The California SC-223 form is a legal document used to declare a default in the payment of a small claims judgment. When a judgment debtor fails to make the payments as ordered by the court, the judgment creditor can request that the remaining balance becomes due and collectible. If you find yourself in this situation, take the next step by filling out the form below.
The California SC-223 form is a crucial document for those involved in small claims judgments where payments have not been made as ordered by the court. This form allows a judgment creditor to declare that the remaining balance of a judgment is now due and collectible. It requires the creditor to provide specific details, including the name of the judgment debtor, case number, and the amount owed. The form also outlines the payment history and requests interest on the unpaid balance. If the judgment debtor disagrees with the declaration, they have the right to respond within ten days by filing Form SC-224. The SC-223 form serves as a formal request to the court, which may lead to a decision or a hearing regarding the outstanding payment. Understanding the process and requirements of this form is essential for both creditors seeking to enforce their judgments and debtors wanting to protect their rights.
SC-223
Declaration of Default
Clerk stamps here when form is filed.
in Payment of Judgment
Important: Read the other side before you fill out this form or if it was mailed to you. If you are the judgment debtor named in and you disagree with this Declaration of Default in Payment of Judgment, you may file Response to Declaration of Default in Payment of Judgment (Form SC-224) within 10 days after the declaration was mailed to you.
I am asking the court to order that the remaining balance of a small claims judgment is now due and collectible because payments were not made as the court ordered.
My name is:
Fill in the court name and street address:
Mailing address:
Superior Court of California, County of
Phone:
E-mail (optional):
The judgment debtor who has not made payments as the court ordered is (complete a separate form for each judgment debtor who has not paid as ordered):
Name:
Fill in your case number and case name:
Case Number:
Case Name:
On (date):
the court ordered that the judgment debtor named in
must pay me, or someone who assigned the judgment to me, principal,
prejudgment interest, and costs in the total amount of $
.
On (date): the court ordered that the judgment debtor named in may pay the judgment described
in as follows:
a. Payments of $ starting (date):
b. Other payment schedule (specify):
The payments listed below, and no others, have been made on the judgment described in .
Check here if there is not enough space below. List the date and amount of each payment on a separate page and write “SC-223, Item 5” at the top.
Date
Amount
The total amount of the payments that have been made on the judgment described in is $
,
and the balance due, without adding any interest after the judgment, is $
I request interest on the judgment, in the amount of $
, calculated as follows:
Check here if there is not enough space below. Explain how you calculated interest on a separate page and write “SC-223, Item 7” at the top.
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date:
Type or print your nameSign here
Judicial Council of California, www.courts.ca.gov
SC-223, Page 1 of 2
New July 1, 2013, Optional Form
Code of Civil Procedure, § 116.620;
Cal. Rules of Court, rule 3.2107
(Small Claims)
Default in Payments on Small Claims Judgment
General Information
If the court ordered that another plaintiff or defendant (judgment debtor) may pay a small claims judgment in payments, and that judgment debtor has not made the payments as ordered, you can ask the court to order that the full balance of the judgment is due and collectible. Here’s how:
•Read this form.
•Fill out page 1 of Form SC-223, Declaration of Default in Payment of Judgment. Fill out a separate form for each judgment debtor who did not make payments as ordered.
•File your completed form(s) with the small claims court clerk.
The court will mail all other plaintiffs and defendants in the case copies of the Declaration and a blank Form SC-224, Response to Declaration of Default in Payment of Judgment.
The judgment debtor will have 10 days to file a Response. Then the court will mail all plaintiffs and defendants in the case:
•A decision, or
•A notice to go to a hearing.
If the court ordered that you may make payments on a judgment, and another plaintiff, defendant, or person to whom the judgment has been assigned (judgment creditor) has filed Form SC-223, Declaration of Default in Payment of Judgment, asking the court to order that the full balance is now due and collectible because you did not make the payments:
•Read this form and the Declaration.
•If you agree with the court ordering that the amounts claimed in the Declaration are now due in full, you do not need to do anything.
•If you do not agree with the Declaration or with the court ordering that the amounts it claims are now due in full, file a Response within 10 calendar days after the court clerk mailed the Declaration to you. (This date is on the Clerk’s Certificate of Mailing.)
To file your Response:
•Fill out Form SC-224, Response to Declaration of Default in Payment of Judgment.
•Have your Response served on the judgment creditor and all other plaintiffs and defendants in your case. (See Form SC-112A, Proof of Service by Mail.)
•File your Response and Proof of Service with the small claims court clerk.
Answers to Common Questions
When is the judgment due?
Unless the court orders otherwise, small claims judgments are due immediately. If the judgment is not paid in full within 30 days, the judgment creditor (person to whom the money is owed) can take legal steps to collect any unpaid amount. (Collection may be postponed if an appeal or a request to vacate (cancel) or correct the judgment is filed.)
