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Small Claims Process Part 2: Post Judgment presented by Kelsey Atkinson, Legal Aid Foundation of Los Angeles Renters Small Claims Project. Training goals include assisting tenants in small claims court, advising on motions, payment options, and consequences. Agenda covers post-hearing judgment, motions to vacate, appeals, payment options, and resources.
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Presentation Transcript
Small Claims Process Part 2: Post Judgment Presented by: Kelsey Atkinson Legal Aid Foundation of Los Angeles Renters Small Claims Project
Training Goals Training Goals Training participants will be able to assist tenants sued in small claims court by: Advising tenants on when and how to file motion to vacate or appeal a judgment Advising tenants on options for payment of a judgment entered against them Advising tenants about the consequences for failure to pay a judgment
Agenda AgendaAgenda Post-Hearing Judgment Post-Hearing Motion to Vacate and Appeals Post-Hearing Payment options Resources
Post-Hearing Judgment Decision will be sent by mail following the small claims hearing FORM: Notice of Entry of Judgment (SC-130 or SC-200) PURPOSE: Inform litigants of judge s decision in small claims matter Ensure tenants inform court of any change of address after the hearing
Post-Hearing Judgment If both parties were present at the small claims hearing: Judge rules in favor of the defendant: Judge rules in favor of the plaintiff: Decision cannot be appealed Defendant can: File an appeal within 30 days of courts MAILING of notice of entry of judgment (SC-130 or SC-200) Pay judgment in full Request court determine a payment plan Plaintiff can move to cancel judgment on error of law (SC-108)
Post-Hearing Judgment If a party was not present at the small claims hearing: If plaintiff failed to appear: If defendant failed to appear: Judge can dismiss without prejudice (plaintiff may re-file action) Hearing goes forward: Plaintiff must prove defendant was properly served Plaintiff must still present their case and meet burden of proof Issue judgment in favor of Defendant Defendant can move to vacate judgment after the hearing
Post-Hearing Motion to Vacate and Appeals
Small Claims Process Post-Hearing
Post-Hearing Motion to Vacate FORM: SC-135, Notice of Motion to Vacate Judgment and Declaration PURPOSE: request rehearing of the case due to procedural issue If defendant properly served and missed hearing --> 30 days from MAILING of Notice of Entry of Judgment (SC-130 or SC-200) Show good cause for failure to appear at hearing If not properly served and did not appear at hearing --> 180 days from date defendant actually found out or should have found out about the small claims suit If motion to vacate is granted be prepared to present case immediately after or request a continuance If motion to vacate is denied 10 days to file appeal
Post-Hearing Notice of Appeal FORM: SC-140, Notice of Appeal PURPOSE: request de novo small claims hearing in front of new judge Must file notice of appeal (SC-140) within 30 days of MAILING of Notice of Entry of Judgment (SC-130/SC-200) Judgment cannot be enforced during time appeal is pending No appeal bond required
Post-Hearing Appeal Hearing Parties can be represented by attorneys De novo small claims hearing in front of new judge Cannot refer to statements made in prior hearing Come prepared with all evidence Can bring new/additional claims, evidence, and witnesses Still no discovery Still no rules of evidence Still short arguments The appeal decision is FINAL IF PLAINTIFF PREVAILS JUDGMENT CAN BE ENFORCED IMMEDIATLEY
Post-Hearing Payment
Post-Hearing Payment Plaintiff must wait 30 days from entry of final judgment to enforce/collect judgment Defendant can appeal or move to vacate in this time period Upon entry of judgment court will also send defendant form SC-133 Judgment Debtors Statement of Assets Send completed form to plaintiff within 30 days
Post-Hearing Payment in full Defendant can pay judgment in full via the court: FORM: Request to Pay Judgment to Court (SC-145) PURPOSE: Request to pay judgment through the court instead of directly to plaintiff Defendant can pay judgment in full directly to the plaintiff: FORM: Acknowledgement of Satisfaction of Judgment (SC-290) PURPOSE: filed by plaintiff to indicate defendant has satisfied the judgment
Post-Hearing Payment Plans Defendant can request the court to set a schedule for installment payments via: Request to Make Payments (SC-220); and Financial Statement for Enforcement of Judgment (EJ-165) Defendant can request plaintiff enter Acknowledge of Satisfaction of Judgment (EJ-100) with court for each partial payment
Post-Hearing Nonpayment Small claims judgment is enforceable for 10 years and can be renewed Consequences for failure to pay judgment: Wage garnishment Liens against property/assets COVID-19 tenant relief laws provide some protections for judgment on COVID-19 rental debt: Judgment for Covid-19 rental debt is permanently MASKED (CCP 1161.2.5) Covid-19 rental debt MAY NEVER be sold/assigned for any person who meets rental assistance program qualifications (CCP 1788.66) Covid-19 rental debt CANNOT be used as reason to deny housing in the future
Resources Addl. Small Claims Forms SC-105 Request for Court Order and Answer Request the court to make an order before or after trial in a small claims case SC-112 Proof of Service by Mail Can use service by mail for all forms EXCEPT than Plaintiff and Defendants complaints (SC-100 and SC-120 require personal/sub/certified mail service and form SC-104) SC-114 Request to Amend Party Name Before Hearing Request to change party named in claim SC-150 Request to Postpone Trial Request court to move court date SC-108 Request to Correct or Cancel Judgment Request court to make change to judgment due to an error of law Only use if were present at the trial Hearing in front of same judge, does not suspend time to file an appeal
Resources Small Claims Procedure Contact the small claims clerk in the courthouse or small claims advisor California courts website (includes instructions and forms) Local superior court website
Resources Rental Assistance California Housing is key homepage Housing is Key - No Wrong Door mapping tool
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