Overview
Common Questions
What is the purpose of the California Laciv 198 form?
The California Laciv 198 form is primarily used to add additional names or aliases for a judgment debtor in a legal case. If a judgment has been issued against someone, and that person is known by other names, this form allows the creditor to officially recognize those names in court documents. However, it is important to note that this form cannot be used to add new judgment debtors; it is strictly for identifying existing ones.
Who should fill out the Laciv 198 form?
The form should be filled out by the judgment creditor, who is the individual or entity that has won a judgment against the debtor in court. This creditor must provide their details, including name, address, and contact information, as well as the relevant case number and the name of the judgment debtor.
What information is required on the form?
When completing the Laciv 198 form, the following information must be provided:
- The name of the judgment debtor as stated in the original judgment.
- Any additional names or aliases by which the judgment debtor is known.
- The facts that support the claim of these additional names.
Additionally, the creditor must sign the form, declaring that the information is true and correct under penalty of perjury.
How is the Laciv 198 form submitted?
Once completed, the Laciv 198 form should be submitted to the Superior Court of California, County of Los Angeles. It is advisable to file the form with the same court where the original judgment was issued. You may need to check with the court for specific submission procedures, which can vary by location.
What happens after submitting the form?
After the form is submitted, a judicial officer will review it. If approved, the court will issue an order that recognizes the additional names provided in the form. This order allows those names to be included in any writ of execution or abstract of judgment, which can help the creditor enforce the judgment more effectively.
Is there a fee associated with filing the Laciv 198 form?
There may be a filing fee associated with submitting the Laciv 198 form, depending on the court's policies. It is recommended to check with the Los Angeles Superior Court for the most current fee schedule. In some cases, fee waivers may be available for individuals who qualify based on financial need.
Document Specifications
| Fact Name | Fact Description |
|---|---|
| Form Title | The form is titled "Affidavit of Identity and Order." It is used in legal proceedings in California. |
| Governing Laws | This form is governed by California Code of Civil Procedure, sections 680.135 and 699.510 (c)(1). |
| Purpose | The form allows a judgment creditor to add new names or aliases for an existing judgment debtor. |
| Limitations | This document cannot be used to add new judgment debtors; it is solely for existing ones. |
| Judgment Creditor | The individual completing the form must be the judgment creditor in the specified case. |
| Signature Requirement | The declarant must sign the form, declaring the information to be true under penalty of perjury. |
| Judicial Officer's Role | A judicial officer must sign the form to authorize the addition of names to the judgment debtor's identification. |
| Clerk’s Stamp | A reserved space is included for the Clerk’s file stamp, indicating official filing. |
| Date Requirement | The form requires a date to be filled in, indicating when the affidavit is completed. |
| Optional Telephone Number | Providing a telephone number is optional for the attorney or party without an attorney. |
Dos and Don'ts
When filling out the California Laciv 198 form, there are important guidelines to keep in mind. Here are six things you should and shouldn't do:
- Do ensure that all names are spelled correctly. Accuracy is crucial.
- Do provide your contact information, including your name, address, and phone number.
- Do clearly state the facts that support the additional names of the judgment debtor.
- Don't attempt to add new judgment debtors; this form is only for existing ones.
- Don't leave any required fields blank. Every section must be completed.
- Don't forget to sign and date the form before submitting it. Your signature is essential for validation.
Misconceptions
- Misconception 1: The Laciv 198 form can be used to add new judgment debtors.
- Misconception 2: The form is only for attorneys.
- Misconception 3: The information provided on the form is confidential.
- Misconception 4: You must have a court date to file the form.
- Misconception 5: Completing the form guarantees that the names will be added to the judgment.
- Misconception 6: You can use the form for any type of judgment.
- Misconception 7: The form does not require a signature.
- Misconception 8: There is no deadline for filing the form.
- Misconception 9: You can submit the form electronically.
This form is specifically designed to add names or aliases of existing judgment debtors, not to introduce new debtors.
While attorneys often use this form, individuals can also file it without legal representation.
The details submitted on the Laciv 198 form become part of the public record and are not confidential.
This form can be filed without a scheduled court appearance, as it is a written request to the court.
Filing the form does not guarantee approval; it is subject to the court's review and order.
The Laciv 198 form is specifically intended for use in California and may not apply to all types of judgments.
A signature is necessary to validate the affidavit, affirming the truth of the information provided.
While there may not be a strict deadline, it is advisable to file it promptly to ensure timely updates to the judgment records.
Currently, this form typically needs to be filed in person or by mail, as electronic submission may not be available.
Documents used along the form
When dealing with legal matters in California, particularly in cases involving judgments, several forms and documents may be required alongside the California Laciv 198 form. Each of these documents serves a specific purpose and can help streamline the process. Understanding these forms can provide clarity and reassurance as you navigate the legal landscape.
- Judgment: This is the official court decision that establishes the rights of the parties involved in a case. It outlines the obligations of the judgment debtor, including any amounts owed to the judgment creditor.
- Writ of Execution: This document authorizes law enforcement to enforce the judgment. It allows for the seizure of assets or property of the judgment debtor to satisfy the debt.
- Abstract of Judgment: This is a summary of the judgment that can be recorded with the county recorder's office. It creates a lien on the judgment debtor's real property, ensuring that the creditor has a claim against any property the debtor owns.
- Notice of Judgment Lien: This document notifies interested parties that a judgment lien has been recorded against the debtor's property. It serves as a public record of the creditor's claim.
- Request for Hearing: If there are disputes regarding the enforcement of the judgment, this form can be used to request a court hearing. It allows both parties to present their arguments before a judge.
- Proof of Service: This document verifies that legal papers have been delivered to the appropriate parties. It is essential for ensuring that all parties are informed of legal actions taken against them.
- Declaration of Exemptions: This form allows the judgment debtor to claim certain assets as exempt from execution. It helps protect essential property from being seized to satisfy the judgment.
- Application for Renewal of Judgment: If a judgment is nearing expiration, this document can be filed to extend its validity. It ensures that the creditor can continue to enforce the judgment as necessary.
Each of these documents plays a vital role in the legal process surrounding judgments in California. Understanding their purposes can help you make informed decisions and take appropriate actions in your case. Always consider consulting with a qualified attorney to ensure that you are using the correct forms and following the necessary procedures.
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