Preview
MC-012
[ATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NUMER:
POR COURT USE ONLY
Name: A-L Financial Corp.
FIRM NAME: ta Ge
STREET ADDRESS: 1551 N. Tustin Ave., Suite #400, PO BOX 11907
city: Santa Ana STATE: CA ZIP. CODE: 92711-1907 200CT-6 PH Gz 26
TELEPHONE NO: 714-479-1314 FAXNO:: 714-479-1323
E-MAIL ADDRESS: BR AWDS
ATTORNEY FOR (name):
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN BY.
STREET ADDRESS: 315 W. Elm Street
MAILING ADDRESS: same
crry AND zip CODE: Lodi, CA 95240
BRANCH NAME: Lodi Courthouse
PLAINTIFF: A- L Financial Corp.
DEFENDANT: Edgardo L. Alarcon Jr. aka Edgar Alarcon, Jr.
MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF | SaSesunoen:
CREDIT, AND DECLARATION OF ACCRUED INTEREST 37-2011-00266487-SC-BR-LOD
1. [5] Postjudgment costs
a. | claim the following costs after judgment incurred within the last two years (indicate if there are multiple items in any category):
Dates Incurred Amount
(1) Preparing and issuing abstract of judgment
(2) Recording and indexing abstract of judgment
(3) Filing notice of judgment lien on personal property
(4) Issuing writ of execution, to extent not satisfied by Code Civ. Proc.,
§ 685.050 (specify county):
(5) Levying officers fees, to extent not satisfied by Code Civ. Proc.,
§ 685.050 or wage garnishment
(6) Approved fee on application for order for appearance of judgment
debtor, or other approved costs under Code Civ. Proc., § 708.110
et seq.
(7) Attorney fees, if allowed by Code Civ. Proc., § 685.040
(8) Other: service wage garnish (Statute authorizing cost): 385.040 & 685.070"5"
(9) Total of claimed costs for current memorandum of costs (add items (1)-(8))
b. All previously allowed postjudgment costs
c. Total of all postjudgment costs (add ifems a and b)
Credits to interest and principal
a, | acknowledge total payments to date in the amount of: $600.00 {including returns on levy process and direct payments).
The payments received are applied first to the amount of accrued interest, and then to the judgment principal (including
postjudgment costs allowed) as follows: credit to accrued interest: $0.00 ; credit to judgment principal $600.00
b. Principal remaining due: The amount of judgment principal remaining due is $1,552.10 . (See Code Civ. Proc., § 680.300)
3. [<] Accrued interest remaining due: | dectare interest accruing (at the legal rate) from the date of entry or renewal and on
balances from the date of any partial satisfactions (or other credits reducing the principal) remaining due in the amount
of $1,410.07 .
4. tamthe: [Gc] judgment creditor [) agent for the judgment creditor [| attorney for the judgment creditor.
| have knowledge of the facts concerning the costs claimed above. To the best of my knowledge and belief, the costs claimed are
correct, reasonable, and necessary, and have not been satisfied.
' declare under penalty of perjury under the laws of the State of California that the foregoing is i correct.
aH HAHAH
0.00
0.00
180.00
180.00
RAAB
Date: September 30, 2020
R. Haddix-Manager >
(TYPE OR PRINT NAME) PiCuaTa ff OF DECLARANT)
{
NOTICE TO THE JUDGMENT DESTOR '
If this memorandum of costs is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding
$100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this
memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having been
included in the writ of execution. (Code Civ. Proc., § 685.070(e).) A motion to tax costs claimed in this memorandum must be filed
within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).)
Page 1of
Fox Adopted or Mandir Uso MEMORANDUM OF COSTS AFTER JUDGMENT, Cod of Cl Posada,
HC-O12 Rew Seplember 1, 2018 ACKNOWLEDGMENT OF CREDIT, AND DECLARATION See caus cage
OF ACCRUED INTERESTMC-012
Short Title: A-L Financial Corp. vs Edgardo L. Alarcon Jr. aka Edgar Alarcon, Jr. CASE NUMBER:
37-2011-00266457~SC-SC_LOp
PROOF OF SERVICE
[Ge] Mail [Personal Service
1. At the time of service | was at least 18 years of age and not a party to this Segal action.
2. My residence or business address is;
1551 N. Tustin Ave., Suite #400, PO BOX 11907
Santa Ana, CA 92711-1907
3. [5¢] | mailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and
Declaration of Accrued interest as follows (complete either a or b):
a. [5] Mail. | am a resident of or employed in the county where the mail occurred.
