Enforcement of Judgment Series
MEMORANDUM OF COSTS (MC-012)
$1.25
What is a Memorandum of Costs?
A Memorandum of Costs is a form you use to tell the court about additions and
subtractions to the judgment. On this form, you tell the court what the debtor has paid
you already, how much interest you have earned since the judgment was entered, AND
what money you have spent in order to collect the judgment.
When do I file a Memo of Costs?
1. If you want a Writ of Execution issued that includes your costs, you must file the
Memorandum of Costs first.
OR
2. If money has been paid by the debtor and you need to notify the court so a correct
Writ of Execution can be issued.
OR
3. Interest has accrued and you want to collect the interest amount in addition to the
original judgment.
How do I file a Memo of Costs
(1) Complete the form in original and two copies. Instructions on how to
complete the form are included in this packet.
(2) Provide a self addressed, postage paid envelope for return of your
memorandum.
(3) Leave the documents in the routine filing basket for processing – or submit by
mail. The routine filing basket is located in the lobby of Room 107-J at the Hall of
Justice. If you leave the documents in this basket, be sure to time stamp the BACK of the
first page with the date and time you left the documents. There is a machine that is
available in the lobby next to the basket for your use.
How do I fill this out, it looks complicated?
General instructions and a blank form are in this packet. If you have questions that are
not covered by this packet, you should probably seek legal advice. The Self-Help Clinic
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MEMORANDUM OF COSTS
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is available from 8:00 to 11:00 a.m. on Tuesday, Wednesday and Thursday at the
Courthouse to assist you.
You can handwrite your documents, we strongly encourage you to type them. If the clerk
cannot read your writing, or cannot completely understand your information it will be
rejected as illegible. You may also use the computer in the Law Library to prepare the
form on-line or use the accesslaw.com website at home or at another location.
(Accesslaw.com is not an official court or government website and Sonoma County
Superior Court does not endorse AccessLaw services or products.)
What do I do when the Court sends it back?
If you want to collect money based on the information in your Memorandum of Costs,
you must prepare a Writ of Execution. That form has it’s own packet of instructions.
Words to Know
Judgment Creditor – The person, persons or business that won the case.
Judgment Debtor– The person, persons or business that lost the case.
Assignee of Record – A person or business that has assumed responsibility
for collecting the judgment. There are businesses that will purchase
judgments from the winning party and then collect for themselves. The
Court does not have any lists of these agencies, nor do we make referrals.
These businesses can be found in the yellow pages of the phone book.
Writ of Execution – A form used to garnish wages, attach a bank account or
perform a “till tap”. This form has a separate packet of instructions, please
ask for it if you intend to have the Sheriff or a process server try to collect
your judgment for you.
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MEMORANDUM OF COSTS
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Court’s Address
Your name, address &
phone number
Sonoma County Superior Court
600 Administration Drive, Room 107-J
Santa Rosa, CA 95403
Case Names (same ones used
when you started the case)
Case Number
Remember to include the
Prefix (MSC, MCV or SCV)
Names used in a Court case cannot be
easily changed. It’s important to be
consistent and continue to use the name
in the same manner from the beginning
to the end of the case. Some common
errors are: Forgetting the middle initial
(or adding one that was not used); using a
different last name because a marriage or
divorce has occurred; or changing the
spelling because the person has indicated
the name was wrong to begin with. All
of these are considered ERRORS by the
clerk and will cause your documents to
be returned.
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MEMORANDUM OF COSTS
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Enter Dates and Amounts as appropriate. Items a
through h are for “new” costs. If you have filed one of
these forms previously in this case, do not include those
costs again. Those previously allowed costs will be placed
on another part of this form below. If you are unsure if an
item is allowed, please seek legal advice.
Total your new costs
and enter that
amount at this block
If your “new” costs are
$100.00 or more you must
have someone complete
the proof of service
portion of this form. If
the costs are less than
$100.00, the proof of
service is not necessary.
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Total all
amounts and
enter that
number here
Enter the amount from your
LAST memorandum (if
applicable)
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Enter the amount of
Credits paid
Credits refer to the
amount of money that the
judgment debtor has
already paid you on the
judgment. If you have
been paid any money
since obtaining the
judgment, you must
declare that here.
You must enter the
date, your name
and sign the
Memorandum of
Costs
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Enter the current total for Interest
Interest on a judgment is 10% per year. To
figure your interest use this formula:
(Judgment Total) x .10=Yearly interest
(Yearly interest) ÷ 365 = daily interest
(Daily Interest) x (# of days since judgment) =
Total Interest
Normally you will mark
the block for Judgment
Creditor
An Agent for the Judgment
Creditor would be someone who
works for a business if the
Business was the “winner” in the
case.
If you have an Attorney, he or she
must submit this form and they
would mark the Attorney for
Judgment Creditor block.
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The proof of service is only required if the “new” costs equal or
exceed $100.00. If new costs are less than $100.00, this part of the form may
be left blank. The amount of interest and credits do not affect whether or not
you need to serve – only new costs.
Case Title.
Normally just the last names of the
parties, for example Smith vs. Jones
Case Number
Remember to include the
Prefix (MSC, MCV or
SCV)
Mark the type of
service used
Usually this will be sent
by mail.
Address of
the person
doing the
service
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This Statement Must be true.
The person who signs this proof of service must
be an adult and NOT someone involved in this
case. That means you cannot do the mailing.
You must have someone who is not a witness
and has no interest in the matter do the service.
If you brought the action as a business, your
partner cannot do the mailing – he had an
interest in whether or not the business gets their
money back. You can have a friend or family
member do the mailing, as long as they are not
involved in this case at all.
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Mark this if mailed from
home or placed in a US
mail box or post office
If served by mail
mark this area
Mark this box if mailed with
other office or business mail
Name & Address of the
person being served
Remember to use the same name
used in the case. This should be the
same information that was placed on
the envelope when it was mailed.
When and where the envelope
was mailed.
Enter the date the envelope was
placed in the mail, and where it was
mailed from.
If personal delivery, fill out this area
Name of the person being served
and the address where they were
given the document
Remember to use the same name used in
the case.
Date and time of service
When the service occurred.
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The person doing the service must sign this document.
This is a declaration under penalty of perjury – that person is
swearing that they did this service AND that they are over 18 years
old and not a party to this action.
Your server must enter the
date, their name and sign the
proof of service
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MEMORANDUM OF COSTS
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