Attorneys' Fees in Collections Cases, the Sequel: Cashier's Check Rochambeau

Gray1 CPB v. SCC Acquisitions, No. G047429 (D4d3, April 9, 2014)

As we just discussed, a judgment creditor is entitled to recover its attorneys’ fees incurred in collecting if (among other reasons) the underlying judgment contained a contractual fee award. But to obtain those fees, Code of Civil Procedure §§ 685.070(b) and 685.080(a) require the creditor must apply or move for them within two years of their being incurred, and in any event, before the judgment is satisfied. The issue here is: When precisely does satisfaction occur? In this case, getting the answer wrong cost the creditor $3 million dollars.