(1) | enclosed a copy in an envelope AND
{a) [3<] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
{b) [__] placed the envelope for collection and mailing on the date and at the place shown in items below following our
ordinary business practices. | am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is.
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Name of person served: Edgardo L. Alarcon Jr. aka
(b) Address on envelope: Edgar Alarcon, Jr. PO BOX 8152. Stockton, CA 95208
(c) Date of mailing: September 30, 2020
(d) Place of mailing (city and state): Santa Ana, CA
b. [-_] Personal delivery. | personally delivered a copy as follows.
(1) Name of person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: September 30, 2020
°
Adriana Zavala-Assistant Manager > Ddven -“ 2 e
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
MC-012 [Rev. Septomber 1, 2018] MEMORANDUM OF COSTS AFTER JUDGMENT, Page 20f2
. ACKNOWLEDGMENT OF CREDIT, AND DECLARATION
° OF ACCRUED INTEREST™~
MC-013-INFO
INFORMATION SHEET FOR CALCULATING INTEREST
AND AMOUNT OWED ON A JUDGMENT
What can the judgment creditor recover?
Under California law, the amount recoverable by a judgment creditor includes:
* The total amount of the judgment entered by the court (principal), plus costs;
° Costs after judgment under Code of Civil Procedure section 685.070; and
* Accrued interest on the total amount.
Costs After Judgment
A judgment creditor is entitled to reimbursement for the “reasonable and necessary” costs of enforcing a judgment. These
costs must be reported to the court within two years of the date incurred. The judgment amount includes costs ordered by
the court after the judgment. (For information on recovering costs and a detailed list of costs that can be recovered see
Code of Civil Procedure sections 685.040, 685.050 et seq., 685.070(b), and 685.090; see also “Requesting Costs and
Interest” below).
Accrued Interest (See Code Civ. Proc., §§ 685.010, 685.020(a), and Cal. Const., art. XV, §L)
Interest accrues on an unpaid judgment amount at the legal rate of 10% per year (7% if the judgment debtor is a state or
local government entity) generally from the date of entry of the judgment. Interest begins to accrue on the amount of costs
added to a judgment from the date ordered by the court or from the date costs are allowed following expiration of the time
to object. (Code Civ. Proc., § 685.070(d).) Also, upon renewal of a judgment, interest begins to accrue on the day the
renewed judgment is entered. If the judgment is payable in installments, interest accrues from the date each installment is
due.
Requesting Costs and Interest
To have costs and interest added to the enforceable amount owed, the judgment creditor must file and serve a
Memorandum of Costs After Judgment (form MC-012). On this form, the judgment creditor must include the exact
amount of ail costs and accrued interest. This means the judgment creditor is responsible for calculating the amount of
interest that accrues on the judgment. It is useful to update this calculation after receiving payments.
Crediting Payments Received
Any payments received by the judgment creditor must be “credited” in a specific order. (Code Civ. Proc., § 695,220.)
After specific costs go directly to the levying officer and to the court for fees, the judgment creditor is required to credit
payments received first toward accrued interest and then toward the judgment principal (including costs approved by the
court after entry of the judgment),
Calculation of Interest on Judgment and Amount Due
Following are various formulas and examples to assist with the calculation of interest on a judgment using a 10% interest
rate:
. Calculating Daily Interest on a Judgment Using 10% Interest Rate
Following is the formula for figuring out the amount of interest earned per day on a judgment.
Formula: Total amount of judgment owed x 10% (or 0.10) = interest earned per year.
Divide that number by 365 = daily interest earned.
Example: Judgment debtor owes the judgment creditor $5,000 (the “judgment principal”),
$5,000 x 0.10 = $500
$500/365 = $1.37 daily interest
The amount of interest earned will be $1.37 per day as long as the unpaid amount remains $5,000.
Calculating the Total Amount Due, Including Interest, on the date of payment
Step 1: Calculate the amount of interest owed on the date of payment. This amount will equal the daily interest rate
calculated above, multiplied by the number of days since the court entered the final judgment.
1. Figure out the total number of days that have passed since the court entered the final judgment up to the day of
payment.
2. Multiply the total days by the amount of daily interest. The result is the amount of interest owing on the day of
payment.
Page 1 of 2
Form Approvod for Optional Use INFORMATION SHEET FOR CALCULATING INTEREST MC-013-INFO
MC-OTD.NEO [New Januay 1, 20:8 AND AMOUNT OWED ON A JUDGMENTMC-013-INFO
Example: Assume a $5,000 judgment was entered on June I and paid on September 8; 100 days from the entry of
the judgment have passed.
