Article Guide
The California SC-145 form serves as a vital tool for individuals navigating the complexities of small claims judgments. Designed to facilitate the process of paying a judgment to the court rather than directly to the creditor, this form outlines several key components that must be addressed. First, it requires the identification of both the plaintiff and defendant, ensuring that all parties involved are clearly documented. Additionally, the form prompts the judgment debtor to specify the date the judgment was entered and to provide the name and last known address of the judgment creditor. Understanding the total amount required for satisfaction of the judgment is crucial; therefore, the form details the various components that contribute to this total, including the principal amount, any awarded costs, accrued interest, and applicable court processing fees. For those who have already made partial payments, the SC-145 allows for documentation of these amounts, emphasizing the importance of transparency in financial transactions. Furthermore, the form includes a certification section, where the judgment debtor affirms the accuracy of the information provided under penalty of perjury. This structured approach not only streamlines the payment process but also ensures that all legal requirements are met, ultimately leading to a clearer resolution for all parties involved.
Document Preview
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
REQUEST TO PAY
JUDGMENT TO COURT
(Small Claims)
Page 1 of 2
www.courtinfo.ca.gov
PLAINTIFF:
DEFENDANT:
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,
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
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) |
REQUEST TO PAY
JUDGMENT TO COURT
(Small Claims)
Page 2 of 2
Form Specifications
| Fact Name | Details |
|---|---|
| Form Purpose | The SC-145 form is used to request that a judgment payment be made to the court instead of directly to the creditor. |
| Judgment Calculation | It includes the total amount owed, which consists of the principal, costs, accrued interest, processing fees, and any other charges. |
| Partial Payments | If partial payments have been made, the form allows the debtor to indicate the amount already paid. |
| Payment Method | Payments can be made by check, money order, or cash, with specific documentation required for each method. |
| Governing Law | This form is governed by California Code of Civil Procedure, Section 116.230. |
California Sc 145: Usage Guidelines
Completing the California SC-145 form is a straightforward process that requires careful attention to detail. Once the form is filled out correctly, it will be submitted to the court for processing. Below are the steps to guide you through filling out the form.
- Identify the Court: At the top of the form, write the name and address of the court where your small claims case is filed.
- Enter Case Number: Fill in the small claims case number in the designated space.
- List Plaintiffs and Defendants: Provide the names and addresses of each plaintiff and defendant involved in the case. If there are additional parties, use the attached sheet.
- Request Payment to Court: Indicate that you wish to pay the judgment to the court instead of directly to the creditor by checking the appropriate box.
- Judgment Date: Specify the date when the judgment was entered.
- Judgment Creditor Information: Fill in the full name and last known address of the judgment creditor (the person or business you owe money to).
- Payment Breakdown: Acknowledge the total amount needed to satisfy the judgment, including the principal, costs, interest, processing fees, and any additional charges. The court will calculate the total for you.
- Partial Payments: If you have already made a partial payment, indicate the amount paid and check the appropriate box for the payment method (check, money order, or cash). Attach the necessary documentation, such as a copy of the canceled check or cash receipt.
- Understand Payment Delay: Note that if you pay by personal check, the satisfaction of judgment will be delayed by 30 days.
- Request Total Calculation: Request the court to calculate the total amount required for satisfaction of judgment and to enter it once the total is paid.
- Sign and Date: At the bottom of the form, type or print your name, sign, and date the document. This confirms the accuracy of the information provided under penalty of perjury.
After completing the form, make sure to keep a copy for your records. Submit the SC-145 form to the court, and await further instructions regarding the payment process and any additional steps you may need to take.
Your Questions, Answered
What is the purpose of the California SC-145 form?
The California SC-145 form is used to request that a judgment debtor pays a court-ordered judgment amount directly to the court instead of the creditor. This form helps to simplify the payment process and ensures that the court can properly track the payments made towards the judgment.
Who should fill out the SC-145 form?
The judgment debtor, or the person ordered by the court to pay a judgment, should fill out the SC-145 form. This includes providing necessary information about the judgment, the creditor, and any payments already made.
What information is required on the SC-145 form?
The form requires several pieces of information, including the date the judgment was entered, the name and address of the judgment creditor, and the total amount required to satisfy the judgment. Additionally, if any partial payments have been made, details about those payments must be included.
How is the total amount to be paid calculated?
The total amount required to satisfy the judgment includes the principal amount ordered by the court, any costs awarded, accrued interest, the court's processing fee, and any other charges added to the judgment. The court will calculate this total based on the information provided in the form.
