Get California Sc 145 Form

Get California Sc 145 Form

The California SC 145 form is a legal document used in small claims cases, allowing a judgment debtor to request that payments be made directly to the court rather than the creditor. This form facilitates the process of satisfying a judgment by detailing the amounts owed, including principal, costs, and interest. If you need to complete this form, please click the button below to get started.

Structure

The California SC-145 form plays a critical role in the small claims court process, particularly for individuals who have received a judgment against them. This form allows a judgment debtor to request that payments be made directly to the court rather than to the creditor. By filling out the SC-145, the debtor can specify key details such as the judgment date, creditor information, and the total amount owed, which includes principal, costs, interest, and any applicable processing fees. The form also accommodates those who have already made partial payments, requiring documentation to verify these transactions. Importantly, it highlights the understanding that if payment is made via personal check, there will be a delay in processing the satisfaction of judgment. Once the court calculates the total amount due, the debtor can formally request the court to enter a satisfaction of judgment upon payment. This process is vital for ensuring that both the debtor and creditor have clarity regarding the fulfillment of the judgment and the legal obligations involved.

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SC-145

Name and Address of Court:

SMALL CLAIMS CASE NO.:

PLAINTIFF/DEMANDANTE (Name and address of each):

DEFENDANT/DEMANDADO (Name and address of each):

See attached sheet for additional plaintiffs and defendants.

REQUEST TO PAY JUDGMENT TO COURT

1.Instead of paying the judgment directly to the creditor, I want to pay it to the court.

2.Date judgment was entered (specify):

3.Judgment creditor (the person or business you were ordered to pay)

a.Full name:

b.Address (use last known):

4.I understand that the amount of money I must pay to get a satisfaction of judgment is the total of the

a.principal amount of money the court ordered me to pay,

b.costs (if awarded by the court),

c.interest accrued on the judgment,

d.the court's processing fee, and

e.other charges the court has added to the judgment. (The court will calculate the total (see reverse).)

5.Partial payment (Complete this section if you have ALREADY PAID PART of the judgment.)

I have already paid part of the judgment.

 

Amount paid: $

(check one or both of the boxes below.)

a.

b.

by check or money order. (Attach a copy of both sides of the canceled check or money order.) by cash. (Attach a copy of the signed, dated cash receipt)

6.I understand that if I pay by personal check, satisfaction of judgment will be delayed 30 days.

7.I request the court to calculate the total amount required to enter a satisfaction of judgment, and to enter a satisfaction of judg- ment after I have paid the total amount to the court.

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 OF JUDGMENT DEBTOR)

 

 

 

 

Judgment creditor: See important notice on reverse.

CERTIFICATION

I certify that this document is a true and cor- rect copy of the original on file with this court.

(Seal)

Clerk,

by, Deputy

(1)

(2)

SATISFACTION OF JUDGMENT (for court use only)

Full satisfaction of judgment entered as to judgment debtor

(name):

on (date):

Full satisfaction of judgment NOT entered as requested

(state reason):

Clerk, by

 

, Deputy

 

 

 

Form Adopted for Mandatory Use Judicial Council of California SC-145 [Rev. January 1, 2007]

REQUEST TO PAY

JUDGMENT TO COURT

(Small Claims)

Page 1 of 2

www.courtinfo.ca.gov

PLAINTIFF:

DEFENDANT:

SC-145

CASE NUMBER:

FOR COURT USE ONLY

1.Judgment entered on (date):

2.Amount to be paid as of date of request (specify):

a. Unpaid principal ---------------------------------------------------------------------------------------------

$

 

b. Costs -----------------------------------------------------------------------------------------------------------

$

 

c. Post judgment costs ----------------------------------------------------------------------------------------

$

 

d. Credits (see receipts) --------------------------------------------------------------------------------------

$

 

e. Interest accrued (to date in item 2, above)

-----------------------------------------------------------

$

 

f. Processing fee -----------------------------------------------------------------------------------------------

$

 

g. Other (specify) -----------------------------------------------------------------------------------------------

$

 

 

SUBTOTAL

$

 

Add interest at: $

per day (from date in item 2) -------------------

$

 

 

 

 

 

 

TOTAL

$

 

 

 

 

 

 

 

 

 

 

 

 

 

CLERK'S CERTIFICATE OF MAILING

I certify that I am not a party to this action. This Notice to Judgment Creditor was mailed first class, postage prepaid, in a sealed envelope to the address shown in item 3 on the reverse. The mailing and this certification occurred

at (place):California, on (date):

Clerk, by

 

, Deputy

 

 

 

NOTICE TO JUDGMENT CREDITOR

1.The judgment debtor has fully satisfied the judgment entered by making payment to the court in the amount shown above.

