Posted January 4, 2018 in Membership
By Tony Klein
The California Judicial Council has made significant revisions to two enforcement of judgment forms:
- Writ of Execution
- Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
There is also a new optional form:
- Information Sheet for Calculating Interest and Amount Owed on a Judgment.
This is now a 3-page form. Following is a quote from the Civil and Small Claims Committee Report to the Judicial Council recommending changes, and describes the reasons for change:
“The form was revised in three areas: (1) the boxes under the case number on the front, for identifying cases as limited or unlimited; (2) the reorganization of the monetary items (items 11 through 20); and (3) revision of item 24a regarding the possession of real property.”
The status of the form remains “Approved for Optional Use”.
Starting on page 9 of the report you can view changes that are highlighted.
Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest (form MC-012)
The status of the form “Approved for Mandatory Use”.
This form cross-references partial payments, recoverable costs, and accrued interest that are periodically added or adjusted to a judgment and entered on the writ of execution form before it is issued.
This form is intended to guide the judgment creditor to properly calculate the proper way to apply credits for partial payments, costs, and accrued interest. Partial payments must be applied in the following order: accrued interest, then the judgment principal (which includes approved court fees after entry of the judgment).