What happens if I have already made partial payments?
If you have made partial payments towards the judgment, you must indicate this on the SC-145 form. You will need to specify the amount paid and provide proof of payment, such as a copy of a canceled check or a signed cash receipt.
What is the significance of paying by personal check?
When paying by personal check, it is important to note that the satisfaction of judgment may be delayed for 30 days. This delay is due to the time it takes for the check to clear the bank.
What should I do after submitting the SC-145 form?
After submitting the SC-145 form and making the payment to the court, you should keep a copy of the form and any payment receipts for your records. The court will then process the payment and update the status of the judgment accordingly.
What happens if the judgment is fully satisfied?
If the judgment is fully satisfied, the court will enter a satisfaction of judgment. This means that the debtor has met their obligation, and the creditor can no longer pursue the debt. The creditor will be notified of the payment, and they can claim the funds from the court if necessary.
What if the judgment is not satisfied?
If the judgment is not satisfied as requested, the court will provide a reason for the denial. It is crucial to address any issues raised by the court to ensure compliance with the judgment requirements.
Common mistakes
-
Neglecting to Include Complete Names and Addresses: One common mistake is failing to provide full names and accurate addresses for both the plaintiff and defendant. It’s essential to ensure that all parties are correctly identified to avoid delays or complications.
-
Incorrect Judgment Amount: Some individuals make errors in calculating the total amount due. Be sure to include the principal amount, any awarded costs, accrued interest, and processing fees. Double-check these figures to ensure accuracy.
-
Missing Required Signatures: Failing to sign the form can lead to rejection. Always remember to sign and date the document before submission.
-
Not Providing Proof of Payment: If you have made partial payments, it’s crucial to attach the necessary documentation. This includes copies of canceled checks or receipts. Omitting this information can complicate the process.
-
Ignoring the 30-Day Delay for Personal Checks: Many people overlook the fact that payments made by personal check will delay the satisfaction of judgment for 30 days. This can lead to misunderstandings about when the judgment is considered satisfied.
-
Failing to Check for Additional Charges: Some individuals forget to account for other charges that may have been added by the court. Review the form carefully to ensure that all potential fees are included in your calculations.
-
Not Requesting the Court to Calculate the Total: It’s important to request the court to calculate the total amount required for satisfaction. Many people assume they know the total, but it’s best to let the court handle this calculation to avoid errors.
-
Overlooking the Certification Requirement: Lastly, individuals sometimes forget to certify that the document is a true and correct copy. This certification is necessary for the court to accept the form.
Documents used along the form
The California SC-145 form is an important document used in small claims cases, specifically for requesting to pay a judgment to the court rather than directly to the creditor. When dealing with such matters, there are several other forms and documents that may be necessary to ensure a smooth process. Below is a list of commonly used forms that often accompany the SC-145.
- SC-100: Plaintiff's Claim and Order to Go to Small Claims Court - This form initiates a small claims case. It outlines the claim being made by the plaintiff and sets the date for the hearing.
- SC-120: Defendant's Claim and Order to Go to Small Claims Court - If the defendant wishes to make a counterclaim against the plaintiff, this form is used. It allows the defendant to present their side of the case.
- SC-130: Notice of Appeal - Should a party wish to appeal the judgment made in small claims court, this form is used to formally notify the court of the intent to appeal.
- SC-135: Request to Cancel or Change Small Claims Hearing - If a party needs to reschedule or cancel a hearing, this form serves as a request to the court for that change.
- SC-140: Proof of Service - This document provides evidence that the necessary parties have been properly notified about the small claims action, ensuring that all parties are aware of the proceedings.
- SC-145A: Judgment Creditor's Request for Funds - After the judgment has been satisfied, this form is used by the creditor to request the funds from the court that have been paid by the debtor.
- SC-150: Small Claims Court Judgment - This is the official judgment document that outlines the court's decision and the amount owed by the debtor.
Understanding these forms can help streamline the small claims process. Each document plays a vital role in ensuring that all parties are informed and that the legal requirements are met. If you have any questions about these forms or the process, it is advisable to seek assistance to navigate through it effectively.
Similar forms
The California SC-145 form, which is used for requesting to pay a judgment to the court, has similarities with several other legal documents. Each of these documents serves a specific purpose within the legal system. Below is a list of documents that share characteristics with the SC-145 form:
- SC-130: Plaintiff's Claim and Order to Go to Small Claims Court - This form initiates a small claims case, outlining the claim and the parties involved, similar to how the SC-145 addresses judgment payments.
