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What to Do If You Are Being Sued Checklist

What If You Are Being Sued in the Wrong Court?

How Can I Sue the Person Suing Me?

Change Your Court Date

What to Do After Your Hearing Checklist

Vacate a Default Judgment

Appeal Your Judgment

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What to Do After Your Hearing Checklist

  1. If you didn't go to the hearing for a good reason, you can ask the court to cancel your judgment (called a "default judgment") and get a new hearing. You'll need to file a form called Notice of Motion to Vacate Judgment and Declaration (Small Claims) (form SC-135).

    Click here to learn more about canceling your default judgment and getting a new hearing.

  2. If you went to the hearing and lost, you may ask for a new hearing. You'll need to file a Notice of Appeal (Small Claims) (form SC-140).

    Click here to learn more about appealing your judgment.

  3. If you owe money, pay the court or the other person. If you don't pay, you must mail a form called Judgment Debtor's Statement of Assets (Small Claims) (form SC-133) to the plaintiff within 30 days. After you pay, make sure the other person files a form called Acknowledgment of Satisfaction of Judgment (form EJ-100).If the plaintiff doesn't file this form, you may ask the court clerk to enter a "satisfaction of judgment" if you can prove you paid the full amount of the judgment with the interest and costs.

    If, after you request in writing that the plaintiff file the Acknowledgment of Satisfaction of Judgment (form EJ-100), and he fails/refuses to comply within 14 days, you may sue the plaintiff for $50 plus any actual damages incurred (Code of Civil Procedure, section 116.850 This is an external link. Click this icon for our external linking policy.).
  4. If the other person owes you money, try to get them to pay you. Once they've paid, file a form called Acknowledgment of Satisfaction of Judgment (form EJ-100).

    Click here to learn more about collecting your judgment.

  5. Click here This is an external link. Click this icon for our external linking policy. to get more information from the Department of Consumer Affairs' Web site.

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