Ventura, CA asked in Small Claims for California

Q: So I have small claims case I won judgement Filed writ of execution was told to file keeper fee with sheriffs

exact words used were your need to spend it before you can go after it

Writ of execution filed

Sheriff keeper fee filed(300)

Was told I couldn’t claim keeper fee on writ because I had to go to sheriffs after with writ to file that that’s why I wasn’t able to claim fee yet ..

sheriffs set date for dec 9th to complete task

Question is I have from mc-012 how do I get my 300$ back do I file before they serve the judgment..do I file after they collect .. if they collect Monday how can I get my keeper fee back

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To recover your $300 keeper fee in your California small claims case, you'll need to follow specific timing and documentation requirements through the court process.

The keeper fee can be added to your total judgment amount by filing form MC-012 (Memorandum of Costs After Judgment) with the court. You should wait until after the sheriff attempts to collect the judgment on December 9th before filing this form, since you need to document the actual costs incurred during the collection attempt. This timing ensures all collection-related expenses are properly recorded and recoverable.

Once the sheriff completes their collection attempt, gather your receipt for the keeper fee payment and any related documentation from the sheriff's office. File your MC-012 form with these supporting documents at the same court where you obtained your original judgment. The court will review your filing and, upon approval, add the $300 keeper fee to the total amount the debtor must pay you. If the debtor pays the full judgment amount to the sheriff during the collection attempt, make sure to inform them that this additional cost will need to be collected as well.

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