2.You may claim this money by

a. presenting this form in person to the court clerk during regular business hours, -OR-

b. mailing this form to the court.

3.Complete the Judgment Creditor's Request for Funds below.

4.Money not claimed within three years becomes the property of the court (see Government Code sections 50050-50056).

JUDGMENT CREDITOR'S REQUEST FOR FUNDS

I request the court to pay the money to me by mail at my current address (specify):

(Mail or deliver this form to the court clerk Keep a photocopy for yourself.)

Date:

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

....

(TYPE OR PRINT NAME)

(SIGNATURE OF JUDGMENT CREDITOR)

SC-145 [Rev. January 1. 2007]

REQUEST TO PAY

JUDGMENT TO COURT

(Small Claims)

Page 2 of 2

Document Data

Fact Name Fact Details
Form Title The SC-145 form is titled "Request to Pay Judgment to Court" and is used in small claims cases in California.
Governing Law This form is governed by the California Code of Civil Procedure, particularly sections related to small claims judgments.
Payment Process Judgment debtors can choose to pay the judgment amount directly to the court instead of the creditor.
Components of Payment The total amount to be paid includes principal, costs, accrued interest, processing fees, and any other court-imposed charges.
Partial Payments If a debtor has already made partial payments, they must indicate the amount paid and provide documentation, such as receipts.
Delay in Processing Payments made by personal check may result in a 30-day delay for the satisfaction of judgment.

How to Use California Sc 145

Completing the California SC-145 form is an essential step if you wish to pay a judgment to the court rather than directly to the creditor. This process involves providing specific information about the judgment, the creditor, and any payments you may have already made. Follow these steps carefully to ensure that your form is filled out correctly.

  1. At the top of the form, fill in the Name and Address of Court where your case was filed.
  2. Enter the Small Claims Case Number in the designated area.
  3. Provide your name and address as the Plaintiff/Demandante in the first section.
  4. Next, fill in the name and address of the Defendant/Demandado.
  5. If there are additional plaintiffs or defendants, attach a separate sheet with their details.
  6. In the section labeled Request to Pay Judgment to Court, indicate that you want to pay the judgment to the court instead of the creditor.
  7. Specify the Date Judgment Was Entered in the provided space.
  8. Fill in the Judgment Creditor's Full Name and their last known Address.
  9. Understand the total amount required for satisfaction of judgment. This includes the principal amount, any costs awarded by the court, accrued interest, the court's processing fee, and any other charges.
  10. If you have already made partial payments, complete that section by stating the Amount Paid and indicating how you paid (by check, money order, or cash). Attach necessary documentation.
  11. Note that if you pay by personal check, the satisfaction of judgment will be delayed by 30 days.
  12. Request the court to calculate the total amount needed for satisfaction and to enter the satisfaction of judgment once payment is made.
  13. Sign and date the form, ensuring that your printed name is also included.

Once you have filled out the form, make sure to keep a copy for your records. Submit the completed SC-145 form to the appropriate court clerk, and follow any additional instructions provided by the court regarding the payment process.

Key Facts about California Sc 145

What is the purpose of the California SC-145 form?

The California SC-145 form is used to request that a judgment debtor pays their judgment to the court instead of directly to the creditor. This allows the court to handle the payment and ensure that the creditor receives the funds appropriately.

Who should fill out the SC-145 form?

The SC-145 form should be filled out by the judgment debtor, the person who has been ordered to pay a judgment. It is important that they provide accurate information regarding the judgment and any payments already made.

What information is required on the SC-145 form?

The form requires details such as the name and address of the court, the case number, the names and addresses of the plaintiff and defendant, the date the judgment was entered, and the judgment creditor's information. Additionally, the debtor must provide the total amount owed and any partial payments made.

What happens if I have already made a partial payment?

If you have already made a partial payment, you must indicate this on the form. You need to specify the amount paid and how you made that payment, whether by check, money order, or cash. Attach supporting documentation, such as a copy of the canceled check or cash receipt.

How does the court calculate the total amount due?

The court will calculate the total amount due based on several factors, including the principal amount, any awarded costs, accrued interest, processing fees, and any other charges. The debtor requests this calculation by submitting the SC-145 form.

