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Common Questions

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 court-ordered judgment amount directly to the court instead of the creditor. This process allows the court to handle the payment and ensure that all financial obligations are properly recorded and satisfied.

Who should complete the SC 145 form?

The SC 145 form should be completed by the judgment debtor, the individual or entity that has been ordered to pay a judgment. This form is specifically designed for small claims cases in California.

What information is required on the SC 145 form?

The form requires several pieces of information, including:

  • The name and address of the court.
  • The small claims case number.
  • The names and addresses of both the plaintiff and defendant.
  • The date the judgment was entered.
  • The name and address of the judgment creditor.
  • The total amount to be paid, including principal, costs, interest, and any processing fees.

What if I have already made partial payments on the judgment?

If you have already paid part of the judgment, you must indicate the amount paid on the SC 145 form. You will also need to provide proof of payment, such as a copy of a canceled check or a signed cash receipt.

How does payment by check affect the satisfaction of judgment?

If payment is made by personal check, the satisfaction of judgment will be delayed for 30 days. This delay allows time for the check to clear before the court officially recognizes the judgment as satisfied.

What happens after I submit the SC 145 form?

Once the SC 145 form is submitted, the court will calculate the total amount required to satisfy the judgment. After the debtor pays this total amount, the court will enter a satisfaction of judgment, indicating that the debt has been fulfilled.

What should I do if I am the judgment creditor?

If you are the judgment creditor, you will receive a notice from the court once the judgment debtor has made the payment. You can claim the funds by either presenting the notice in person to the court clerk or mailing it to the court. Be aware that unclaimed funds will become the property of the court after three years.

Is there a fee associated with filing the SC 145 form?

There may be a processing fee associated with the payment made through the court, but the SC 145 form itself does not typically require a separate filing fee. It is advisable to check with the specific court for any additional charges that may apply.

Where can I obtain the SC 145 form?

The SC 145 form can be obtained from the California courts' official website or directly from the small claims court where your case is filed. It is important to ensure that you are using the most current version of the form.

Document Specifications

Fact Name Fact Description
Form Purpose The SC-145 form allows a judgment debtor to request that payment of a judgment be made to the court instead of the creditor.
Governing Law This form is governed by California Code of Civil Procedure Section 116.810.
Judgment Entry Date The form requires the debtor to specify the date the judgment was entered.
Payment Breakdown The debtor must understand the total payment includes principal, costs, interest, processing fees, and other charges.
Partial Payments If a debtor has already made partial payments, they must indicate the amount paid and the method of payment.
Personal Check Delay Payments made by personal check may delay satisfaction of judgment for 30 days.
Certification Requirement The debtor must declare under penalty of perjury that the information provided is accurate.
Clerk's Role The court clerk is responsible for certifying the document and mailing notices to the judgment creditor.
Claiming Funds Judgment creditors must claim any funds within three years; otherwise, the money becomes property of the court.

Dos and Don'ts

When filling out the California SC 145 form, it is important to follow certain guidelines to ensure that your submission is correct and complete. Here are some things you should and shouldn't do:

  • Do read the entire form carefully before filling it out.
  • Do provide accurate information for both the plaintiff and defendant.
  • Do include all necessary attachments, such as proof of payment.
  • Do check your calculations for the total amount owed.
  • Do sign and date the form before submitting it.
  • Don't leave any sections blank unless instructed otherwise.
  • Don't submit the form without double-checking for errors.
  • Don't forget to keep a copy of the completed form for your records.
  • Don't pay by personal check if you need immediate processing; consider other payment methods.

Misconceptions

Understanding the California SC-145 form is crucial for anyone involved in a small claims case. However, several misconceptions can lead to confusion. Here are six common misunderstandings:

  • Misconception 1: You must pay the judgment directly to the creditor.
  • Many people think they have to pay the creditor directly. However, the SC-145 form allows you to request that the payment be made to the court instead.

  • Misconception 2: You can ignore the total amount due.
  • Some individuals believe they can just pay any amount they choose. It's important to understand that you need to pay the total amount, which includes principal, costs, interest, and any processing fees.

  • Misconception 3: Partial payments are not recognized.
  • People often think that if they make a partial payment, it won't count. The SC-145 form allows you to report any partial payments you've already made, which can help reduce the total amount owed.

  • Misconception 4: Paying by check guarantees immediate satisfaction of judgment.
  • Some believe that paying by personal check will result in immediate satisfaction of the judgment. In reality, satisfaction is delayed for 30 days when paying by check.

  • Misconception 5: The court automatically calculates the total amount due.
  • There is a common belief that the court will handle all calculations. While the court provides guidance, it’s ultimately your responsibility to ensure you understand the total amount required for satisfaction.

  • Misconception 6: Money not claimed within a year is lost.
  • Many think they will lose their money if they don't claim it quickly. In fact, money not claimed within three years becomes the property of the court, not lost immediately.

Documents used along the form

The California SC-145 form, known as the Request to Pay Judgment to Court, is a crucial document for individuals involved in small claims cases. It allows a judgment debtor to pay their owed amount directly to the court rather than the creditor. This process can provide an added layer of security and transparency for all parties involved. However, there are several other forms and documents that often accompany the SC-145 to ensure a smooth transaction and proper record-keeping.

  • 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. It includes details about the dispute and sets the stage for the court hearing.
  • SC-120: Defendant's Claim and Order to Go to Small Claims Court - If the defendant wishes to counterclaim against the plaintiff, this form is used. It provides a structured way to present their side of the story and any claims they may have against the plaintiff.
  • SC-130: Notice of Appeal - Should either party wish to appeal the small claims court decision, this form is essential. It formally notifies the court of the intent to appeal and initiates the appellate process.
  • SC-150: Request for Court Order - This document is used when a party needs to request a specific order from the court, such as enforcement of a judgment or other related matters. It helps clarify what the party is asking for and why.
  • SC-200: Judgment - This form is used to document the final decision made by the court regarding the small claims case. It outlines the judgment amount and any other orders the court has made.
  • SC-205: Satisfaction of Judgment - Once a judgment has been paid in full, this form serves as proof that the debt has been satisfied. It is essential for both parties to have this document to avoid future disputes regarding the judgment status.

Understanding these additional forms can help individuals navigate the small claims process more effectively. Each document plays a vital role in ensuring that all parties are informed and that the legal process runs smoothly. Whether you are a plaintiff, defendant, or a judgment creditor, being familiar with these forms can empower you to handle your case with confidence.