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You cannot appeal this kind of judgment and have a new trial until you \u201cvacate the default judgment\u201d, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
How do I vacate a conviction in California?
The California appeals process allows a person to appeal the court's denial of his/her Motion to Vacate Judgment. If the judge denied a motion based on a legal error, or abused his/her discretion in doing so, the California Court of Appeal may reverse the decision and allow a defendant to withdraw his/her plea.
How do you serve a city in California?
There are three ways to serve a claim: [A.] service by the Sheriff from a courthouse near where the defendant lives or works, [B.] hire a registered process server, or [C.] having a friend or family member over the age of eighteen provide the service.
What kind of damages can you sue for in small claims court?
Typical claims in the small claims court include: Pursuing unpaid invoices. Breach of contract claims. Sale of goods and services disputes. Claims for unpaid rent. Building disputes. Professional negligence claims.
How do you serve a sc100?
Where the buyer lives; Certified mail\u2014You may ask the clerk of the court to serve the defendant by certified mail. The clerk will charge a fee. You should check back with the court before the hearing to see if the receipt for certified mail was returned to the court.
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Use the form called Notice of Motion to Vacate Judgment and Declaration (SC -135) to say why you did not go to the hearing. You have to pay a filing fee. If you are unable to pay the filing fee, you may apply to the court to have the fees waived. File your documents at the court where the case was filed.
How do I take someone to small claims court in California?
You can have your claim form (Form SC-100) served in the following ways: Certified mail by court clerk - The court clerk may serve the claim form on the defendant by certified mail and restricted delivery, and charge you a fee of $10 for each defendant.
How do I file a SC 135 form?
How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
What is a form SC 150?
Form SC 150 is a form for legally changing your name. You will need to fill out this form if you want to change your last name.
How do I take someone to small claims court in California?
Go to your county clerk's office and let them know you'd like to file a small claim. The clerk's office will give you paperwork to fill out with basic information for your case: your name (the plaintiff), the name of the person or business you're suing (the defendant) and the amount you're asking for.
Related links
SC 100 Plaintiff's Claim And ORDER To Go Small Claims Court ...
SC-100 Plaintiff's Claim and ORDER to Go to Small Claims Court Clerk stamps date here when form is filed. Notice to the person being sued: • You are the ...
(PDF) SC-100 Plaintiff's Claim and ORDER to Go to Small ...
Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. SC-100 to Go to Small Claims Court Notice to the person being sued: • You are the ...
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