What should I know about paying by personal check?

If you choose to pay by personal check, be aware that the satisfaction of judgment will be delayed for 30 days. This means the court will not process your request until the check clears.

What is the significance of the certification on the SC-145 form?

The certification on the SC-145 form confirms that the information provided is true and correct under penalty of perjury. It is a legal affirmation that the debtor is providing accurate details about their payment status and judgment obligations.

What happens after the court processes the payment?

Once the court processes the payment, they will enter a satisfaction of judgment if the total amount is paid. The creditor will be notified, and they can claim the funds either in person or by mail. If the funds are not claimed within three years, they become the property of the court.

Where can I find more information about the SC-145 form?

For more information, you can visit the California court's official website or contact the court directly. They provide resources and assistance regarding the small claims process and the SC-145 form.

Common mistakes

Filling out the California SC-145 form can be straightforward, but many people make common mistakes that can delay the process. One frequent error is not providing complete names and addresses for all parties involved. It is crucial to ensure that the plaintiff and defendant information is accurate and up to date. Missing or incorrect details can lead to confusion and may result in the court rejecting the form.

Another mistake occurs when individuals fail to specify the date the judgment was entered. This date is essential for calculating the total amount owed, including any accrued interest. Without this date, the court may not be able to process the request efficiently.

People often overlook the importance of including the judgment creditor's full name and last known address. This information is necessary for the court to verify the details of the judgment and ensure that payments are directed to the correct party. Incomplete or inaccurate creditor information can complicate matters.

Many users also misunderstand the total amount required to satisfy the judgment. It is vital to include not just the principal amount but also any costs, interest, and processing fees. Failing to account for all these elements can result in underpayment, leading to further complications.

In addition, some individuals mistakenly assume that partial payments do not need to be documented. If you have already made a partial payment, it is essential to complete that section of the form and attach the necessary proof, such as a canceled check or a cash receipt. Neglecting this step can delay the court's acknowledgment of your payment.

Another common error is related to payment methods. If paying by personal check, it’s important to remember that satisfaction of judgment will be delayed by 30 days. This information should be clearly understood to avoid unexpected delays in processing.

Some people forget to sign and date the form. This step is critical, as the declaration under penalty of perjury confirms that the information provided is true and correct. A missing signature can render the entire form invalid.

Lastly, individuals often neglect to keep a copy of the completed form for their records. It is advisable to retain a photocopy for future reference. This can be helpful in case any issues arise or if proof of submission is needed later.

Documents used along the form

The California SC-145 form is an essential document used in small claims court to request that a judgment be paid directly to the court instead of the creditor. Along with this form, several other documents may be necessary for various aspects of the small claims process. Below is a list of related forms and documents that are often used in conjunction with the SC-145.

  • SC-100: Plaintiff's Claim and ORDER to Go to Small Claims Court - This form initiates the small claims process, allowing the plaintiff to outline their claim against the defendant and request a court hearing.
  • SC-120: Defendant's Claim and ORDER to Go to Small Claims Court - This document is used by the defendant to respond to the plaintiff's claim and may include a counterclaim against the plaintiff.
  • SC-130: Notice of Appeal - If a party wishes to appeal the small claims court's decision, this form must be filed to formally initiate the appeal process.
  • SC-150: Judgment Debtor's Statement of Assets - This form provides information about the debtor's financial situation, which can help the creditor determine how to collect the judgment.
  • SC-200: Request for Dismissal - If the plaintiff decides to withdraw their claim, this form is used to officially dismiss the case from court records.
  • SC-300: Application for Writ of Execution - This document allows a creditor to request a court order to seize the debtor's property in order to satisfy a judgment.
  • SC-400: Request for Court Order - This form is used to request various types of court orders related to the enforcement of a judgment, such as wage garnishment or property liens.
  • SC-500: Small Claims Court Information Sheet - This informational document provides guidance on small claims procedures, including filing requirements and court rules.

Each of these forms serves a specific purpose in the small claims process, ensuring that both plaintiffs and defendants understand their rights and responsibilities. Familiarity with these documents can help individuals navigate the complexities of small claims court more effectively.

