Santa Monica, CA asked in Family Law, Divorce and Collections for California

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?

1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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