Form Sc 135 PDF Details

Navigating the landscape of legal remedies after a judgment has been made in a small claims court can seem daunting. However, the SC-135 form serves as a beacon of hope for those seeking to overturn such decisions. Officially known as the Notice of Motion to Vacate Judgment and Declaration, this document is rooted in the provisions outlined in the Code of Civil Procedure sections 116.720, 116.730, and 116.740. It is designed to provide a structured avenue for individuals to request the court to reconsider and potentially cancel a judgment that has been made against them in small claims court. The form requires detailed information about the case, including the names and contact details of both the plaintiff and the defendant, signaling the start of a process that could lead to another hearing. The SC-135 not only underscores the importance of due process but also emphasizes the need for all relevant evidence such as witnesses, documents, and other substantiating materials to be present to support one's case. With sections dedicated to explaining the reasons behind the request to vacate the judgment—whether due to absence at the original trial or other circumstances—it provides a clear pathway for individuals to assert their right to a fair trial. Additionally, the form includes a declaration section where the applicant must affirm the truth of their statements under penalty of perjury, underscoring the seriousness of the procedure. Finally, the Clerk's Certificate of Mailing ensures that all parties are duly notified, maintaining the principles of fairness and transparency.

QuestionAnswer
Form NameForm Sc 135
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesmotion cancel vacate, notice declaration vacate form, judgment motion vacate sample, california sc135

Form Preview Example

Page 1 of 1
Code of Civil Procedure §§ 116.720, 116.730,116.740 www.courtinfo.ca.gov

Name and Address of Court:

SC-135

SMALL CLAIMS CASE NO.:

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.:

Telephone No.:

See attached sheet for additional plaintiffs and defendants.

NOTICE TO (Name):

One of the parties has asked the court to CANCEL the small claims judgment in your case. If you disagree with this request, you should appear in this court on the hearing date shown below. If the request is granted, ANOTHER TRIAL may immediately be held. Bring all witnesses, books, receipts, and other papers or things with you to support your case.

Una de las partes en el caso le ha solicitado a la corte que DEJE SIN EFECTO la decisión tomada en su caso por la corte para reclamos judiciales menores. Si usted esta en desacuerdo con esta solicitud, debe presentarse en esta corte en la fecha de la audiencia indicada a continuación. Si se concede esta solicitud, es posible que se efec- túe otro juicio inmediatamente. Traiga a todos sus testigos, libros, recibos, y otros documentos o cosas para presentarlos en apoyo de su caso.

NOTICE OF MOTION TO VACATE (CANCEL) JUDGMENT

1.A hearing will be held in this court at which I will ask the court to cancel the judgment entered against me in this case. If you wish to oppose the motion you should appear at the court on

HEARING

DATE

FECHA

DEL

JUICIO

DATE

DAY

TIME

PLACE

1.

2.

3.

COURT USE

2.I am asking the court to cancel the judgment for the reasons stated in item 5 below. My request is based on this notice of motion and declaration, the records on file with the court, and any evidence that may be presented at the hearing.

DECLARATION FOR MOTION TO VACATE (CANCEL) JUDGMENT

3.Judgment was entered against me in this case on (date):

4.I first learned of the entry of judgment against me on (date):

5.I am asking the court to cancel the judgment for the following reason:

a.

 

I did not appear at the trial of this claim because (specify facts):

b.

 

Other (specify facts):

 

6.I understand that I must bring with me to the hearing on this motion all witnesses, books, receipts, and other papers or things to sup- port my case.

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

...............................................................................................

(TYPE OR PRINT NAME)

(SIGNATURE)

 

CLERK'S CERTIFICATE OF MAILING

I certify that I am not a party to this action. This Notice of Motion to Vacate Judgment and Declaration was mailed first class, postage prepaid, in a sealed envelope to the responding party at the address shown above. The mailing and this certification occurred

at (place):

, California,

 

 

 

on (date):

Clerk, by

 

, Deputy

 

 

 

 

 

 

 

 

 

- The county provides small claims advisor services free of charge. -

 

Form Approved for Optional Use

Judicial Council of California SC-135 [Rev. January 1, 2007]

NOTICE OF MOTION TO VACATE JUDGMENT AND DECLARATION

(Small Claims)

How to Edit Form Sc 135 Online for Free

When you intend to fill out sc135 form 135, you don't have to install any sort of applications - just try using our PDF tool. Our tool is constantly developing to present the best user experience possible, and that's thanks to our dedication to constant enhancement and listening closely to comments from users. To get the ball rolling, consider these basic steps:

Step 1: Click on the "Get Form" button at the top of this webpage to access our PDF tool.

Step 2: This tool will give you the ability to change almost all PDF documents in many different ways. Modify it with personalized text, correct existing content, and place in a signature - all doable within minutes!

With regards to the blank fields of this precise form, this is what you should do:

1. The sc135 form 135 requires specific details to be inserted. Be sure that the following blanks are finalized:

Find out how to complete ca form sc 135 stage 1

2. Once the previous section is finished, it's time to put in the necessary specifics in HEARING, DATE FECHA, DEL, JUICIO, DATE, DAY, TIME, PLACE, COURT USE, I am asking the court to cancel, DECLARATION FOR MOTION TO VACATE, Judgment was entered against me in, I did not appear at the trial of, Other specify facts, and I understand that I must bring so you're able to move on further.

Step number 2 of submitting ca form sc 135

3. This third segment is generally quite simple, postage prepaid in a sealed, California, on date, Clerk by, The county provides small claims, Deputy, Page of, Form Approved for Optional Use, Judicial Council of California SC, NOTICE OF MOTION TO VACATE, and Code of Civil Procedure - every one of these fields has to be filled in here.

NOTICE OF MOTION TO VACATE, on date, and Deputy in ca form sc 135

Many people frequently get some points wrong while completing NOTICE OF MOTION TO VACATE in this part. Be certain to read again whatever you enter here.

Step 3: Right after you've looked once again at the details in the blanks, click "Done" to finalize your form at FormsPal. Go for a free trial account at FormsPal and obtain direct access to sc135 form 135 - download, email, or edit inside your personal account page. We don't sell or share any information that you type in when dealing with documents at FormsPal.

Form Sc 135 isn’t the one you’re looking for?

Related Documents