When can the judgment debtor make payments? A plaintiff or defendant who was ordered to pay a small claims judgment (judgment debtor) can ask the court for permission to make payments. If the court agrees, the plaintiff or defendant who is owed money (the judgment creditor) cannot take any other steps to collect the money as long as the payments are made on time. If payments are not made on time, the judgment creditor can ask the court to order that the remaining balance of the judgment is due and collectible.
Is interest added after the judgment?
Interest (10 percent per year) is usually added to the unpaid amount of the judgment from the date the judgment is entered until it is paid in full. Interest can only be charged on the unpaid amount of the judgment (the
principal); interest cannot be charged on any unpaid interest. If a partial payment is received, the money is applied first to unpaid interest and then to unpaid principal.
When the court allows payments, the court often does not order any interest, as long as all payments are made in full and on time. Unless the judgment creditor asks for interest to be included in the order allowing payments, the judgment creditor may lose any claims for interest. But if the judgment debtor does not make full payments on time, interest on the missed payment or the entire unpaid balance might become due and collectible.
How do I calculate interest?
If you are asking for interest or disagreeing with a request for interest, you need to explain your interest calculation. Interest, at the rate of 10 percent per year (.0274 percent per day), may be added to the full unpaid balance of the judgment or only to payments that were not made on time. To calculate interest, show the unpaid principal balance, the dates and number of days you want the court to allow interest on that amount, and the total interest for that period. If payments were made, you will need to make separate calculations for the reduced principal balance after each payment.
Need help?
For free help, contact your county’s small claims advisor:
[local info here]
Or go to www.courts.ca.gov/smallclaims/advisor
New July 1, 2013
Declaration of Default in Payment of Judgment
SC-223, Page 2 of 2
Filling out the California SC-223 form is a necessary step for those seeking to declare a default in payment of a small claims judgment. This process requires accurate information about the judgment debtor and the payments made, ensuring that all details are clearly documented for the court's review.
After completing the form, file it with the small claims court clerk. The court will handle the distribution of copies to all relevant parties, including the judgment debtor, who will have a specified time to respond. Following this, the court will issue a decision or schedule a hearing based on the submitted information.
The California SC-223 form, known as the Declaration of Default in Payment of Judgment, is used when a judgment debtor has failed to make payments as ordered by the court. This form allows the judgment creditor to request that the court declare the full remaining balance of the judgment due and collectible. It serves as a formal notification to the court and the debtor regarding the missed payments.
This form must be filled out by the judgment creditor—the person or entity to whom the money is owed—if the judgment debtor has not made the required payments. If there are multiple judgment debtors, a separate form should be completed for each one who has failed to pay as ordered.
The judgment debtor has 10 calendar days to file a response after the SC-223 form has been mailed to them. This response is filed using Form SC-224, Response to Declaration of Default in Payment of Judgment. It is important for the debtor to adhere to this timeline to protect their rights.
If the judgment debtor does not respond within the 10-day period, the court may proceed with the judgment creditor's request. This could result in the court ordering that the full balance of the judgment is due and collectible, allowing the judgment creditor to take further legal action to collect the debt.
Yes, interest is typically charged on unpaid judgments at a rate of 10 percent per year. This interest accrues from the date the judgment is entered until it is paid in full. If the judgment debtor has been allowed to make payments, interest may not be charged as long as all payments are made on time and in full.
To calculate interest, you should determine the unpaid principal balance and the duration for which interest is owed. Interest is calculated at a rate of 10 percent per year, which is approximately 0.0274 percent per day. You will need to provide the dates, the number of days interest applies, and the total interest amount for that period. If payments have been made, separate calculations for the reduced principal after each payment will be necessary.
If you disagree with the Declaration of Default in Payment of Judgment, you should file a response using Form SC-224 within the 10-day period. This response allows you to present your case to the court and contest the claims made by the judgment creditor. It is essential to follow the proper procedures to ensure your rights are protected.
If you need help with the SC-223 form or the small claims process, you can contact your county’s small claims advisor for free assistance. Additional resources and information can also be found at www.courts.ca.gov/smallclaims/advisor .
Incomplete Information: Failing to fill out all required fields can lead to delays. Ensure every section is complete, including names, addresses, and case details.
Incorrect Case Number: Entering the wrong case number can cause confusion. Double-check the case number before submitting the form.
Missing Signatures: Not signing the form is a common oversight. Always sign and date the form before filing it.
Improper Payment Details: Providing incorrect amounts or dates for payments can lead to disputes. Carefully verify all payment information.
Neglecting to List All Payments: If there are multiple payments, they must be listed accurately. Use a separate page if necessary and reference it correctly.
Not Calculating Interest: Failing to include interest calculations can weaken your request. Clearly explain how you calculated any interest due.
Ignoring Response Timeline: If you disagree with the declaration, you must file a response within 10 days. Mark your calendar to avoid missing this deadline.
Inaccurate Contact Information: Providing outdated or incorrect contact details can hinder communication. Make sure your phone number and email address are current.
