Form Sc 130 California PDF Details

The SC-130 California form, officially known as the Notice of Entry of Judgment for small claims, plays a crucial role in the aftermath of a small claims court decision. It serves as a formal declaration that a case has been adjudicated, informing both plaintiffs and defendants about the court's judgment. This document outlines the specifics of the judgment, including whether a defendant is required to pay the plaintiff a specified amount, if the claim was dismissed, or if any property possession was awarded as part of the judgment. Moreover, the SC-130 form offers essential information on the steps that can be taken post-judgment, such as appealing the decision, vacating the judgment under certain conditions, or the enforcement of the judgment, which is usually postponed for a certain period allowing for appeals. For those who are ordered to pay money, it provides guidance on how and where to make payments, and it also outlines procedures for the collection of the judgment amount by the winning party, including but not limited to wage garnishments, seizing of assets, or placing liens on property. Providing information in both English and Spanish, this form serves as a critical tool for ensuring that all parties understand their rights, responsibilities, and next steps following a small claims court decision.

QuestionAnswer
Form NameForm Sc 130 California
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namessido, SC-135, sc 130, California

Form Preview Example

10.

Name and Address of Court:

SC-130

SMALL CLAIMS CASE NO.:

NOTICE TO ALL PLAINTIFFS AND DEFENDANTS:

AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS:

Su caso ha sido resuelto por la corte para reclarnos

Your small claims case has been decided. If you lost the

judiciales menores. Si la corte ha decidido en su contra y

case, and the court ordered you to pay money, your

ha ordenado quo usted pague dinero, le pueden quitar su

wages, money, and property may be taken without further

salario, su dinero, y otras cosas de su propiedad, sin aviso

warning from the court. Read the back of this sheet for

adicional por parte de esta corte. Lea el reverso de este

important information about your rights.

formulario para obtener informacion de importancia acerca

 

de sus derechos.

 

 

 

 

 

 

PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each):

DEFENDANT/DEMANDADO *-(Name, street address, and telephone number of each):

Telephone No.:

Telephone No.:

Telephone No.:

See attached sheet for additional plaintiffs and defendants.

Telephone No.:

 

 

 

 

 

NOTICE OF ENTRY OF JUDGMENT

 

Judgment was entered as checked below on (date):

 

 

 

1.

 

Defendant (name, if more than one):

 

 

 

 

 

shall pay plaintiff (name, if more than one):

 

 

 

 

$

principal and: $

 

costs on plaintiffs claim.

 

2.

 

Defendant does not owe plaintiff any money on plaintiff's claim.

 

3.

 

Plaintiff (name, if more than one):

 

 

 

 

 

 

 

 

 

shall pay defendant (name, if more than one):

 

 

 

 

$

 

principal and $

 

costs on defendant's claim.

 

 

 

 

 

 

4.

 

Plaintiff does not owe defendant any money on defendants claim.

 

5.

 

Possession of the following property is awarded to plaintiff (describe property):

 

 

 

6.

 

Payments are to be made at the rate of: $

 

per (specify period):

, beginning on (date):

 

 

 

 

and on the (specify day):

day of each month thereafter until paid in full. If any payment is missed, the

 

 

entire balance may become due immediately.

 

 

 

7.

 

Dismissed in court

 

 

with prejudice.

 

 

without prejudice.

 

 

 

 

 

 

 

8.

 

Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-132) is attached.

 

 

9.

 

Other (specify):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation of a motor vehicle. If the judgment is not paid, the judgment creditor may apply to have the judgment debtor's drivers license suspended.

11.Enforcement of the judgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided.

12. This notice was personally delivered to (insert name and date):

13. CLERK'S CERTIFICATE OF MAILING

 

I certify that I am not a party to this action. This Notice of Entry of Judgment was mailed

 

first class, postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certification

occurred at the place and on the date shown below.

 

 

Place of mailing:

 

, California

 

 

Date of mailing:

 

 

 

 

 

 

Clerk, by

 

, Deputy

 

 

 

 

 

The county provides small claims advisor services free of charge. Read the information sheet on the reverse.

Page 1 of 2

Form Adopted for Alternative Mandatory Use Judicial Council of California

SC-130 [Rev. July 1, 2010]

NOTICE OF ENTRY OF JUDGMENT

(Small Claims)

Code of Civil Procedure, § 116.610

www.courtinfo.ca.gov

 

SC-130

INFORMATION AFTER JUDGMENT

INFORMACION DESPUES DEL FALLO DE LA CORTE

 

 

Your small claims case has been decided. The judgment or decision of the court appears on the front of this sheet. The court may have ordered one party to pay money to the other party. The person (or business) who won the case and who can collect the money is called the judgment creditor. The person (or business) who lost the case and who owes the money is called the judgment debtor.

Enforcement of the judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this period is over. Generally, both parties may be represented by lawyers after judgment.

IF YOU LOST THE CASE . . .

