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You are here: More Topics > Landlord/Tenant > Questions & Answers > If the court orders the losing party to pay attorney's fees, court costs or damages, how can the money be collected?
In an unlawful detainer case, in addition to deciding if a tenant is staying in a rental unit illegally or not, the judge may decide that one party must pay the other party some money. For example:
- If the judge decides in favor of the tenant, the landlord may have to pay the tenant's court costs and attorney's fees. (However, the tenant would have to pay any rent that the court might order.)
- If the judge decides in favor of the landlord, the tenant may have to pay the landlord's court costs and attorney's fees, and any proven damages-such as overdue rent, or the cost of repairs if the tenant damaged the premises.
- The court will not collect this money for anyone. The person to receive the money must collect it him- or herself. To do so he or she should file with the court a Memorandum of Costs(Summary) (form MC-010), and a Memorandum of Costs (Worksheet) (form MC-011) within 15 days of the judgment.
- Once the amount of the costs has been determined, the court will issue the orders and other documents required to force the debtor to pay.
- Not all judgments are collectable because the debtor may not have any income or property of value.
- Collecting the money can become very complicated. You may have to get an order attaching the debtor's wages, bank account, or personal property.
- You may wish to consult an attorney or a collection agency.
- You may also look at the California Courts website.
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Last modified: 03/17/2008
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