Similar forms

  • SC-135: Request for Dismissal - This form allows a party to request the court to dismiss a small claims case, similar to how the SC-145 requests payment through the court.
  • SC-130: Plaintiff's Claim and Order to Go to Small Claims Court - This document initiates a small claims case, similar to how SC-145 addresses the payment process after a judgment has been made.
  • SC-140: Defendant's Claim and Order to Go to Small Claims Court - Like SC-145, this form is used when a defendant wants to assert a claim against the plaintiff in the same small claims action.
  • SC-100: Small Claims Subpoena - This document is used to require a witness to appear in court, akin to how SC-145 requires the court's involvement for payment processing.
  • SC-200: Request for Court Order - This form is used to ask the court for specific orders, similar to how SC-145 requests the court to calculate payment amounts.
  • SC-300: Notice of Appeal - This document is filed to appeal a small claims decision, paralleling SC-145's function of addressing post-judgment actions.
  • SC-130A: Order on Court's Own Motion - This form allows the court to make an order without a hearing, similar to how SC-145 seeks a court order for payment satisfaction.
  • SC-150: Application to Waive Court Fees - This document is used to request a waiver of fees, much like SC-145 addresses financial obligations related to a judgment.
  • SC-155: Statement of Claim - This form outlines the claim being made in small claims court, similar to how SC-145 deals with the outcomes of those claims.

Dos and Don'ts

When filling out the California SC-145 form, it's important to follow certain guidelines to ensure accuracy and compliance. Here’s a list of what to do and what to avoid:

  • Do: Clearly print or type your information to enhance readability.
  • Do: Double-check the names and addresses of all parties involved for accuracy.
  • Do: Include the date the judgment was entered to avoid confusion.
  • Do: Specify the total amount you are paying, including all necessary components like principal and interest.
  • Do: Attach copies of receipts or canceled checks if you have made partial payments.
  • Don't: Leave any sections blank; incomplete forms can lead to delays.
  • Don't: Forget to sign and date the form; an unsigned form is not valid.
  • Don't: Use incorrect or outdated addresses for the court or other parties.
  • Don't: Pay by personal check if you need immediate satisfaction of judgment; this can delay processing.
  • Don't: Ignore the instructions provided on the form; they are there for a reason.

Misconceptions

Misconceptions about the California SC 145 form can lead to confusion. Here are nine common misunderstandings clarified:

  1. Paying the court is the only option. Some believe they must pay the court instead of the creditor. While the SC 145 allows payment to the court, paying the creditor directly is also permissible unless otherwise specified.
  2. Partial payments are not allowed. Many think they cannot make partial payments. The form specifically accommodates those who have already paid part of the judgment.
  3. The court calculates all fees automatically. It’s a common belief that the court will automatically calculate all costs. The debtor must provide the necessary information for the court to determine the total amount owed.
  4. Payment by personal check is instant. Some assume that paying by personal check will lead to immediate satisfaction of the judgment. In reality, satisfaction is delayed for 30 days when paying by check.
  5. All payments are processed immediately. Many people think payments are processed right away. However, processing times can vary based on the method of payment and the court's workload.
  6. There is no time limit for claiming funds. Some believe they can claim funds whenever they want. In fact, unclaimed money becomes the property of the court after three years.
  7. Judgment creditors are automatically notified. It’s a misconception that judgment creditors will be automatically informed of payments. Creditors must follow specific procedures to claim funds.
  8. The form is only for small claims. While the SC 145 is designed for small claims, it can also apply in other contexts where a court judgment is involved.
  9. Documentation is not necessary. Many think they can submit the form without supporting documents. However, attaching proof of payment is required when applicable.

Understanding these misconceptions can help individuals navigate the process more effectively and avoid potential pitfalls.

Key takeaways

Understanding the California SC-145 form is crucial for anyone involved in a small claims case. Here are key takeaways to consider:

  • Purpose of the Form: The SC-145 form allows a judgment debtor to request that payments for a judgment be made directly to the court rather than the creditor.
  • Payment Details: The form requires specific information about the judgment, including the date it was entered and the total amount owed, which encompasses principal, costs, interest, and any processing fees.
  • Partial Payments: If a debtor has already made partial payments, they must indicate this on the form and provide documentation, such as canceled checks or receipts.
  • Delays in Processing: Be aware that payments made by personal check will result in a 30-day delay for the satisfaction of judgment.
  • Claiming Funds: Judgment creditors have a limited time to claim funds paid to the court. If not claimed within three years, the funds revert to the court.

Completing the SC-145 form accurately and submitting it promptly is essential for ensuring compliance with court requirements and protecting your rights. Always keep a copy of the submitted form for your records.