Free SC-108_7.27.06.ofm - California


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Date: June 24, 2009
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State: California
Category: Court Forms - State
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Request

COURT Request to Correct or Cancel Clerk stamps date here when form is filed. COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. Judgment and Answer (Small :Claims) Index No.

SC-108

This form is used to ask the court to correct or cancel a small claims : Calendar No. judgment. You must file this form no later than 30 days after the clerk mailed : Form SC-130, Notice of Entry of Judgment. Filing this form does not extend JUDICIAL SUBPOENA Plaintiff(s) the deadline to file an appeal. -against: If you are the person asking the court to correct or cancel a judgment, fill out 1 5 on this page, then file it at the clerk's office. The : clerk will mail a copy of the form to all other plaintiffs and defendants in your case. The court will give the other plaintiffs and defendants at least 10 days to : Fill in court name and street address: answer this Request. The court will mail its decision to you or tell you to go to Superior Court of California, County of Defendant(s) : a court. hearing. If. you.did. not. go .to .the .trial,. you .must. use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form SC-135, Notice of Motion to Vacate Judgment and Declaration. If you receive this form, read below, then fill out 6 and 9 on page 2. The court will mail its decision to you or tell you to go to a court hearing. THE PEOPLE OF THE STATE OF NEW YORK 1 The person asking the court to correct or cancel a

judgment is: TO Name: Address: Check one: GREETINGS:
2

Fill in your case number and case name below:

Case Number:

Notice to:

A defendant in this case A plaintiff in this case

Case Name:

(List names and addresses of all other defendants and plaintiffs inbeingcase.)aside, you and each of you attend before WE COMMAND YOU, that all business and excuses your laid , the Honorable Court Name Address at the

located at County of a. in b. room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the c. d. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 3 the party the court to (check one): was issued for a maximum penalty of $50 and all damages sustained as a I ask on whose behalf this subpoena result of your failure tofollowing clerical error in the judgment. a. Correct the comply. List the error: Witness, Honorable , one of the Justices of the Change to: Court in Explain why this correction is needed: County, day of , 20
Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-108, Item 2" on top.

b.

Cancel the judgment because the court applied the wrong law to this case. (Explain):
Attorney(s) for

(Attorney must sign above and type name below)

Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-108, Item 3" on top.

In making its order, I ask the court to consider the information on this form, any records on file, and, if the court holds a hearing, the evidence presented at that hearing. Office and P.O. Address 5 I declare under penalty of perjury under California state law that the information above and on all attachments is true and correct. Date: Telephone No.: Facsimile No.: Type or print your name E-Mail Address: Sign your name Mobile Tel. No.: Judicial Council of California, www.courtinfo.ca.gov Request to Correct or Cancel Judgment and Answer SC-108, Page 1 of 2
Revised January 1, 2007, Optional Form Code of Civil Procedure, 116.725; California Rules of Court, rule 3.2107

4

(Small Claims)

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SC-108
Answer

Request to Correct or Cancel Judgment and Answer (Small Claims)

Clerk stamps date here when form is filed.

The person listed in 1 on page 1 of this form has asked the court to correct or cancel the judgment in your small claims case. Follow these steps to tell the court what you want to do about this request: Read page 1 to see what the person in 1 is asking for. Fill out 6 9 below. Mail your completed form to the court right away. Mail a copy of this form to each plaintiff and defendant listed in 1 and 2 on page 1 of this form. The court will mail its decision to all plaintiffs and defendants at least 10 days after the Request was mailed. If you do nothing, the court may make the order without hearing from you. 6

Fill in court name and street address:

Superior Court of California, County of

The person filing this answer is:
Name: Address: Check one:

A defendant in this case

A plaintiff in this case

Fill in your case number and case name below.

7

Tell the court what you want to do about the request.
(Check all that apply):

Case Number:

a. b. c.

I agree to the correction requested in 3 a. I agree to the cancellation of judgment requested in 3 b. I do not agree with the request in 3 a. (Explain):

Case Name:

d.

I do not agree with the request in 3 b. (Explain):

e. 8 9

I ask the court to have a hearing to decide this matter.
Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-108, Item 7" on top.

I mailed a copy of this form to everyone listed in 1 and 2 of this form on (date): I declare under penalty of perjury under California state law that the information above and on all attachments is true and correct. Date: Type or print your name Sign your name The clerk fills out below. -- Clerk's Certificate of Mailing --
I certify that I am not involved in this case and (check one): A Certificate of Mailing is attached. The Request to Correct or Cancel Judgment and Answer was mailed first class, postage paid, to all parties at the addresses listed in 2 . On (date): From (city): , California

Need help?
For free help, contact your county's Small Claims Advisor:

Or, go to "County-Specific Court Information" at: www.courtinfo.ca.gov/selfhelp/smallclaims

Clerk, by
Revised January 1, 2007

, Deputy
SC-108, Page 2 of 2

Request to Correct or Cancel Judgment and Answer
(Small Claims)