Add costs and interest to what's owed

If you had to spend money trying to collect what the judge said the other side owes you, you can ask to have those costs added to what you're already owed. Interest is added to the judgment automatically, but if you want it to appear on a writ of execution, you need to document it for the court.

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Before you start

Document your costs

You'll need to file a written statement saying what you've spent and how much interest needs to be paid. The court does not keep track of this. You will want to keep records so you can keep track and use in case the other side questions any costs you claim.

You only can add costs from the past 2 years

You have 2 years from the time you pay a collection cost to add it to what's owed. Not all collection costs will be added. Some costs are easy to add, and you can use the form Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest. For costs not described on this form, you have to make a formal noticed motion. Sometimes, the court will allow you to add attorney's fees.

You can report interest at any time while the judgment is active

Interest runs on the judgment automatically. But, you will want to have it added if you are getting a writ of execution. The rates are different depending on what led to the judgment.

Generally, any unpaid principal balance collects interest at 10%, or 7% if the debtor is a government agency. This general rule applies to any judgment against a business or government agency, or where the money is owed due to a tort or fraud, or judgments for unpaid wages or other money due to an employee.

What is a tort?

Broadly, a tort is when someone does something, usually dangerous or careless, and it causes someone to get hurt or damages something they own. For example, if someone runs a red light and causes a car accident. Common examples are assault, battery, trespassing, or negligence.

A tort is not when someone breaks a contract. For example, when someone signs an agreement with a credit card company, but then does not make a payment they agreed to make. That is called a "breach of contract". It is not a tort.

If the judgment is for medical expenses, the rate of interest decreases to 5% if the amount owed is less than $200,000. If the judgment is for personal debt, the rate of interest decreases to 5% if the amount owed is less than $50,000.

Limits on interest rates for some judgments related to medical expenses or personal debts

For any judgment entered or renewed on or after January 1, 2023, the interest rate on any unpaid balance is 5% if: