Sc 108 Form PDF Details

Navigating the legal landscape after a judgment in a small claims court can be daunting, but the SC-108 form offers a pathway for those seeking remedy. Known formally as the Request to Correct or Cancel Judgment and Answer, this document plays a crucial role for individuals who believe a clerical error has been made or that the wrong law was applied in their case. The form, which must be filed within 30 days following the mailing of the SC-130 form, Notice of Entry of Judgment, presents a structured opportunity for petitioners to make their case to the court for either correction or cancellation of the judgment. Importantly, the process does not extend the deadline for filing an appeal, underscoring the urgency and importance of acting swiftly. Upon submission, the clerk of the court is tasked with notifying all parties involved by mailing a copy of the form, ensuring that each has the chance to respond. For those who were absent during the original trial, an additional form, SC-135, is required. The court commits to providing a decision either through mail or by setting a court hearing, highlighting the formal procedure in place for addressing such requests. This form signifies a critical recourse for individuals seeking justice and correction in the aftermath of small claims judgments.

QuestionAnswer
Form NameSc 108 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namessc108, cancel judgment, sc 108, california answer claims form

Form Preview Example

 

SC-108

Request to Correct or Cancel

 

Judgment and Answer (Small Claims)

 

 

 

 

Request

 

This form is used to ask the court to correct or cancel a small claims judgment. You must file this form no later than 30 days after the clerk mailed Form SC-130, Notice of Entry of Judgment. Filing this form does not extend the deadline to file an appeal.

If you are the person asking the court to correct or cancel a

judgment, fill out 1 – 5 on this page, then file it at the clerk’s office. The clerk will mail a copy of the form to all other plaintiffs and defendants in your case. The court will give the other plaintiffs and defendants at least 10 days to answer this Request. The court will mail its decision to you or tell you to go to a court hearing. If you did not go to the trial, you must use Form SC-135, Notice of Motion to Vacate Judgment and Declaration.

If you receive this form, read below, then fill out 6 through 9 on page 2. The court will mail its decision to you or tell you to go to a court hearing.

1The person asking the court to correct or cancel a judgment is:

Name:

Address:

Check one:

A defendant in this case

2 Notice to:

A plaintiff in this case

 

(List names and addresses of all other defendants and plaintiffs in your case.)

Name

Address

a.

b.

c.

d.

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Fill in your case number and case name below:

Case Number:

Case Name:

Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write “SC-108, Item 2” on top.

3I ask the court to (check one):

a. Correct the following clerical error in the judgment. List the error:

Change to:

Explain why this correction is needed:

b.

Cancel the judgment because the court applied the wrong law to this case. (Explain):

Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write “SC-108, Item 3” on top.

4In making its order, I ask the court to consider the information on this form, any records on file, and, if the court holds a hearing, the evidence presented at that hearing.

5I declare under penalty of perjury under California state law that the information above and on all attachments is true and correct.

Date:

Type or print your nameSign your name

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

Request to Correct or Cancel Judgment and Answer SC-108, Page 1 of 2

Revised July 1, 2011, Optional Form

 

(Small Claims)

Code of Civil Procedure, §§ 116.725; California Rules of Court, rule 3.2107

 

SC-108

 

Request to Correct or Cancel

 

 

Judgment and Answer (Small Claims)

 

 

 

Answer

 

 

The person listed in

1 on page 1 of this form has asked the court to correct

or cancel the judgment in your small claims case.

Follow these steps to tell the court what you want to do about this request:

•

Read page 1 to see what the person in 1 is asking for.

•

Fill out 6 – 9

below.

• Mail your completed form to the court right away.

•

Mail a copy of this form to each plaintiff and defendant listed in 1 and

 

2 on page 1 of this form.

The court will mail its decision to all plaintiffs and defendants at least 10 days after the Request was mailed. If you do nothing, the court may make the order without hearing from you.

6The person filing this answer is:

Name:

Address:

Check one:

A defendant in this case

A plaintiff in this case

7Tell the court what you want to do about the request.