The daily interest is $1.37 (see above calculation).
$1.37 per day x 100 days = $137 interest owed on the date of payment.
The judgment debtor owes $137 in interest on the principal of $5,000 on the date of payment.
Step 2: Add the amount of interest that has accrued to the amount of the judgment.
$5,000 judgment amount + $137 interest = $5,137.
The judgment debtor owes a total of $5,137 on the 100th day after the court entered the judgment.
* Crediting Partial Payments and Recalculating the Amount Due
If the judgment debtor does not pay all that is owed at one time, the partial payments the debtor makes are credited
to the interest firs? and then to the judgment amount (the principal) owed.
Example: Judgment principal of $5,000.
« First Payment: After 200 days, the judgment debtor pays $1,000
Step 1: Calculate the amount of interest owed on the date of payment
Following the above example: $1.37 per day x 200 days. After 200 days, $274 in interest will have accrued
on the $5,000 judgment (200 days x $1.37 per day).
Step 2: Apply payment to interest
The debtor paid $1,000, which must first be used to credit the $274 of accrued interest.
That leaves a balance of $726 to be credited toward the $5,000 principal ($1,000 - $274 = $726).
Step 3: Apply remainder to principal
The remaining credit of $726 is applied to the $5,000 judgment principal ($5,000 - $726 = $4,274).
The judgment debtor now owes $4,274 on the judgment principal.
Step 4: Calculate the new daily interest rate
Daily interest would then accrue at a rate of $1.17/day.
$4,274 x 10% = $427.40 interest earned per year.
$427.40/365 = $1.17 interest earned per day.
* Second Payment: After 100 days, a payment of $500 is made (calculate using steps 1-4)
1, The amount of interest that accrues in the next 100 days:
100 days x $1.17 = $117.
2. The payment of $500 must first be credited towards the interest of $117, leaving a balance of $383 to be
credited against the principal ($500 - $117 = $383).
3. The credit of $383 is then subtracted from the judgment principal of $4,274, leaving an unpaid balance of
$3,891.
4. The new daily interest would then accrue on the principal going forward at a rate of $1.07/day:
$3,891 x 10% = $389.10/365.
MC-013-INFO [New Janvary 1, 2018] INFORMATION SHEET FOR CALCULATING INTEREST Page 2of2
is . AND AMOUNT OWED ON A JUDGMENT
Preview
MC-012 [ATTORNEY OR PARTY WITHOUT ATTORNEY ‘STATE BAR NUMER: POR COURT USE ONLY Name: A-L Financial Corp. FIRM NAME: ta Ge STREET ADDRESS: 1551 N. Tustin Ave., Suite #400, PO BOX 11907 city: Santa Ana STATE: CA ZIP. CODE: 92711-1907 200CT-6 PH Gz 26 TELEPHONE NO: 714-479-1314 FAXNO:: 714-479-1323 E-MAIL ADDRESS: BR AWDS ATTORNEY FOR (name): [SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN BY. STREET ADDRESS: 315 W. Elm Street MAILING ADDRESS: same crry AND zip CODE: Lodi, CA 95240 BRANCH NAME: Lodi Courthouse PLAINTIFF: A- L Financial Corp. DEFENDANT: Edgardo L. Alarcon Jr. aka Edgar Alarcon, Jr. MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF | SaSesunoen: CREDIT, AND DECLARATION OF ACCRUED INTEREST 37-2011-00266487-SC-BR-LOD 1. [5] Postjudgment costs a. | claim the following costs after judgment incurred within the last two years (indicate if there are multiple items in any category): Dates Incurred Amount (1) Preparing and issuing abstract of judgment (2) Recording and indexing abstract of judgment (3) Filing notice of judgment lien on personal property (4) Issuing writ of execution, to extent not satisfied by Code Civ. Proc., § 685.050 (specify county): (5) Levying officers fees, to extent not satisfied by Code Civ. Proc., § 685.050 or wage garnishment (6) Approved fee on application for order for appearance of judgment debtor, or other approved costs under Code Civ. Proc., § 708.110 et seq. (7) Attorney fees, if allowed by Code Civ. Proc., § 685.040 (8) Other: service wage garnish (Statute authorizing cost): 385.040 & 685.070"5" (9) Total of claimed costs for current memorandum of costs (add items (1)-(8)) b. All previously allowed postjudgment costs c. Total of all postjudgment costs (add ifems a and b) Credits to interest and principal a, | acknowledge total payments to date in the amount of: $600.00 {including returns on levy process and direct payments). The payments received are applied first to the amount of accrued interest, and then to the judgment principal (including postjudgment costs allowed) as follows: credit to accrued interest: $0.00 ; credit to judgment principal $600.00 b. Principal remaining due: The amount of judgment principal remaining due is $1,552.10 . (See Code Civ. Proc., § 680.300) 3. [<] Accrued interest remaining due: | dectare interest accruing (at the legal rate) from the date of entry or renewal and on balances from the date of any partial satisfactions (or other credits reducing the principal) remaining due in the amount of $1,410.07 . 