The California SC 223 form is a legal document used to declare a default in payment of a small claims judgment. When a judgment debtor fails to make the payments as ordered by the court, the creditor can file this form to request that the full balance of the judgment becomes due and collectible. If you need to fill out the SC 223 form, click the button below to get started.
The California SC-223 form, officially known as the Declaration of Default in Payment of Judgment, serves a crucial function in the small claims process. This form is designed for use by a judgment creditor when a judgment debtor fails to make the required payments as ordered by the court. By filling out this form, the creditor can request that the court declare the entire remaining balance of the judgment due and collectible. The form requires specific information, including details about the judgment debtor, the payment history, and any interest calculations related to the unpaid balance. It's important to note that the judgment debtor has the right to respond to this declaration within ten days, potentially disputing the claims made by the creditor. The SC-223 form not only facilitates the enforcement of small claims judgments but also ensures that both parties are informed of their rights and obligations throughout the process. Understanding how to properly complete and file this form can significantly impact the outcome of a small claims case.
SC-223
Declaration of Default
Clerk stamps here when form is filed.
in Payment of Judgment
Important: Read the other side before you fill out this form or if it was mailed to you. If you are the judgment debtor named in and you disagree with this Declaration of Default in Payment of Judgment, you may file Response to Declaration of Default in Payment of Judgment (Form SC-224) within 10 days after the declaration was mailed to you.
I am asking the court to order that the remaining balance of a small claims judgment is now due and collectible because payments were not made as the court ordered.
My name is:
Fill in the court name and street address:
Mailing address:
Superior Court of California, County of
Phone:
E-mail (optional):
The judgment debtor who has not made payments as the court ordered is (complete a separate form for each judgment debtor who has not paid as ordered):
Name:
Fill in your case number and case name:
Case Number:
Case Name:
On (date):
the court ordered that the judgment debtor named in
must pay me, or someone who assigned the judgment to me, principal,
prejudgment interest, and costs in the total amount of $
.
On (date): the court ordered that the judgment debtor named in may pay the judgment described
in as follows:
a. Payments of $ starting (date):
b. Other payment schedule (specify):
The payments listed below, and no others, have been made on the judgment described in .
Check here if there is not enough space below. List the date and amount of each payment on a separate page and write “SC-223, Item 5” at the top.
Date
Amount
The total amount of the payments that have been made on the judgment described in is $
,
and the balance due, without adding any interest after the judgment, is $
I request interest on the judgment, in the amount of $
, calculated as follows:
Check here if there is not enough space below. Explain how you calculated interest on a separate page and write “SC-223, Item 7” at the top.
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date:
Type or print your nameSign here
Judicial Council of California, www.courts.ca.gov
SC-223, Page 1 of 2
New July 1, 2013, Optional Form
Code of Civil Procedure, § 116.620;
Cal. Rules of Court, rule 3.2107
(Small Claims)
Default in Payments on Small Claims Judgment
General Information
If the court ordered that another plaintiff or defendant (judgment debtor) may pay a small claims judgment in payments, and that judgment debtor has not made the payments as ordered, you can ask the court to order that the full balance of the judgment is due and collectible. Here’s how:
•Read this form.
•Fill out page 1 of Form SC-223, Declaration of Default in Payment of Judgment. Fill out a separate form for each judgment debtor who did not make payments as ordered.
•File your completed form(s) with the small claims court clerk.
The court will mail all other plaintiffs and defendants in the case copies of the Declaration and a blank Form SC-224, Response to Declaration of Default in Payment of Judgment.
The judgment debtor will have 10 days to file a Response. Then the court will mail all plaintiffs and defendants in the case:
•A decision, or
•A notice to go to a hearing.
If the court ordered that you may make payments on a judgment, and another plaintiff, defendant, or person to whom the judgment has been assigned (judgment creditor) has filed Form SC-223, Declaration of Default in Payment of Judgment, asking the court to order that the full balance is now due and collectible because you did not make the payments:
•Read this form and the Declaration.
•If you agree with the court ordering that the amounts claimed in the Declaration are now due in full, you do not need to do anything.
•If you do not agree with the Declaration or with the court ordering that the amounts it claims are now due in full, file a Response within 10 calendar days after the court clerk mailed the Declaration to you. (This date is on the Clerk’s Certificate of Mailing.)
