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Sc 104  Form

Sc 104 Form

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What is the SC 104?

The SC 104 is a proof of service form used in small claims court in California. This form is essential for documenting that legal documents have been properly served to the involved parties. It provides a record that can be presented in court, confirming that all necessary notifications were delivered according to legal requirements. Understanding the SC 104 is crucial for anyone involved in a small claims case, as it ensures compliance with procedural rules.

How to Use the SC 104

To use the SC 104, you must first complete the form accurately, detailing the names of the parties involved, the date of service, and the method used to serve the documents. After filling out the form, it should be signed and dated by the person who performed the service. This individual must also provide their address and contact information. Once completed, the SC 104 must be filed with the small claims court to validate the service of documents.

Steps to Complete the SC 104

Completing the SC 104 involves several key steps:

  1. Gather necessary information about the parties involved in the case.
  2. Fill out the SC 104 form, ensuring all sections are completed accurately.
  3. Indicate the method of service, such as personal delivery or mail.
  4. Have the server sign the form, confirming they delivered the documents.
  5. File the completed SC 104 with the small claims court before your scheduled hearing.

Legal Use of the SC 104

The legal use of the SC 104 is governed by California law, which requires that all parties in a small claims case are properly notified of the proceedings. The SC 104 serves as proof that this notification has occurred. For the form to be legally binding, it must be filled out correctly and filed in a timely manner. Failure to provide proper proof of service can result in delays or dismissal of the case.

Key Elements of the SC 104

Several key elements must be included in the SC 104 to ensure its validity:

  • Names of the parties: Clearly state the names of the plaintiff and defendant.
  • Date of service: Specify the exact date when the documents were served.
  • Method of service: Indicate how the documents were delivered (e.g., personal service, mail).
  • Signature of the server: The individual who served the documents must sign the form.
  • Contact information: Provide the address and phone number of the server.

State-Specific Rules for the SC 104

In California, specific rules govern the use of the SC 104. It is important to adhere to these regulations to ensure that the proof of service is accepted by the court. For instance, the server must be at least eighteen years old and cannot be a party to the case. Additionally, the SC 104 must be filed with the court before the hearing date to avoid any complications during the proceedings.

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