4. tamthe: [Gc] judgment creditor [) agent for the judgment creditor [| attorney for the judgment creditor. | have knowledge of the facts concerning the costs claimed above. To the best of my knowledge and belief, the costs claimed are correct, reasonable, and necessary, and have not been satisfied. ' declare under penalty of perjury under the laws of the State of California that the foregoing is i correct. aH HAHAH 0.00 0.00 180.00 180.00 RAAB Date: September 30, 2020 R. Haddix-Manager > (TYPE OR PRINT NAME) PiCuaTa ff OF DECLARANT) { NOTICE TO THE JUDGMENT DESTOR ' If this memorandum of costs is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding $100 in aggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this memorandum may be disallowed by the court upon a motion to tax filed by the debtor, notwithstanding the fees having been included in the writ of execution. (Code Civ. Proc., § 685.070(e).) A motion to tax costs claimed in this memorandum must be filed within 10 days after service of the memorandum. (Code Civ. Proc., § 685.070(c).) Page 1of Fox Adopted or Mandir Uso MEMORANDUM OF COSTS AFTER JUDGMENT, Cod of Cl Posada, HC-O12 Rew Seplember 1, 2018 ACKNOWLEDGMENT OF CREDIT, AND DECLARATION See caus cage OF ACCRUED INTERESTMC-012 Short Title: A-L Financial Corp. vs Edgardo L. Alarcon Jr. aka Edgar Alarcon, Jr. CASE NUMBER: 37-2011-00266457~SC-SC_LOp PROOF OF SERVICE [Ge] Mail [Personal Service 1. At the time of service | was at least 18 years of age and not a party to this Segal action. 2. My residence or business address is; 1551 N. Tustin Ave., Suite #400, PO BOX 11907 Santa Ana, CA 92711-1907 3. [5¢] | mailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued interest as follows (complete either a or b): a. [5] Mail. | am a resident of or employed in the county where the mail occurred. (1) | enclosed a copy in an envelope AND {a) [3<] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid. {b) [__] placed the envelope for collection and mailing on the date and at the place shown in items below following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is. deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed as follows: (a) Name of person served: Edgardo L. Alarcon Jr. aka (b) Address on envelope: Edgar Alarcon, Jr. PO BOX 8152. Stockton, CA 95208 (c) Date of mailing: September 30, 2020 (d) Place of mailing (city and state): Santa Ana, CA b. [-_] Personal delivery. | personally delivered a copy as follows. (1) Name of person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered: | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: September 30, 2020 ° Adriana Zavala-Assistant Manager > Ddven -“ 2 e (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) MC-012 [Rev. Septomber 1, 2018] MEMORANDUM OF COSTS AFTER JUDGMENT, Page 20f2 . ACKNOWLEDGMENT OF CREDIT, AND DECLARATION ° OF ACCRUED INTEREST™~ MC-013-INFO INFORMATION SHEET FOR CALCULATING INTEREST AND AMOUNT OWED ON A JUDGMENT What can the judgment creditor recover? Under California law, the amount recoverable by a judgment creditor includes: * The total amount of the judgment entered by the court (principal), plus costs; ° Costs after judgment under Code of Civil Procedure section 685.070; and * Accrued interest on the total amount. Costs After Judgment A judgment creditor is entitled to reimbursement for the “reasonable and necessary” costs of enforcing a judgment. These costs must be reported to the court within two years of the date incurred. The judgment amount includes costs ordered by the court after the judgment. (For information on recovering costs and a detailed list of costs that can be recovered see Code of Civil Procedure sections 685.040, 685.050 et seq., 685.070(b), and 685.090; see also “Requesting Costs and Interest” below). Accrued Interest (See Code Civ. Proc., §§ 685.010, 685.020(a), and Cal. Const., art. XV, §L) Interest accrues on an unpaid judgment amount at the legal rate of 10% per year (7% if the judgment debtor is a state or local government entity) generally from the date of entry of the judgment. Interest begins to accrue on the amount of costs added to a judgment from the date ordered by the court or from the date costs are allowed following expiration of the time to object. (Code Civ. Proc., § 685.070(d).) Also, upon renewal of a judgment, interest begins to accrue on the day the renewed judgment is entered. If the judgment is payable in installments, interest accrues from the date each installment is due. Requesting Costs and Interest To have costs and interest added to the