Do I Need a New Memo of Costs

**525601minutes** · 06-12-2009, 10:32 AM

California
I am the creditor and have a Notice of Entry of Judgment SC-130 dated 08/30/07.
I have also filed the Memorandum of Costs MC-012 on 09/29/08 with the small claims court.

I am going to get certified copies of the Judgment to file with an Abstract of Judgment EJ-001 with the San Diego County Recorder and a Notice of Judgment Lien JL1 with the Secretary of State.

Should I file another Memo of Costs MC-012 after I file with the county and the state to include those filing fees? Or should I file a new MC-012 before filing the these two forms so that the interest is updated from the 09/08 amount to the 06/09 amount?

I'm also confused if I need to file one JL1 against the debtor's personal property and a separate JL1 for his business property - or if the same form covers both. (my judgement is against both joint and several)

As always - thank you to those who take the time to read this an offer advice!

**Mr. Knowitall** · 06-15-2009, 07:18 AM

Is CourtClerk around?

**525601minutes** · 06-15-2009, 07:58 PM

I saw her correct someone's post earlier - so I hope she sees this

And I hope if she is a he - he will forgive my assumption

**CourtClerk** · 06-15-2009, 08:20 PM

CC is a she.

You cannot claim any costs on the memo that haven't been paid yet, therefore, pay for the abstract, the recording and all of that jazz, THEN fill out, serve and file the memo with the courts.

You'll also have to fill out the declaration of accrued interest if you want to be able to recover it on any future writs. As for the Notice of Judgment Lien, you should be fine with one form if the judgment is joint and severable. However, contact the SOS's office to be sure because I could also see why they would want 2 forms.

Oh, and you DON'T need certified copies of the judgment to file the abstract of judgment. There is a portion on the abstract (can't remember which number) on the bottom right corner that gives you an OPTION of enclosing certified copies or just attesting that this is a true and correct.... yadda yadda yadda.