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Adversary Proceedings: COLLECT COSTS or ATTORNEYS FEES: Writ of Execution

7054-1(h):  Adversary Proceedings: COLLECT COSTS or ATTORNEYS FEES: Writ of Execution

LBR 7054-1(h) provides the procedure to follow when a prevailing party attempts to collect attorneys fees or other costs that have been awarded in a judgment or order.  These proceedings to obtain a judgment or order were carried out when the prevailing party filed a Bill of Costs of a Motion for Attorneys Fees. 

The prevailing party may attempt to collect fees or costs after the party takes steps needed to obtain a Writ of Execution.

  1. File an Affidavit and Request for Issuance of Write of Execution -- the court has a form application -- see link below.
  2. File a Notice of Motion for Order Without a Hearing -- the court has a form application.  See link below.
  3. A hearing is not required.
  4. The clerk will issue the writ of execution.   
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
7054-1(h)