When costs and interest are added to what you owe
If you received a Memorandum of Costs After Judgment (form MC-012), the other side has asked the court to add collection costs and interest to what you owe.
The other side is allowed to ask for additional costs
The other side can ask for:
- Money they had to spend to try to get the money you owe them. They have 2 years to add these costs to the amount you owe or they can’t ask for them.
- 5 or 10% interest. They can ask to add interest at any time before the Judgment is fully paid off. The interest rate is set by law.
They must give you credit for payments you've made. They can only ask for these costs or interest before you fully pay off what you owe.
If you disagree
If you disagree with the amount, for example, you weren't credited with some payments or they used the wrong interest rates, you can ask a judge to decide if the amount is right (file a “motion to tax costs”). You have 10 days after you are served the Memorandum of Costs to let the court know you disagree by filing a motion. If you don’t disagree, the costs the other side is asking for will automatically be added to what you owe.
How to tell court if you disagree
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Fill out form
Use Request for Court Order and Answer (form SC-105)
This form asks make a decision about an issue in your case. You can use it to explain why you think the amount the other side wants to add is incorrect.
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Make copies
Make 2 copies of the form. One for you and one for the other side.
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File form before deadline
You have 10 days after you are served the Memorandum of Costs to fill out, copy, and file your Court Order and Answer.
File the original and copies with the small claims clerk. The clerk will keep the original and mail a copy to the other side. They'll give you back a copy for records.
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Get judge's decision
The other side has at least 10 days to file a response.
If they don't file a response, the judge will mail you a decision based on what you filed.
If they do file a response, the judge will review what you both filed and make a decision. The decision will be mailed to you.