To file your Response:
•Fill out Form SC-224, Response to Declaration of Default in Payment of Judgment.
•Have your Response served on the judgment creditor and all other plaintiffs and defendants in your case. (See Form SC-112A, Proof of Service by Mail.)
•File your Response and Proof of Service with the small claims court clerk.
Answers to Common Questions
When is the judgment due?
Unless the court orders otherwise, small claims judgments are due immediately. If the judgment is not paid in full within 30 days, the judgment creditor (person to whom the money is owed) can take legal steps to collect any unpaid amount. (Collection may be postponed if an appeal or a request to vacate (cancel) or correct the judgment is filed.)
When can the judgment debtor make payments? A plaintiff or defendant who was ordered to pay a small claims judgment (judgment debtor) can ask the court for permission to make payments. If the court agrees, the plaintiff or defendant who is owed money (the judgment creditor) cannot take any other steps to collect the money as long as the payments are made on time. If payments are not made on time, the judgment creditor can ask the court to order that the remaining balance of the judgment is due and collectible.
Is interest added after the judgment?
Interest (10 percent per year) is usually added to the unpaid amount of the judgment from the date the judgment is entered until it is paid in full. Interest can only be charged on the unpaid amount of the judgment (the
principal); interest cannot be charged on any unpaid interest. If a partial payment is received, the money is applied first to unpaid interest and then to unpaid principal.
When the court allows payments, the court often does not order any interest, as long as all payments are made in full and on time. Unless the judgment creditor asks for interest to be included in the order allowing payments, the judgment creditor may lose any claims for interest. But if the judgment debtor does not make full payments on time, interest on the missed payment or the entire unpaid balance might become due and collectible.
How do I calculate interest?
If you are asking for interest or disagreeing with a request for interest, you need to explain your interest calculation. Interest, at the rate of 10 percent per year (.0274 percent per day), may be added to the full unpaid balance of the judgment or only to payments that were not made on time. To calculate interest, show the unpaid principal balance, the dates and number of days you want the court to allow interest on that amount, and the total interest for that period. If payments were made, you will need to make separate calculations for the reduced principal balance after each payment.
Need help?
For free help, contact your county’s small claims advisor:
[local info here]
Or go to www.courts.ca.gov/smallclaims/advisor
New July 1, 2013
Declaration of Default in Payment of Judgment
SC-223, Page 2 of 2
Completing the California SC-223 form involves providing specific information about a small claims judgment that has not been paid as ordered. After filling out this form, it will be submitted to the small claims court, which will then process it and notify the involved parties about the next steps.
What is the purpose of the California SC-223 form?
The California SC-223 form, known as the Declaration of Default in Payment of Judgment, is used by a judgment creditor to request the court to declare that the remaining balance of a small claims judgment is due and collectible. This typically occurs when the judgment debtor has failed to make the payments as ordered by the court. By filing this form, the creditor can initiate legal proceedings to collect the outstanding amount.
How do I fill out the SC-223 form?
To fill out the SC-223 form, you need to provide specific information, including your name, the court's name and address, and details about the judgment debtor. You'll also need to include the case number and case name, the total amount ordered by the court, and a record of any payments that have been made. If there is not enough space on the form, you can attach additional pages, clearly labeled with "SC-223, Item 5" or "SC-223, Item 7" as needed.
What happens after I file the SC-223 form?
Once you file the SC-223 form with the small claims court clerk, the court will notify all parties involved in the case. They will receive copies of the Declaration and a blank Response form (SC-224). The judgment debtor then has 10 days to respond to the Declaration. Depending on the situation, the court may issue a decision or schedule a hearing regarding the matter.
Can a judgment debtor make payments after a judgment is entered?
Yes, a judgment debtor can request permission from the court to make payments on the judgment. If the court grants this request, the judgment creditor cannot take further collection actions as long as the debtor makes timely payments. However, if the debtor fails to make payments on time, the creditor can file the SC-223 form to have the full balance declared due and collectible.
Is interest charged on the unpaid judgment amount?
Interest is typically added to the unpaid amount of a judgment at a rate of 10 percent per year. This interest accrues from the date the judgment is entered until it is fully paid. It's important to note that interest can only be charged on the principal amount and not on any previously accrued interest. If payments are made, they are first applied to any unpaid interest before being applied to the principal amount.