enforceable amount owed, the judgment creditor must file and serve a Memorandum of Costs After Judgment (form MC-012). On this form, the judgment creditor must include the exact amount of ail costs and accrued interest. This means the judgment creditor is responsible for calculating the amount of interest that accrues on the judgment. It is useful to update this calculation after receiving payments. Crediting Payments Received Any payments received by the judgment creditor must be “credited” in a specific order. (Code Civ. Proc., § 695,220.) After specific costs go directly to the levying officer and to the court for fees, the judgment creditor is required to credit payments received first toward accrued interest and then toward the judgment principal (including costs approved by the court after entry of the judgment), Calculation of Interest on Judgment and Amount Due Following are various formulas and examples to assist with the calculation of interest on a judgment using a 10% interest rate: . Calculating Daily Interest on a Judgment Using 10% Interest Rate Following is the formula for figuring out the amount of interest earned per day on a judgment. Formula: Total amount of judgment owed x 10% (or 0.10) = interest earned per year. Divide that number by 365 = daily interest earned. Example: Judgment debtor owes the judgment creditor $5,000 (the “judgment principal”), $5,000 x 0.10 = $500 $500/365 = $1.37 daily interest The amount of interest earned will be $1.37 per day as long as the unpaid amount remains $5,000. Calculating the Total Amount Due, Including Interest, on the date of payment Step 1: Calculate the amount of interest owed on the date of payment. This amount will equal the daily interest rate calculated above, multiplied by the number of days since the court entered the final judgment. 1. Figure out the total number of days that have passed since the court entered the final judgment up to the day of payment. 2. Multiply the total days by the amount of daily interest. The result is the amount of interest owing on the day of payment. Page 1 of 2 Form Approvod for Optional Use INFORMATION SHEET FOR CALCULATING INTEREST MC-013-INFO MC-OTD.NEO [New Januay 1, 20:8 AND AMOUNT OWED ON A JUDGMENTMC-013-INFO Example: Assume a $5,000 judgment was entered on June I and paid on September 8; 100 days from the entry of the judgment have passed. The daily interest is $1.37 (see above calculation). $1.37 per day x 100 days = $137 interest owed on the date of payment. The judgment debtor owes $137 in interest on the principal of $5,000 on the date of payment. Step 2: Add the amount of interest that has accrued to the amount of the judgment. $5,000 judgment amount + $137 interest = $5,137. The judgment debtor owes a total of $5,137 on the 100th day after the court entered the judgment. * Crediting Partial Payments and Recalculating the Amount Due If the judgment debtor does not pay all that is owed at one time, the partial payments the debtor makes are credited to the interest firs? and then to the judgment amount (the principal) owed. Example: Judgment principal of $5,000. « First Payment: After 200 days, the judgment debtor pays $1,000 Step 1: Calculate the amount of interest owed on the date of payment Following the above example: $1.37 per day x 200 days. After 200 days, $274 in interest will have accrued on the $5,000 judgment (200 days x $1.37 per day). Step 2: Apply payment to interest The debtor paid $1,000, which must first be used to credit the $274 of accrued interest. That leaves a balance of $726 to be credited toward the $5,000 principal ($1,000 - $274 = $726). Step 3: Apply remainder to principal The remaining credit of $726 is applied to the $5,000 judgment principal ($5,000 - $726 = $4,274). The judgment debtor now owes $4,274 on the judgment principal. Step 4: Calculate the new daily interest rate Daily interest would then accrue at a rate of $1.17/day. $4,274 x 10% = $427.40 interest earned per year. $427.40/365 = $1.17 interest earned per day. * Second Payment: After 100 days, a payment of $500 is made (calculate using steps 1-4) 1, The amount of interest that accrues in the next 100 days: 100 days x $1.17 = $117. 2. The payment of $500 must first be credited towards the interest of $117, leaving a balance of $383 to be credited against the principal ($500 - $117 = $383). 3. The credit of $383 is then subtracted from the judgment principal of $4,274, leaving an unpaid balance of $3,891. 4. The new daily interest would then accrue on the principal going forward at a rate of $1.07/day: $3,891 x 10% = $389.10/365. MC-013-INFO [New Janvary 1, 2018] INFORMATION SHEET FOR CALCULATING INTEREST Page 2of2 is . AND AMOUNT OWED ON A JUDGMENT