California Form Sc 223 PDF Details

In California, individuals who win a small claims judgment face the challenge of ensuring the judgment debtor adheres to the court-ordered payment plan. To address situations where a debtor fails to make payments as directed, the state has instituted the SC-223 form, officially known as the Declaration of Default in Payment of Judgment. This form becomes a crucial tool when a judgment debtor does not fulfill the payment schedule ordered by the court, prompting the judgment creditor to take action. By completing and filing the SC-223, a creditor formally notifies the court of the debtor's default, thereby requesting that the full balance of the judgment becomes immediately due and collectible. The form requires detailed information including the original judgment amount, the specific payment arrangements made by the court, a record of any payments received, and the balance remaining. Furthermore, the form ensures fairness by allowing the debtor a chance to respond through Form SC-224 if they disagree with the Declaration of Default. Alongside this procedural mechanism, the form also elaborates on the calculation of interest on the remaining balance, if applicable, ensuring that the creditor receives the full amount owed to them in accordance with the judgment. As such, the SC-223 form stands as a vital document within the California judicial system, safeguarding the interests of judgment creditors while providing a structured process for addressing non-compliance by judgment debtors.

QuestionAnswer
Form NameCalifornia Form Sc 223
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesSC-112A, smallclaims, SC-224, collectible

Form Preview Example

on the day of each (month, week, other):
, until (date of final payment): ; amount of final payment: $

SC-223

Declaration of Default

Clerk stamps here when form is filed.

 

 

in Payment of Judgment

 

 

 

 

 

Important: Read the other side before you fill out this form or if it was mailed to you. If you are the judgment debtor named in and you disagree with this Declaration of Default in Payment of Judgment, you may file Response to Declaration of Default in Payment of Judgment (Form SC-224) within 10 days after the declaration was mailed to you.

I am asking the court to order that the remaining balance of a small claims judgment is now due and collectible because payments were not made as the court ordered.

My name is:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fill in the court name and street address:

Mailing address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Superior Court of California, County of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Phone:

 

 

E-mail (optional):

 

 

The judgment debtor who has not made payments as the court ordered is (complete a separate form for each judgment debtor who has not paid as ordered):

 

Name:

 

 

 

 

 

 

 

 

Fill in your case number and case name:

 

Mailing address:

 

 

 

 

 

 

 

Case Number:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case Name:

 

Phone:

 

 

 

E-mail (optional):

 

 

 

 

 

 

 

 

 

On (date):

 

 

the court ordered that the judgment debtor named in

 

 

must pay me, or someone who assigned the judgment to me, principal,

 

 

 

 

prejudgment interest, and costs in the total amount of $

 

 

.

 

On (date): the court ordered that the judgment debtor named in may pay the judgment described

in as follows:

a. Payments of $ starting (date):

b. Other payment schedule (specify):

The payments listed below, and no others, have been made on the judgment described in .

Check here if there is not enough space below. List the date and amount of each payment on a separate page and write “SC-223, Item 5” at the top.

Date

Amount

Date

Amount

Date

Amount

Date

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The total amount of the payments that have been made on the judgment described in is $

,

and the balance due, without adding any interest after the judgment, is $

 

.

 

 

I request interest on the judgment, in the amount of $

, calculated as follows:

 

 

 

 

 

 

 

 

 

Check here if there is not enough space below. Explain how you calculated interest on a separate page and write “SC-223, Item 7” at the top.

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date:

Type or print your nameSign here

Judicial Council of California, www.courts.ca.gov

Declaration of Default

SC-223, Page 1 of 2

 

 

New July 1, 2013, Optional Form

in Payment of Judgment

 

Code of Civil Procedure, § 116.620;

 

 

 

Cal. Rules of Court, rule 3.2107

(Small Claims)

 

 

 

Default in Payments on Small Claims Judgment

General Information

If the court ordered that another plaintiff or defendant (judgment debtor) may pay a small claims judgment in payments, and that judgment debtor has not made the payments as ordered, you can ask the court to order that the full balance of the judgment is due and collectible. Here’s how:

•Read this form.

•Fill out page 1 of Form SC-223, Declaration of Default in Payment of Judgment. Fill out a separate form for each judgment debtor who did not make payments as ordered.

•File your completed form(s) with the small claims court clerk.

The court will mail all other plaintiffs and defendants in the case copies of the Declaration and a blank Form SC-224, Response to Declaration of Default in Payment of Judgment.

The judgment debtor will have 10 days to file a Response. Then the court will mail all plaintiffs and defendants in the case:

•A decision, or

•A notice to go to a hearing.

If the court ordered that you may make payments on a judgment, and another plaintiff, defendant, or person to whom the judgment has been assigned (judgment creditor) has filed Form SC-223, Declaration of Default in Payment of Judgment, asking the court to order that the full balance is now due and collectible because you did not make the payments:

•Read this form and the Declaration.

•If you agree with the court ordering that the amounts claimed in the Declaration are now due in full, you do not need to do anything.

•If you do not agree with the Declaration or with the court ordering that the amounts it claims are now due in full, file a Response within 10 calendar days after the court clerk mailed the Declaration to you. (This date is on the Clerk’s Certificate of Mailing.)

To file your Response:

•Fill out Form SC-224, Response to Declaration of Default in Payment of Judgment.

•Have your Response served on the judgment creditor and all other plaintiffs and defendants in your case. (See Form SC-112A, Proof of Service by Mail.)

•File your Response and Proof of Service with the small claims court clerk.

Answers to Common Questions

When is the judgment due?

Unless the court orders otherwise, small claims judgments are due immediately. If the judgment is not paid in full within 30 days, the judgment creditor (person to whom the money is owed) can take legal steps to collect any unpaid amount. (Collection may be postponed if an appeal or a request to vacate (cancel) or correct the judgment is filed.)

When can the judgment debtor make payments? A plaintiff or defendant who was ordered to pay a small claims judgment (judgment debtor) can ask the court for permission to make payments. If the court agrees, the plaintiff or defendant who is owed money (the judgment creditor) cannot take any other steps to collect the money as long as the payments are made on time. If payments are not made on time, the judgment creditor can ask the court to order that the remaining balance of the judgment is due and collectible.

Is interest added after the judgment?

Interest (10 percent per year) is usually added to the unpaid amount of the judgment from the date the judgment is entered until it is paid in full. Interest can only be charged on the unpaid amount of the judgment (the

principal); interest cannot be charged on any unpaid interest. If a partial payment is received, the money is applied first to unpaid interest and then to unpaid principal.

When the court allows payments, the court often does not order any interest, as long as all payments are made in full and on time. Unless the judgment creditor asks for interest to be included in the order allowing payments, the judgment creditor may lose any claims for interest. But if the judgment debtor does not make full payments on time, interest on the missed payment or the entire unpaid balance might become due and collectible.

How do I calculate interest?

If you are asking for interest or disagreeing with a request for interest, you need to explain your interest calculation. Interest, at the rate of 10 percent per year (.0274 percent per day), may be added to the full unpaid balance of the judgment or only to payments that were not made on time. To calculate interest, show the unpaid principal balance, the dates and number of days you want the court to allow interest on that amount, and the total interest for that period. If payments were made, you will need to make separate calculations for the reduced principal balance after each payment.

 

Need help?

 

 

For free help, contact your county’s small claims advisor:

 

 

[local info here]

 

 

Or go to www.courts.ca.gov/smallclaims/advisor

 

 

 

 

New July 1, 2013

Declaration of Default in Payment of Judgment

SC-223, Page 2 of 2

 

 

(Small Claims)

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smallclaims completion process clarified (part 1)

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smallclaims completion process explained (stage 2)

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