Costs incurred by or taxed against the judgment creditor in an action under this article may not be recovered from the judgment debtor as a cost of enforcing the judgment.
§ 708.290.Costs Not Recovered Against Judgment Debtor
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 3. Creditor's Suit · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 708.290 bars a judgment creditor from recovering, as a cost of enforcing the judgment, any costs the creditor incurred or that were taxed against the creditor in a creditor's suit action.
Full Text of § 708.290
Plain-English Summary
Bringing a creditor's suit costs money, and this section says the debtor doesn't automatically pick up that tab. Costs the creditor incurs — or costs taxed against the creditor — in a creditor's suit action can't be recovered from the judgment debtor as a cost of enforcing the underlying judgment.
That allocation makes sense given who the creditor's suit is really against: the third person, not the debtor. The debtor is joined under § 708.220 but isn't the target of the litigation, so this section keeps the litigation costs of chasing the third person from being layered onto what the debtor already owes.
Frequently Asked Questions
Can a creditor add the costs of a creditor's suit to the amount the debtor owes?
No. Section 708.290 bars recovering those costs from the debtor as a cost of enforcing the judgment.
Why doesn't the debtor bear these costs?
Because a creditor's suit is litigation against the third person, not the debtor, even though the debtor is joined as a party under § 708.220.
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: costs creditor's suit california