Subdivision (b) includes them in the principal amount of the judgment remaining unsatisfied.

What happens if a writ is already outstanding when costs get added?

The levying officer adds those costs to the amount being collected under the writ, if a certified court order or clerk's certificate arrives before the writ is returned.

Can added costs still reach the creditor if the certificate arrives late?

Only if it arrives before the levying officer distributes the collected funds; arriving after distribution is too late for that particular collection.

Amendment History

Amended by Stats. 1995, Ch. 576, Sec. 3. Effective January 1, 1996.

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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