- SC-140: Defendant's Claim and Order to Go to Small Claims Court - This document allows a defendant to respond to a plaintiff's claim, paralleling the SC-145 in terms of addressing disputes between parties.
- SC-135: Notice of Entry of Judgment - This form notifies parties of a judgment entered in a case, akin to the SC-145's focus on payment following a judgment.
- SC-150: Request to Cancel a Small Claims Judgment - This form requests the cancellation of a judgment, which relates to the SC-145's process of managing judgments.
- SC-200: Application for Waiver of Court Fees - This document requests a waiver for court fees, similar to the financial considerations outlined in the SC-145.
- SC-161: Judgment Creditor's Request for Funds - This form allows a creditor to request funds from the court after a judgment is satisfied, directly related to the SC-145's payment process.
- SC-165: Request for Court Order - This document seeks a court order for various requests, similar to how the SC-145 requests the court to calculate judgment payments.
- SC-175: Notice of Appeal - This form is used to appeal a small claims judgment, which connects to the SC-145 in terms of addressing the outcomes of judgments.
Dos and Don'ts
When filling out the California SC-145 form, it is crucial to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.
- Do provide complete and accurate names and addresses for all parties involved.
- Do specify the date the judgment was entered clearly.
- Do calculate the total amount owed carefully, including all relevant costs and fees.
- Do attach any necessary documentation, such as receipts or copies of checks.
- Don't leave any sections blank; ensure all required fields are filled out.
- Don't submit the form without verifying all information for accuracy.
- Don't ignore the instructions regarding payment methods and their implications.
- Don't forget to sign and date the form before submission.
Misconceptions
Understanding the California SC-145 form is essential for anyone involved in a small claims case. However, there are several misconceptions that can lead to confusion. Here’s a list of ten common misunderstandings about this form:
- Paying the Court Means No Further Action is Needed: Some believe that once they pay the judgment to the court, they are done. In reality, the court must process the payment and enter a satisfaction of judgment.
- All Payments Are Processed Immediately: Many think that payments are processed right away. However, if you pay by personal check, the satisfaction of judgment may be delayed for up to 30 days.
- The Court Calculates the Total Automatically: It’s a common belief that the court will automatically calculate the total amount owed. While the court does assist, it’s the responsibility of the debtor to provide accurate information.
- Partial Payments Are Not Allowed: Some assume that they must pay the entire judgment at once. In fact, the form allows for partial payments, provided that you document what has already been paid.
- Judgment Creditors Can Claim Funds Immediately: Many think that once the payment is made, judgment creditors can claim the funds right away. However, they must follow specific procedures to claim the money.
- There Are No Fees Involved: Some individuals believe that there are no additional fees when paying through the court. In reality, processing fees and other charges may apply.
- The Form is Optional: A misconception exists that using the SC-145 form is optional. In fact, it is mandatory for those wishing to pay their judgment to the court.
- All Information is Confidential: Many assume that the information on the SC-145 form is confidential. However, it becomes part of the public record once filed with the court.
- Judgment Satisfaction is Automatic: Some believe that satisfaction of judgment is granted automatically upon payment. The court must officially enter this satisfaction after processing the payment.
- Payments Can Be Made in Any Form: Lastly, there is a belief that any form of payment is acceptable. The form specifies acceptable methods, and not all forms of payment are recognized.
Clearing up these misconceptions can help individuals navigate the small claims process more effectively. Always ensure you have the correct information and seek guidance if you’re unsure about any steps.
Key takeaways
Filling out and using the California SC-145 form involves several important steps and considerations. Below are key takeaways that can help ensure the process is completed correctly.
- Purpose of the Form: The SC-145 form is used to request that a judgment be paid to the court instead of directly to the creditor.
- Judgment Details: It is essential to provide accurate details about the judgment, including the date it was entered and the name and address of the judgment creditor.
- Total Payment Calculation: The form requires a comprehensive calculation of the total amount owed, which includes principal, costs, interest, and any processing fees.
- Partial Payments: If partial payments have already been made, the form allows for documentation of these payments, including attaching relevant receipts.
- Payment Method: Be aware that payments made by personal check may delay the satisfaction of judgment for 30 days.
- Claiming Funds: After payment, the judgment creditor must take action to claim the funds from the court within three years; otherwise, the money will revert to the court.
These takeaways highlight the critical aspects of the SC-145 form, ensuring that both judgment debtors and creditors understand their responsibilities and the necessary steps to complete the process effectively.