The California SC-223 form is a Declaration of Default in Payment of Judgment. It is used when a judgment debtor fails to make payments as ordered by the court. Along with this form, several other documents may be required or useful in the process of collecting on a judgment. Below is a list of related forms and documents commonly used in conjunction with the SC-223.
These documents work together to facilitate the collection process and ensure that both parties understand their rights and responsibilities. Properly completing and filing these forms can help resolve disputes effectively and efficiently.
The California SC-223 form is similar to the SC-224 form, which serves as a Response to Declaration of Default in Payment of Judgment. This form allows the judgment debtor to contest the declaration made by the creditor. If the debtor disagrees with the claims made in the SC-223, they must file the SC-224 within ten days of receiving the declaration. This response provides an opportunity for the debtor to present their side of the story and potentially negotiate a different payment arrangement or dispute the amounts claimed.
Another related document is the SC-112A, Proof of Service by Mail. This form is essential when a party needs to demonstrate that they have properly served documents to other parties involved in a case. When a judgment debtor files a response to the SC-223, they must serve the SC-224 on the judgment creditor and all other parties. The SC-112A provides proof that this service has been completed, which is a necessary step in the legal process.
The SC-100 form, also known as the Small Claims Complaint, is another document that shares similarities with the SC-223. The SC-100 is filed by the plaintiff to initiate a small claims action. While the SC-223 addresses the failure to comply with a payment plan, the SC-100 establishes the original judgment. Both forms are integral to the small claims process, with the SC-100 laying the groundwork and the SC-223 addressing compliance issues.
The SC-130 form, Request to Postpone Trial, is relevant in situations where a party seeks to delay a hearing or trial date. If a judgment debtor is unable to make payments as scheduled, they may wish to postpone proceedings related to the SC-223. This form allows for a request to the court to reschedule, which can provide the debtor additional time to gather resources or negotiate payment terms.
The SC-200 form, Notice of Appeal, is another document that can be related to the SC-223. If a party disagrees with a small claims judgment, they may choose to appeal. This form is used to initiate the appeal process, which can include disputes over payment defaults. While the SC-223 focuses on compliance with payment orders, the SC-200 allows for a broader challenge to the underlying judgment.
The SC-105 form, Small Claims Judgment, is similar in that it documents the outcome of a small claims case, including the amount awarded to the plaintiff. This judgment is the basis for the SC-223, as it outlines the original terms that the judgment debtor must follow. The SC-105 is crucial for establishing the legal obligation that the SC-223 seeks to enforce.
The SC-111 form, Request for Court Order, can also be relevant. If a judgment creditor wishes to seek additional court orders regarding the enforcement of the judgment, they may use this form. The SC-223 is a specific request for enforcement due to non-compliance, while the SC-111 can be used for broader enforcement actions, including garnishments or liens.
The SC-140 form, Small Claims Judgment by Default, is another document that may come into play. This form is used when a defendant does not respond to a small claims action, resulting in a default judgment. If a judgment debtor fails to make payments as ordered, the SC-223 may be filed to enforce that judgment, which could have originated from an SC-140 if the debtor did not appear in court.
The SC-130 form, Request for Court Order, can also be relevant. If a judgment creditor wishes to seek additional court orders regarding the enforcement of the judgment, they may use this form. The SC-223 is a specific request for enforcement due to non-compliance, while the SC-130 can be used for broader enforcement actions, including garnishments or liens.
Finally, the SC-150 form, Application for Waiver of Court Fees, is relevant for individuals who may struggle with the costs associated with filing documents in small claims court. If a judgment debtor wishes to contest the SC-223 but cannot afford the fees, they may file an SC-150 to request a waiver. This allows them to participate in the legal process without financial barriers, ensuring that they can respond appropriately to the declaration of default.
When filling out the California SC-223 form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here are four important dos and don'ts:
Understanding the California SC-223 form is crucial for those involved in small claims judgments. However, several misconceptions can lead to confusion. Here are seven common misunderstandings:
This form is relevant for both creditors and debtors. Creditors use it to request the court declare the full judgment amount due, while debtors can respond if they disagree.
Filing the form does not guarantee a hearing. The court will decide whether to send a notice for a hearing or issue a decision based on the submitted documents.
Payments made after the judgment are crucial. The SC-223 form requires a detailed account of all payments to determine the remaining balance.
Interest is typically added unless the court specifies otherwise. If the court allows payment plans, interest may not accrue as long as payments are made on time.
Debtors have a strict 10-day window to file a response after receiving the declaration. Missing this deadline may result in the judgment being enforced without further discussion.
Supporting documentation is often required. This includes details of previous payments and calculations of any interest owed, which must be clearly explained.
The SC-223 is just one step in the collection process. Depending on the response from the debtor and the court's decision, further actions may be necessary to enforce the judgment.
When filling out and using the California SC-223 form, it is essential to keep several key points in mind. Here are the main takeaways:
By keeping these points in mind, you can navigate the process more effectively and ensure that your rights are protected.