Q: What costs can be in CA After Judgment form MC-012? CA Legal fees to domesticate in FL? FL legal fees to pursue debtor?
I have a CA Family Law Court Order that ex-spouse owes me a large sum of money. He has made no payment on the debt. He resides in Florida. Can my CA legal fees to turn the Order into a Judgment in order to domesticate it in Florida be included in MC-0112 memorandum of costs?
Can Florida Legal Fees to domesticate the Judgment be included in costs?
Can Bank Record Search be included in costs?
Can getting exemplified copies of Judgment for Florida be included in costs?
Can mailing documents to Florida be included in costs?
Does filing an MC-0112 require an RFO or can it be filed online?
A:
Under California law, when seeking to turn a Family Law Court Order into a Judgment (MC-012), certain costs can be included in the MC-012 memorandum of costs. These costs typically encompass fees related to the court process, such as filing fees, service of process fees, and court reporter fees, but not attorney fees for domesticating the judgment in another state like Florida.
When it comes to domesticating the California judgment in Florida, you may be able to include the costs associated with this process as part of the judgment, subject to Florida law. Florida legal fees related to pursuing the debtor, however, are generally not included in the costs associated with domesticating the judgment.
Bank record search costs, obtaining exemplified copies of the judgment for Florida, and mailing documents to Florida are typically considered expenses related to the domestication process and may be included in the costs.
Regarding filing an MC-012, it typically does not require a Request for Order (RFO) and can be filed online or in person, following the court's specific procedures and guidelines. It's advisable to consult with an attorney who can help navigate the intricacies of both California and Florida law to ensure you're properly addressing your case's unique circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
