I earned an Order requiring the Defendants to pay me x dollars for my fees and costs. Do I need to submit a Judgment form too?

Or is the ‘Order Awarding fees and costs’ [to me] the same thing as a judgment? [Maricopa County Superior Court]. The judge granted my Application for Fees and Costs with an Order Granting Application for Fees/Costs (to Plaintiff [me]) . It was dated and stated who owed me how much and at what percent of interest accruing per annum. Can I use that to get a writ of garnishment or execution? If not, would I just submit a Judgment form, filled out in accordance with the Order and wait for the judge to sign it?

A: If this is the final ruling of the court then yes, it will essentially be the same thing as a judgment, and you should submit a form of judgment to the court with a blank to enter your attorneys’ fees. But if this is part-way through the case, say as sanctions for a discovery violation, then you wouldn’t submit a form of judgment. The devil could be in the details on this one. It might be worth it to pay a lawyer for an hour of time to make sure you’re doing things right.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

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Re-posted from AVVO Legal Questions & Answers.

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