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Fill and Sign the Sc 100 Plaintiff S Claim and Order to Go to Small Claims Court Form

Fill and Sign the Sc 100 Plaintiff S Claim and Order to Go to Small Claims Court Form

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(Continued on page 2) First, read the court's decisions on Form SC-200, Notice of Entry of Judgment. It will tell you the court’s judgment in this case. Then read this form. It will help you protect or enforce your rights, whether you won or lost the case. If the court ordere d you to pay money… Pay the judgment creditor directly. Ask the court to let you ma ke payments. (To do this, file Form SC-220, Request to Make Payments .) SC-200-INFO What to Do After th e Court Decides Your Small Claims Case Warning! You may lose important rights if you do not act within 30 days after the court handed or mailed you Form SC-200, Notice of Entry of Judgment . If the court mailed the Notice of Entry of Judgment, the date of mailing is on the Clerk's Certificate of Mailing that came with the notice. If the court did not award you any money on a claim that you filed… The court’s decision on your claim is normally final. You cannot appeal the decision on your own claim, but you may be allowed to ask the court to correct a mistake in the judgment. Warning! If you do not pay the judgment or file an appeal or a motion to vacate (cancel) or correct the judgment within 30 days after the Notice of Entry of Judgment was handed or mailed to you , your wages, money, and property can be taken to pay the claim. You may also have to pay inte rest. If your case involves an auto accident on a California highway, the Depart- ment of Motor Vehicles (DMV) can suspend your driver's license. You are the judgment debtor . The law requires you to pay the judgment. You can: Pay the court. (To do this, file Form SC-145, Request to Pay Judg ment to Court.) Or After you pay the judgment in full, you can ask the judgment creditor to file a form saying the judgment is paid. (See Form SC-290, Acknowledgment of Satis- faction of Judgment .) If the judgment creditor does not do this, he or she may have to pay you damages and a penalty. If you disagree with the judgment ordering you to pay money and you went to the small claims trial, you can appeal that decision. (You cannot appeal the decision on your own claim.) To do this, file Form SC-140, Notice of Appeal , within 30 days after the Notice of Entry of Judgment was handed or mailed to you. There will be a new trial in the superior court on all claims in the case. Each side will present evidence again. This time, each side can have a lawyer at the trial. (Continued on page 2) If the court ordered the other side to pay you… Important! The judgment debtor has 30 days after the Notice of Entry of Judgment was handed or mailed to him or her to appeal or pay or ask the court to cancel or correct the judgment. You cannot take legal steps to collect the judgment during this time. You are the judgment creditor . You must collect your judgment. The court will not colle ct it for you. Some steps you can take to collect your money are summarized below. For more information, go to www.courtinfo.ca.gov/selfhelp /smallclaims/collectintro.htm. Ask the judgment debtor to pay you the money. If the judgment debtor cannot afford to pay the judgment all at once, consider offering to ta ke payments. If your claim was for possession of property, ask the judgment debtor to return the prop erty to you. If the judgment debtor does not pay, you can find out about the debtor's income or property that the sheriff can take to satisfy the judgment. If the debtor does not pay wi thin 30 days after the court clerk delivered or mailed the Notice of Entry of Judgment, the debtor must send you Form SC-133, Judgment Debtor's Statement of Assets . This form will tell you what property the debtor has that may be used to pay the judgment.

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