(Check all that apply):

a.

I agree to the correction requested in

3 a.

 

 

 

I agree to the cancellation of judgment requested in 3 b.

b.

 

 

 

I do not agree with the request in 3

a. (Explain):

c.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

I do not agree with the request in 3 b. (Explain):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

e.

I ask the court to have a hearing to decide this matter.

 

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Fill in your case number and case name below.

Case Number:

Case Name:

Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write “SC-108, Item 7” on top.

8

I mailed a copy of this form to everyone listed in 1 and 2 of this form on (date):

9I declare under penalty of perjury under California state law that the information above and on all attachments is true and correct.

Date:

Type or print your name

Need help?

For free help, contact your county’s Small

Claims Advisor:

Or, go to “County-Specific Court Information” at: www.courts.ca.gov/selfhelp-smallclaims.htm

Sign your name

The clerk fills out below.

— Clerk’s Certificate of Mailing —

I certify that I am not involved in this case and (check one):

A Certificate of Mailing is attached.

The Request to Correct or Cancel Judgment and Answer was mailed first class, postage paid, to all parties at the

addresses listed in

2 .

 

On (date):

 

 

 

From (city):

 

 

, California

Clerk, by

 

, Deputy

 

 

 

Revised July 1, 2011

Request to Correct or Cancel Judgment and Answer

SC-108, Page 2 of 2

(Small Claims)

How to Edit Sc 108 Form Online for Free

sc 1081 can be filled in online very easily. Simply make use of FormsPal PDF tool to finish the job right away. The tool is consistently upgraded by us, receiving awesome features and growing to be better. If you are looking to begin, here's what it takes:

Step 1: Simply click the "Get Form Button" above on this page to get into our pdf file editor. There you'll find all that is required to fill out your document.

Step 2: As soon as you access the tool, you will notice the form ready to be completed. Aside from filling in different fields, you could also perform other things with the file, specifically putting on custom words, modifying the initial textual content, adding graphics, putting your signature on the PDF, and a lot more.

It is straightforward to fill out the document with this helpful tutorial! Here's what you must do:

1. The sc 1081 will require particular details to be entered. Make sure the following blanks are finalized:

Best ways to prepare cancel answer stage 1

2. Just after the prior part is completed, go on to type in the suitable information in all these - I ask the court to check one a, Cancel the judgment because the, Check here if you need more space, In making its order I ask the, true and correct Date, Type or print your name, Sign your name, Judicial Council of California, Small Claims, Request to Correct or Cancel, and SC Page of.

cancel answer completion process explained (step 2)

3. This third step is usually simple - fill out all of the form fields in Answer The person listed in on, Name Address Check one A defendant, I agree to the correction, I agree to the cancellation of, Fill in court name and street, Fill in your case number and case, Case Name, I do not agree with the request in, I ask the court to have a hearing, and Check here if you need more space to finish this process.

Check here if you need more space, I agree to the cancellation of, and I agree to the correction inside cancel answer

Be extremely mindful when filling out Check here if you need more space and I agree to the cancellation of, as this is the section where most people make mistakes.

4. All set to complete this next section! Here you'll have these Check here if you need more space, I mailed a copy of this form to, I declare under penalty of perjury, Type or print your name Need help, Or go to CountySpecific Court, Sign your name, The clerk fills out below, Clerks Certificate of Mailing, I certify that I am not involved, addresses listed in On date From, Revised July, Request to Correct or Cancel, SC Page of, and Clerk by Deputy empty form fields to do.

I certify that I am not involved, Check here if you need more space, and The clerk fills out below inside cancel answer

Step 3: After you've reviewed the information in the blanks, click on "Done" to finalize your document generation. Get hold of your sc 1081 after you register here for a free trial. Immediately get access to the document within your personal account page, along with any modifications and adjustments being conveniently preserved! FormsPal is committed to the privacy of all our users; we ensure that all personal information processed by our editor is kept protected.

Sc 108 Form isn’t the one you’re looking for?

Related Documents