How can I calculate the interest on a judgment?
To calculate interest, you need to determine the unpaid principal balance and the duration for which you are requesting interest. The interest rate is 10 percent per year, which translates to approximately 0.0274 percent per day. You should detail the dates, the number of days interest is applicable, and the total interest amount for that period. If payments have been made, separate calculations for the reduced principal balance after each payment will be necessary.
Filling out the California SC-223 form can be a straightforward process, but many people make common mistakes that can lead to delays or complications. One frequent error is failing to provide complete information. When filling out the form, it’s crucial to include all required details, such as the names of the judgment debtor and creditor, as well as the correct case number. Incomplete forms may be returned, causing unnecessary setbacks.
Another mistake often made is neglecting to sign and date the form. This may seem minor, but without a signature, the court cannot process the request. It’s essential to remember that the declaration is a legal document, and a signature indicates that the information provided is true and correct. Forgetting this step can lead to a rejection of the filing.
Many individuals also miscalculate the total amount due. Accurately totaling the payments made and the remaining balance is vital. Errors in these calculations can mislead the court and may affect the outcome of the case. Double-checking these figures before submission can save time and trouble later on.
Some people fail to provide a clear explanation of how interest was calculated. If you are requesting interest on the judgment, you must detail how you arrived at that figure. A lack of clarity can lead to confusion and may result in the court denying the request for interest.
Another common oversight is not checking the space provided for listing payments. If the space is insufficient, it’s important to note that additional information can be provided on a separate page. Failing to do so can lead to incomplete documentation, which may hinder the process.
Additionally, individuals often overlook the requirement to file a separate SC-223 form for each judgment debtor who has not made payments. Submitting one form for multiple debtors can complicate matters and may lead to delays in the court's response.
People also sometimes forget to include their contact information, such as a phone number or email address. Providing this information is crucial for the court to reach you if they need clarification or additional details regarding your submission.
Another mistake is not reading the instructions on the back of the form before filling it out. These instructions contain important information that can help avoid errors. Taking the time to review them can prevent common pitfalls.
Lastly, individuals may miss the deadline for filing the form. It’s essential to be aware of the timeline for submitting the SC-223 after a payment has been missed. If the form is not filed within the designated timeframe, the request may be denied, and the opportunity to collect the debt could be lost.
By being mindful of these common mistakes, individuals can ensure a smoother experience when filing the California SC-223 form. Taking the time to double-check information and follow the guidelines can lead to a more favorable outcome in the collection process.
When dealing with small claims judgments in California, several forms and documents often accompany the California SC-223 form. Each of these documents serves a specific purpose in the process of managing judgments and payments. Understanding these forms can help streamline communication with the court and ensure compliance with legal requirements.
Each of these forms plays a critical role in the small claims process, whether you are seeking to enforce a judgment, respond to a declaration, or appeal a decision. Familiarity with these documents can aid in navigating the legal landscape effectively.
The California SC 223 form is used to declare a default in payment of a small claims judgment. Several other documents serve similar purposes in the realm of small claims and debt collection. Here’s a list of six documents that share similarities with the SC 223 form:
When filling out the California SC-223 form, it’s essential to be careful and thorough. Here are five things you should and shouldn't do to ensure your form is completed correctly.
This form is specifically designed for small claims judgments. It applies only to situations where a court has ordered a debtor to make payments related to a small claims case. Using it for other types of debts could lead to complications.
In reality, the debtor has only 10 days to file a response after receiving the SC-223. If they disagree with the declaration, they must act quickly to protect their interests.
Interest is typically added at a rate of 10 percent per year on the unpaid amount from the date the judgment is entered. However, if a payment plan is in place and payments are made on time, interest may not be charged.
While the creditor initiates the process, the debtor also has the right to respond by filing a Form SC-224 if they disagree with the declaration. This ensures that both parties have a chance to present their case.
Filing the SC-223 is a step toward collection, but it does not guarantee payment. The court will review the case and may issue a decision or schedule a hearing, which means further action may be needed to collect the debt.
Filling out and using the California SC-223 form is a critical step in managing small claims judgments. Here are some key takeaways to keep in mind:
By keeping these points in mind, you can navigate the process more effectively and ensure that your rights as a judgment creditor are protected.