What are costs after judgment under CCP 685.090?

Costs after judgment under Cal. Civ. Proc. Code § 685.090 are postjudgment enforcement-related costs that may be added to the enforceable amount of the judgment (and, in the specific § 685.090 setting, added to an already-issued writ) after a proper memorandum is filed and the debtor’s time to move to tax costs expires.[1][2][3] Attorney’s fees are included only if independently authorized (typically under Cal. Civ. Proc. Code § 685.040 or another fee-shifting basis), and then they are claimed as a category of postjudgment costs.[2][4]

What “costs after judgment” are (and how they function)

Issue

What qualifies as “costs after judgment” for purposes of CCP § 685.090, and whether attorney’s fees can be included.

Rule

• Postjudgment recovery generally includes (1) judgment principal, (2) allowable costs, (3) allowable costs after judgment, and (4) accrued interest.[4]
• A judgment creditor is entitled to reimbursement of “reasonable and necessary” costs of enforcing a judgment, and those costs must be reported to the court within two years of being incurred.[4]
• The MC-012 Memorandum of Costs After Judgment is the Judicial Council form used to claim and add allowable postjudgment costs and to state accrued interest.[2][4]

Application (what typically qualifies)

The categories of recoverable “postjudgment costs” commonly claimed on MC-012 include (among others):

• Abstract of judgment: preparing/issuing and recording/indexing.[2][4]
• Notice of judgment lien (personal property).[2][4]
• Writ of execution issuance costs (to the extent not otherwise satisfied/covered).[2][4]
• Levying officer (e.g., sheriff) fees (to the extent not otherwise satisfied/covered).[2][4]
• Debtor examination / order to appear fees and other approved costs under CCP § 708.110 et seq.[2][4]
• “Other” enforcement costs only if a statute authorizes them (the statute should be identified on the memorandum).[1][4]

Conclusion

“Costs after judgment” are primarily enforcement costs incurred after entry of judgment that are reasonable/necessary and claimed through the postjudgment cost procedure—often by MC-012—and, in the § 685.090 context, may be certified by the clerk to update a previously issued writ after the relevant objection period runs.[1][2][3][4]

Does CCP § 685.090 include attorney’s fees?

Issue

Whether attorney’s fees can be claimed as “costs after judgment.”

Rule

The MC-012 specifically includes a line item for:

“Attorney fees, if allowed by Code Civ. Proc., § 685.040.”[2]

Stated differently, attorney’s fees are not automatically part of “costs after judgment”; they are recoverable only when a separate legal basis authorizes postjudgment enforcement fees (referenced on the form as CCP § 685.040).[2][4]

Application

• General civil judgments: attorney’s fees may be claimed as postjudgment costs only when CCP § 685.040 (or another applicable fee authorization) applies; the claim is made via MC-012 in the “Attorney fees” category.[2][4]
• Small claims: at least in Los Angeles County small claims guidance, attorney fees “cannot be claimed for Small Claims judgments,” subject to limited appeal-related allowances described in that guidance.[5]

Conclusion

Attorney’s fees are included as “costs after judgment” only if allowed by an authorizing provision (commonly CCP § 685.040); CCP § 685.090 is a mechanism for adding/certifying allowable costs to a writ after the memorandum procedure, not an independent attorney-fee entitlement.[2][3][4]

Procedural note: what CCP § 685.090 is doing

Where a writ of execution has already issued and additional authorized postjudgment costs are later claimed by memorandum, a clerk’s certificate (referencing CCP § 685.090) is used to certify the additional costs are to be added to the previously issued writ after the time to move to tax costs has expired.[1][3]

Related point: interest can accrue on allowed postjudgment costs

Guidance on calculating amounts owed explains that interest may be collected on the unpaid portion of the judgment and on unpaid costs that were previously claimed on a Memorandum of Costs After Judgment (citing CCP § 685.090 in that discussion).[5]

Not the same as “prejudgment costs”

California Rules of Court, rule 3.1700 addresses memoranda of costs for prejudgment/trial costs (timing and motions to tax in that context), which is distinct from the postjudgment enforcement-cost process described above.[6]

Practical takeaway: Under CCP § 685.090, “costs after judgment” means allowable, statutory postjudgment enforcement costs (often claimed on MC-012). Attorney’s fees are only included if separately authorized (e.g., CCP § 685.040) and then specifically claimed as such on MC-012.[2][4]