1 . If you lost the case on your own claim and the court did not award you any money, the court's decision on your claim is FINAL. You may not appeal your own claim.

2 . If you lost the case and the court ordered you to pay money,

your money and property may be taken to pay the claim unless you do one of the following things:

a. PAY THE JUDGMENT

The law requires you to pay the amount of the judgment. You may pay the judgment creditor directly, or pay the judgment to the court for an additional fee. You may also ask the court to order monthly payments you can afford.

Ask the clerk for information about these procedures.

b.APPEAL

If you disagree with the court's decision, you may appeal the decision on the other party's claim. You may not

appeal the decision on your own claim. However, if any party appeals, there will be a new trial on all the claims. If you appeared at the trial, you must begin your appeal by filing a form called a Notice of Appeal (form SC-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was mailed or handed to

you. Your appeal will be in the superior court. You will

have a new trial and you must present your evidence again. You may be represented by a lawyer.

c.VACATE OR CANCEL THE JUDGMENT

If you did not go to the trial, you may ask the court to vacate or cancel the judgment. To make this request, you must file a Motion to Vacate the Judgment (form SC-135) and pay the required fee within 30 days after the date this Notice of Entry of Judgment was mailed. If your request is denied, you then have 10 days from the date the notice of denial was mailed to file an appeal. The period to file the Motion to Vacate the Judgment is 180 days if you were not properly served with the claim. The 180-day period begins on the date you found out or should have found out about the judgment against you.

IF YOU WON THE CASE . . .

1.If you were sued by the other party and you won the case, then the other party may not appeal the court's decision.

2.If you won the case and the court awarded you money, here are some steps you may take to collect your money or get possession of your property:

a.COLLECTING FEES AND INTEREST

Sometimes fees are charged for filing court papers or for serving the judgment debtor. These extra costs can become part of your original judgment. To claim these fees, ask the clerk for a Memorandum of Costs.

b.VOLUNTARY PAYMENT

Ask the judgment debtor to pay the money. If your claim was for possession of property, ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE

MONEY OR ENFORCE THE JUDGMENT FOR YOU.

c.STATEMENT OF ASSETS

If the judgment debtor does not pay the money, the law requires the debtor to fill out a form called the Judgment Debtor's Statement of Assets (form SC-133). This form will tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor willfully fails to send you the completed form, you may file an Application and Order to Produce Statement of Assets and to Appear for Examination (form SC-134) and ask the court to give you your attorney's fees and expenses and other appropriate relief, after proper notice, under Code of Civil Procedure section 708.170.

d.ORDER OF EXAMINATION

You may also make the debtor come to court to answer questions about income and property. To do this, ask the clerk for an Application and Order for Appearance and Examination (Enforcement of Judgment) (form EJ-125) and pay the required fee. There is a fee if a law officer serves the order on the judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Small Claims Subpoena and Declaration (form SC-107) or Civil Subpoena Duces Tecum (form SUBP-002).

e.WRIT OF EXECUTION

After you find out about the judgment debtor's property, you may ask the court for a Writ of Execution (form EJ-1 30) and pay the required fee. A writ of execution is a court paper that tells a law officer to take property of the judgment debtor to pay your claim. Here are some examples of the kinds of property the officer may be able to take: wages, bank account, automobile, business property, or rental income. For some kinds of property, you may need to file other forms. See the law officer for information.

f.ABSTRACT OF JUDGMENT

The judgment debtor may own land or a house or other buildings. You may want to put a lien on the property so that you will be paid if the property is sold. You can get a lien by filing an Abstract of Judgment (form EJ-001) with the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract of Judgment

NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you may be fined. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form.

SMALL CLAIMS CASE NO.:

ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT (Do not

use this form if an Abstract of Judgment has been recorded.)

To the Clerk of the Court:

I am the

judgment creditor

assignee of record.

I agree that the judgment in this action has been paid in full or otherwise satisfied.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

SC-130 [Rev. July 1, 2010]

NOTICE OF ENTRY OF JUDGMENT

Page 2 of 2

(Small Claims)

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Step no. 1 for filling in AVISO

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beginning on date, principal and, and Payments are to be made at the inside AVISO

It's easy to make errors while filling out your beginning on date, so make sure to go through it again before you decide to send it in.

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AVISO conclusion process explained (portion 3)

4. Filling in NOTICE TO THE PARTY WHO WON As, ACKNOWLEDGMENT OF SATISFACTION OF, SMALL CLAIMS CASE NO, To the Clerk of the Court, I am the, judgment creditor, assignee of record, I agree that the judgment in this, Date, SC Rev July, TYPE OR PRINT NAME, SIGNATURE, NOTICE OF ENTRY OF JUDGMENT Small, and Page of is crucial in the next part - make certain that you take the time and fill in each blank!

ACKNOWLEDGMENT OF SATISFACTION OF, To the Clerk of the Court, and SMALL CLAIMS CASE NO inside AVISO

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