Interest after Judgment - do I need to file CCP 685.050 before listing interest on my Writ of Execution?

Asked almost 2 years ago - Los Angeles, CA

I'm filing and EJ-130. I've calculated my interest at 10% annual which totals $2.04 per day.

Line 16 on the EJ-130 asks me to list the interest after judgment per filed affidavit CCP 685.050. Does this mean I have to file a special form before I can request/build in interest? I have searched for this form online and nothing seems to come up other than the details of the california code.

Any suggestions would be greatly appreciated! I want to be sure and file this Writ of Execution properly as to not delay collecting my judgment.

Many thanks!

Additional information

As an FYI to anyone looking for information about this, I learned that you need to file an MC-012 (Memorandum of costs after judgment). There, you are able to include your accrued interest to date (or any other costs) and file it at the same time as the writ for no additional cost. This allows the sheriff to collect on your judgment, future interest, and costs accrued to date.

Attorney answers (1)

  1. Malosack Berjis

    Contributor Level 20

    1

    Lawyer agrees

    2

    Answered . Yes, you would need to file a declaration pursuant to CCP Section 685.050. Unfortunately, there is no form. It's just a declaration, regarding how you calculated the interest you are requesting, that you would put on legal pleading paper (e.g., caption at top, 28 lines, etc.). Hope this helps.

Related Topics

Wage garnishment

Wage garnishment is the process whereby your employer sends part of your paycheck directly to your creditor in order to pay off your debt.

Lien

A lien gives a creditor certain rights to a debtor's property in order to ensure payment of a debt. Liens can be either voluntary or involuntary.

Howard Robert Roitman

Medicare Liens

Federal law generally prohibits Medicare from paying for any item or service where payment can reasonably be expected from another "primary" source within 120 days.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,102 answers this week

2,883 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,102 answers this week

2,883 attorneys answering