Legal Question in Business Law in California
Do postjudgment costs accrue interest?
I have a judgment against a defendant. I have spent about $700 in postjudgment costs just to enforce the judgment so far. It has been a nightmare.
The small claims clerk has told me that postjudgment costs don't accrue interest.
CCP 685.090(b) states ''The costs added to the judgment pursuant to this section are INCLUDED IN THE PRINCIPAL AMOUNT of the judgment remaining unsatisfied.''
CCP 685.010(a) subsequently states ''Interest accrues at the rate of 10 percent per annum ON THE PRINCIPAL AMOUNT of a money judgment remaining unsatisfied.''
Therefore, if costs added to the judgment are included in the principal amount of the judgment remaining unsatisfied (CCP 685.090(b)), and the principal amount of the judgment remaining unsatisfied accrues interest at the rate of 10 percent per annum (CCP 685.010(a)), then costs that are added to the principal amount of the judgment remaining unsatisfied would accrue interest at 10 percent per annum, would they not? This would mean that postjudgment costs accrue interest, correct?
1 Answer from Attorneys
Re: Do postjudgment costs accrue interest?
According to book, Rutter Group book Enforcing Judgment & Debts, Section 6:54, interest DOES accrue on costs.
"(3) [6:54] Interest on costs: When costs are added to the judgment, they become part of the judgment. Therefore, interest accrues upon those costs at the rate of 10% per annum. [CCP �� 685.090(a),(b), 685.010(a)]"
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