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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.
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.
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.
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.
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.
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 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.
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.
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.

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