The Superior Court of California – County of Orange

Receiving the Judge’s Decision

NOTICE OF ENTRY OF JUDGMENT:

The Notice of Entry of Judgment ( SC-130 ) is a court form that states the estimate ’ randomness decision .
This class besides tells you about your rights and lists the date the form was mailed to you. This date is very crucial. You have only 30 days from this date to file a gesture to vacate the sagacity or appeal the pronounce ’ sulfur decision. exception : If you are the defendant and you did not go to motor hotel because you were not properly served with the Plaintiff ’ south Claim, you have 180 days to file a motion to vacate the judgment .
If the estimate ruled on the encase at the prison term of your test, you should receive the Notice of Entry of Judgment in the chain mail within 2 weeks after your trial. If the pronounce took the case “ under meekness ” it can take several weeks to receive the Notice. You can view the condition of your shell. If you do not receive a Notice you should contact the salesclerk by either visiting or writing to the Small Claims Clerk at the courthouse where your trial was held

STAY OF ENFORCEMENT OF JUDGMENT:

The plaintiff can not enforce the judgment for 30 days from the date the Notice of Entry of Judgment was mailed by the salesclerk to the parties. During those 30 days, the defendant can :

  • File an Appeal if they appeared at the trial
  • File a Motion to Vacate the Judgment if they did not appear at the trial
  • Pay the judgment

This segment will explain the procedure to file an solicitation or motion to Vacate the Judgment. If an Appeal or Motion is not filed in 30 days, it will be final. If the defendant has not paid, the plaintiff can start proceedings to enforce the opinion .

What to Do If You Did Not Go to Court – Defendant

DEFENDANT’S MOTION TO VACATE THE JUDGMENT:

If you are the defendant and you did not go to court, you can ask the woo to “ vacate ” ( natural ) the judgment if the court ordered a judgment in privilege of the plaintiff .

Time Limit:

You have 30 days to file your motion from the date the clerk mails you the Notice of Entry of Judgment ( SC -130 ). exception : If you were not by rights served with the Plaintiff ’ sulfur Claim, you have 180 days to file .

Form and Filing Fees:

Use the mannequin called Notice of Motion to Vacate Judgment and Declaration ( SC -135 ) to say why you did not go to court or why you were not by rights served. File your documents at the court where the shell was filed .
You have to pay a filing fee. If you are unable to pay the file fee, you may apply to the court to have the fees waived .

Stay of Enforcement of Judgment:

The plaintiff can not enforce the judgment until the Motion is heard. This means that you do not have to pay the judgment while the Motion is pending .

Hearing:

The clerk will schedule a hear for your apparent motion and mail a replicate to the parties. At the hear, the evaluate will decide if you had “ dependable lawsuit ” for not going to the hearing. The plaintiff can go to court to oppose your gesture .

Ruling:

If the evaluator decides you had thoroughly causal agent, the sagacity will be canceled and you will get a new trial. If all of the parties are introduce, you may have the trial right field away, therefore you should besides bring your tell and witnesses. Or, the judge may schedule another date for the trial if the plaintiff is not present .
If the evaluator decides you did not have “ good cause ” for not going to the learn, he or she will deny your motion. If this happens, you have the right to appeal this decisiveness ( see following section ) .

DEFENDANT’S APPEAL OF THE DENIAL OF THE MOTION TO VACATE JUDGMENT:

If you are the defendant and you did not go to court, you can ask the court to “ vacate ” ( cancel ) the judgment if the woo ordered a opinion in favor of the plaintiff. ( see above ). If your motion is denied, you have the right to appeal this decision .

Time Limit:

You have 10 days to appeal the decision from the date the clerk mailed the notice of the court ’ second decision .

Form and Filing Fees:

Use the human body called Notice of Filing Notice of Appeal ( SC-140 ) to appeal the abnegation of your Motion. If you are unable to pay the filing tip, you may apply to the woo to have the fees waived. File your documents at the woo where the case was filed .

Stay of Enforcement of Judgment:

The plaintiff can not enforce the opinion until the appeal is heard. This means that you do not have to pay the judgment while the appeal is pending .

Hearing:

You will get a notice of your hearing date for your appeal in the mail .
At your hearing, the evaluate will decide if your motion should have been granted. The plaintiff can go to the earshot to oppose the appeal .

Ruling:

If the judge decides that your motion should have been granted he or she will cancel the judgment and you will get a new trial. The trial can happen correct away if all of the parties are confront or it may be rescheduled. You should bring all of your testify and witnesses in case the trial takes place immediately .
If the entreaty evaluate agrees with the original evaluator that your motion was properly denied, your solicitation will be denied. This decisiveness is final examination. however, if the attract judge grants your apparent motion and hears the test and you are dissatisfied with the appeal estimate ’ sulfur decision, you may appeal the rule ( See below “ Appealing the Judge ’ s Decision ” ) .

What to Do If You Did Not Go to Court – Plaintiff

PLAINTIFF’S MOTION TO VACATE THE JUDGMENT:

If you are the plaintiff and you did not go to motor hotel, you can ask the court to “ vacate ” ( cancel ) the judgment if the court ordered a judgment in favor of the defendant .

Time Limit:

You have 30 days to file a gesture after the date the clerk mailed you the Notice of Entry of Judgment ( SC-130 ) .

Form and Filing Fees:

Use the mannequin called Notice of Motion to Vacate Judgment and Declaration ( SC -135 ) to say why you did not go to the listening .
You have to pay a file fee. If you are unable to pay the file fee, you may apply to the woo to have the fees waived. File your documents at the court where the encase was filed.

