If you want the judgment changed, you must notice a motion, in the proper format, serve the other side, and appear in court. Any award of attorney's fees, unless entered pursuant to the court's default schedule, must be approved by the court, i.e., by the judge. You / your attorney will need to file a motion.
Full Answer
I respond with some general information, not advice.#N#When a plaintiff obtains judgment on a contract, the plaintiffs' rights are merged into the judgment. The judgment creditor's rights are thereafter defined by the judgment...
If the promissory note does not contain an attorney's fee provision, you would not be entitled to collect any attorney fees if you obtained a judgment.#N#If you represent yourself in pro per as the plaintiff, you would not be entitled to collect attorney's fees if you obtained a judgment.
The Clerk is not going to add anything to, or otherwise change, a judgment which was entered by the court. If you want the judgment changed, you must notice a motion, in the proper format, serve the other side, and appear in court.
If the contract contains such language, then attorney’s fees are arguably “authorized by contract” and therefore can be added as “costs” to the judgment.
In other words, ordinarily a judgment creditor in California cannot add her attorney’s fees to the amount of the judgment, unless the underlying judgment includes an award for attorney’s fees pursuant to CCP 1033.5 (a) (10) (A).
See CCP 685.040. However, attorneys’ fees are not included in the recoverable cost of enforcing a judgment unless otherwise provided by law. See CCP 685.040. Attorneys’ fees incurred in enforcing a judgment are recoverable as costs if the underlying judgment includes an award for fees authorized by contract under CCP 1033.5 (a) (10) (A). This also applies to assignees of the judgment.
Subparagraph (B) provides a deadline for motions for attorneys’ fees—14 days after final judgment unless the court or a statute specifies some other time. One purpose of this provision is to assure that the opposing party is informed of the claim before the time for appeal has elapsed. Prior law did not prescribe any specific time limit on claims for attorneys’ fees. White v. New Hampshire Dep't of Employment Sec ., 455 U.S. 445 (1982). In many nonjury cases the court will want to consider attorneys’ fee issues immediately after rendering its judgment on the merits of the case. Note that the time for making claims is specifically stated in some legislation, such as the Equal Access to Justice Act, 28 U.S.C. §2412 (d) (1) (B) (30-day filing period).
The language of Rule 54 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
Hamburg-American Packet Co. (1893) 148 U.S. 262; Rexford v. Brunswick-Balke-Collender Co. (1913) 228 U.S. 339; Collins v. Miller (1920) 252 U.S. 364. Rule 54 (b) was originally adopted in view of the wide scope and possible content of the newly created “civil action” in order to avoid the possible injustice of a delay in judgment of a distinctly separate claim to await adjudication of the entire case. It was not designed to overturn the settled federal rule stated above, which, indeed, has more recently been reiterated in Catlin v. United States (1945) 324 U.S. 229. See also United States v. Florian (1941) 312 U.S. 656, rev'g (and restoring the first opinion in) Florian v. United States (C.C.A.7th, 1940) 114 F. (2d) 990; Reeves v. Beardall (1942) 316 U.S. 283.
Prompt filing affords an opportunity for the court to resolve fee disputes shortly after trial, while the services performed are freshly in mind. It also enables the court in appropriate circumstances to make its ruling on a fee request in time for any appellate review of a dispute over fees to proceed at the same time as review on the merits of the case.
The court must find the facts and state its conclusions of law as provided in Rule 52 (a). (D) Special Procedures by Local Rule; Reference to a Master or a Magistrate Judge.
The court may order disclosure of additional information, such as that bearing on prevailing local rates or on the appropriateness of particular services for which compensation is sought.
The words “or class member” have been removed from Rule 54 (d) (2) (C) because Rule 23 (h) (2) now addresses objections by class members to attorney-fee motions. Rule 54 (d) (2) (C) is amended to recognize that Rule 23 (h) now controls those aspects of attorney-fee motions in class actions to which it is addressed.
Unless otherwise provided by statute or order of court , the motion must be filed and served no later than 21 days after entry of judgment ; must specify the judgment and the statute, rule, or other grounds entitling the moving party to the award; and, must state the amount or provide a fair estimate of the amount sought. If directed by the court, the motion shall also disclose the terms of any agreement with respect to fees to be paid for the services for which claim is made. Entry of judgment shall not be delayed, nor the time for appeal extended, in order to award attorneys’ fees.
In general, a fees motion must be filed within a “reasonable time” following entry of judgment. 1 Florida courts have reached dramatically different results, however, regarding what constitutes a “reasonable time,” particularly in cases where a motion is filed after the conclusion of an appeal of the final judgment. The confused state of the law creates unpredictability and has prompted one appellate court to implore the Florida Supreme Court to adopt a clarifying procedural rule. 2 This article reviews the current state of Florida precedents and proposes a rule of civil procedure to bring greater certainty to this area of the law.
A 21-day period is recommended (rather than Rule 54’s 14-day period) for two reasons. First, one purpose of a definite filing deadline “is to assure that the opposing party is informed of the claim before the time for appeal has elapsed.” 42 In most Florida civil cases, a notice of appeal must be filed within 30 days of rendition of the final judgment. 43 Attorneys’ fees motions filed 21 days after judgment, therefore, will inform parties of the movant’s intent to seek fees within the deadline for seeking appellate review. Second, the federal rule’s 14-day period may be insufficient for the movant to compile the necessary information to provide the amount or fair estimate of fees to be included in the motion. Although movants need not fully support their motions with evidentiary materials at the time of filing, a 21-day period should provide an adequate period within which most movants can compile and analyze documents bearing on the amount of fees sought. For these two reasons, a 21-day period is suggested.
The confusion in the Fourth District is further heightened by the recent decision in National Environmental Products, Ltd. v. Falls, 678 So. 2d 869 (Fla. 4th DCA 1996). In Falls, a final judgment was entered against National Environmental Products (NEP). The judgment reserved jurisdiction as to costs but was silent as to fees. After the appellate court affirmed the judgment, Falls—as the prevailing party—filed a motion for attorneys’ fees and costs for the first time in the trial court. The motion, which did not expressly mention §57.105 as a basis for fees, was filed 19 months after the final judgment and six months after the appellate mandate had issued. The trial court held a hearing and ruled that NEP’s action against Falls was frivolous. The court awarded over $10,000 in fees pursuant to §57.105.
Much like its federal counterpart, the proposed rule requires “the filing of a motion sufficient to alert the adversary and the court that there is a claim for fees, and the amount of such fees (or a fair estimate).” 50 It is anticipated that the rule will provide parties with greater guidance and promote more efficient administration of attorneys’ fees claims.
Under the proposed rule, the trial court is in the best position to manage attorneys’ fees claims. The prompt filing of formal (and informative) motions will allow for their immediate consideration or deferral, as the trial court deems appropriate. 47
Of particular note, the Fourth District in Falls recommended that a uniform rule of procedure be adopted to eliminate the confusion currently existing in the appellate courts:
Besides holding a debtor's examination, there are really only three things you can do to collect a judgment: 1) Garnishment (of earnings or non-earnings); 2) Writ of Execution to send the sheriff to seize and sell non-exempt assets like boats or trailers or third vehicles; or 3) Judgment Lien that would encumber any property the debtor owns or later acquires, not including the...
Most states only allow certain statutory costs to be added to a judgment, like interest, court costs, etc. Attorney's fees are almost never allowed unless they were awarded in the original judgment, and only then if contractually allowed or provided for under some other statute.