I am often asked if attorney fees can be added to a judgment in California. The answer is not a straightforward yes or no. While, in most cases, adding attorney fees for post-judgment work is not allowed, there are exceptions to this rule. In this blog post, we will explore the circumstances in which attorney fees can be added to a judgment in California and provide guidance on the recovery process.

When Can you add attorney fees?

Contractual Attorney Fees: When it comes to adding attorney fees to a judgment, the existence of an express provision in the underlying agreement is crucial. If the original judgment includes a specific provision for the award of attorney fees, then it is possible to add attorney fees for post-judgment work. This provision may be found in the contract between the parties, the governing statute of the case, or in the court's order after a trial.

Statutory Attorney Fees: Another avenue for recovering attorney fees lies in certain statutes. In specific cases, statutes in California allow for the award of attorney fees. For instance, in claims involving unfair business practices or particular types of employment disputes, attorney fees may be granted.

Conditions for adding authorized post judgment attorney fees

Recovering Attorney Fees for Post-Judgment Work: To recover attorney fees for post-judgment work, it is essential to meet certain conditions:

Necessity of Work: The work performed must be necessary to enforce the judgment. This includes activities such as collections, enforcement actions, or other legal proceedings related to the judgment.
Reasonable and Necessary Work: The work performed must be reasonable and necessary in relation to the enforcement efforts. This means that the attorney fees should be incurred for activities directly related to the collection and enforcement process.
Reasonable Fees: The fees charged by the attorney must be reasonable. The court will assess the reasonableness of the fees based on factors such as the complexity of the case, the attorney's experience, and prevailing market rates.

Filing a Motion for Attorney Fees: If the conditions mentioned above are satisfied, a noticed motion needs to be filed and served on the judgment debtor. The motion should explicitly request the court to award attorney fees for post-judgment work. It is crucial to follow the proper procedures and provide sufficient documentation to support the claim for attorney fees.

Navigating the complexities of recovering attorney fees for post-judgment work can be challenging. Contact us today to explore your options for enforcing your judgment.