Hearing:

The clerk will schedule a hear for your motion and mail a copy to the parties. At the listen, the judge will decide if you had “ full induce ” for not going to your hearing. The defendant can go to court to oppose your motion .

Ruling:

If the estimate decides you had good lawsuit, the judgment will be canceled and you will get a new trial. If all of the parties are salute, you may have the trial right away, therefore you should besides bring your tell and witnesses. Or, the pronounce may schedule another date for the test if the defendant is not present. If the pronounce decides you did not have “ beneficial cause ” for not going to the listening, he or she will deny your apparent motion. You may not appeal this decisiveness. It is final .

JUDGE’S DISMISSAL OF THE CASE:

If the case was dismissed “ without bias, ” you may be able to refile your case. If your font was dismissed “ with prejudice, ” you must first file a motion to have the judgment of dismissal vacated. You can view your case on-line or contact the salesclerk to find out what happened at the trial and how to proceed .

How to Request that the Judgment Be Corrected or Canceled

If you think the judgment is wrong, and you appeared at the test, you can ask to fix a clerical error or cancel the judgment because it is legally faulty. Either the plaintiff or the defendant can do this. A clerical error is when there is a error that the pronounce did not mean to make, like spelling a plaintiff ’ south or defendant ’ mho mention wrong. A judgment is wrong or legally wrong if the evaluator did not apply the law to the evidence in the right way .
NOTE: If you did not appear at the test, you must first file a apparent motion to Vacate Judgment and Declaration ( Refer to above “ If You Did not Go To Court ” ) .

TIME LIMIT:

The request to correct or vacate the opinion must be filed with the motor hotel no belated than 30 days after the clerk mailed the Notice of Entry of Judgment ( SC-130 ) to the parties. caution : file this form does not extend the deadline to file an solicitation .

FORM:

Use the shape called Request to Correct or Cancel Judgment and Answer ( SC-108 ) to point out a clerical error in the judgment or to explain why it is legally amiss. The clerk will mail a replicate to the other party. They have at least 10 days to respond to your request .

STAY OF ENFORCEMENT OF JUDGMENT:

The opinion can not be enforced until the motion is heard or ruled on. This means that the defendant does not have to pay the sagacity while the apparent motion is pending .

RULING OR HEARING:

After approximately 15 days, the court will mail you its decision or set a hear date .

How to Answer the Other Party’s Request to Correct or Cancel the Judgment

If you received a copy of a Request to Correct or Cancel Judgment and Answer in the mail, you should carefully read the request of the other party. You can agree, or disagree with the Request by completing 6 through 9 of the second page of the form and filing it with the court. This is called an Answer to the Request to Correct or Cancel Judgment ( page 2 ) ( SC-108 ). mail or deliver it to the court right away. failure to do thus may result in the accord of other party ’ randomness request to correct or cancel the opinion .
You must besides mail a replicate of your Answer to the other parties. Insert the date that you mailed the copies under count 8. Do not forget to date and sign the form under phone number 9 .
The court will mail you its decision or set a hearing go steady .

Appealing the Judge’s Decision

You can not appeal a decision if you filed the claim. You can only appeal the other party ’ mho claim. That means on the plaintiff ’ sulfur claim, the defendant may appeal a judgment against them. however, if you are the plaintiff, you may not appeal the evaluator ’ mho decision, unless the defendant countersued you and a opinion was ordered against you. If your indemnity covers the judgment, your indemnity company can appeal if the judgment is more than $ 2,500 .
An solicitation means that the whole case is heard again. It is a raw trial. If you won your claim but lost the early person ’ mho title, you can not merely appeal the separate of the font you lost. If you appeal, the court will hear all the claims again .
Things to think about before you appeal :

  • You or the other party may be represented by an attorney.
  • If you lose, the court can make you pay up to $150 for the other person’s lawyer and up to $150 for their lost earnings and expenses.
  • If the appeal judge decides that you only appealed to harass or delay the other party, or try to get them to drop their claim, the judge can make you pay up to $1,000 of their lawyer’s fees and $1,000 of lost earnings and expenses.
TIME LIMIT:

You only have 30 days to file your appeal after the Notice of Entry of Judgment was mailed to you .

FORM AND FILING FEES:

Use the mannequin called Notice of Filing Notice of Appeal ( SC-140 ). 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 .
Your appeal will be dismissed if you file it deep or do not pay the filing fee .

STAY ON ENFORCEMENT OF JUDGMENT:

The sagacity can not be enforced until your attract is heard or dismissed. This means that you do not have to pay the sagacity while the attract is pending .

HEARING:

The salesclerk will mail a notice which tells all the parties when the learn date is. It will generally be at the like court, but it must be heard by a unlike judge. At the earshot you and the other party will get to tell your side of the history again. The dispute between an appeal and the inaugural trial is that the parties may be represented by an lawyer.

An appeal hearing is similar to your original trial sol be prepared to tell your side of the case again. Bring all of your witnesses and evidence. If the evaluator kept your attest after the original trial, check with the staff in the court on the day of your appeal learn to make sure that they have your evidence for the estimate to review .

RULING:

A judgment on attract is final. If you are the plaintiff, once the court sends you a notice that you won the solicitation, you can go ahead with the collection of your judgment. There is no 30 day waiting period like there is for the master little claims test. If you are the defendant and you lost the entreaty, you should contact the plaintiff and make arrangements to pay the judgment. failure to do so may result in your assets being seized, wages being garnished, or a spleen being placed on your home or early real property .

How to Get More Information

For more information to help you understand appeals and motions to vacate or correct a judgment travel to the :

beginning : https://bethelculturalcenter.com
Category : Finance

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