Fillable Court’s Default Judgment Form Kit (Superior Court of California)

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Court’s Default Judgment Form Kit (Superior Court of California)

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TO THE CLERK: On the complaint or cross-complaint filed
(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under
Code Civ. Proc., § 585(d).)
(1)
(2)
(3)
for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
415.46.
under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
by (name):
Enter default of defendant (names):
I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant
(names):
Enter clerk’s judgment
for default previously entered on
(date):
BalanceAmount Credits acknowledged
c.
d.
e.
a.
b.
on (date):
Judgment to be entered.
Demand of complaint . . . . . . . . . . . . .
Statement of damages*
Special . . . . . . . . . . . . . . . . . . . .
General . . . . . . . . . . . . . . . . . . . .
Interest . . . . . . . . . . . . . . . . . . . . . . . .
Costs (see reverse) . . . . . . . . . . . . . .
Attorney fees . . . . . . . . . . . . . . . . . . .
TOTALS . . . . . . . . . . . . . . . . . . . . . .
per day beginning
(SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
(1)
Default entered as requested on
(2)
FOR COURT
USE ONLY
Clerk, by , Deputy
Page 1 of 2
Code of Civil Procedure, §§ 585–587, 1169
www.courts.ca.gov
Form Adopted for Mandatory Use
Judicial Council of California CIV-100
[Rev. January 1, 2020]
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
1.
2.
a.
b.
c.
d.
e.
f .
(* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
g.
3.
Default NOT entered as requested
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Daily damages were demanded in complaint at the rate of: $
(date):
(Check if filed in an unlawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the
reverse (complete item 4).
(TYPE OR PRINT NAME)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
Plaintiff/Petitioner:
Defendant/Respondent:
FOR COURT USE ONLY
CASE NUMBER:
REQUEST FOR
(Application)
Entry of Default Clerk's Judgment
Court Judgment
CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see CIV-105)
(2)
(1)
(date):
(state reason):
Date:
Self Represented Litigant
San Bernardino
Same
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not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney
Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or
on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6.
Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
Clerk's filing fees . . . . . . . . . . . . . . . . . . . .
Process server's fees . . . . . . . . . . . . . . . . .
Other (specify):
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
CIV-100 [Rev. January 1, 2020]
Page 2 of 2
4.
5.
a.
b. on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c.
a.
b.
7.
a.
b.
c.
d.
e.
f.
g.
8.
Assistant's name:
Street address, city, and zip code:
Telephone no.:
County of registration:
Registration no.:
Expires on (date):
Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action
is is not
is not
is notis
is
(names):
mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none,
to each defendant's last known address as follows:
Mailed on (date):
To (specify names and addresses shown on the envelopes):
$
$
$
$
$
Costs and disbursements are waived.
a.
b.
(1)
(2)
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)
c.
d.
e.
f.
CASE NUMBER:
Plaintiff/Petitioner:
Defendant/Respondent:
CIV-100
Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military
service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2), or California Military and
Veterans Code sections 400 and 402(f).
did did not
unlawful detainer assistant or compensation give advice or assistance with this form. If declarant has
received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state:
Print this form
Save this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
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DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civil Proc., § 585(d))
FOR COURT USE ONLY
CASE NUMBER:
DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
Code of Civil Procedure, § 585(d)
Form Approved for Optional Use
Judicial Council of California
UD–116 [Rev. July 1, 2003]
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, state bar number, and address):
UD-116
PLAINTIFF
(Name):
DEFENDANT
(Name):
Agreement was4.
ATTORNEY FOR
(Name):
TELEPHONE NO.: FAX NO.
(Optional):
E-MAIL ADDRESS
(Optional):
1. My name is
(specify):
b.
I am
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Page 1 of 3
an owner of the property
a manager of the property
3.
Personal knowledge. I personally know the facts stated in this declaration and, if sworn as a witness, could testify competently
thereto. I am personally familiar with the rental or lease agreement, defendant's payment record, the condition of the property, and
defendant's conduct.
On or about
(date):
defendant
(name each):
with rent due on the
written
first of the month
other day
(specify):
a.
b.
c.
5.
Original agreement is attached
(specify):
Copy of agreement with a declaration and order to admit the copy is attached
(specify):
Agreement changed.
c.
A copy of the notice of change in terms is attached to this declaration, labeled Exhibit 5d.
e.
Original agreement for change in terms is attached
(specify):
Change in rent due date. Rent was changed, payable in advance, due on
(specify day): .
d.
a.
I am the plaintiff in this action.
(1)
(2)
an agent of the owner (3)
other
(specify):
(4)
2.
The property concerning this action is located at
(street address, apartment number, city, and county):
oral as follows:
agreed to rent the property for a
(1)
month-to-month tenancy other tenancy
(specify):
agreed to pay rent of $ payable
(2)
monthly
other (
specify frequency):
to the original complaint.
to the
Application for Immediate Writ of Possession.
to the original complaint.
to the
Application for Immediate Writ of Possession.
to this declaration, labeled Exhibit 4c.
a.
More than one change in rent amount
(specify history of all rent changes and effective dates up to the last rent
change)
on
Attachment
5a (form MC-025).
(1)
by agreement of the parties and subsequent payment of such rent.
(2)
by service on defendant of a notice of change in terms pursuant to Civil Code section 827
(check
item 5d).
(3)
pursuant to a written agreement of the parties for change in terms
(check item 5e or 5f)
.
b.
Change in rent amount
(specify last rent change)
. The rent was changed from $ to $ ,
which became effective on
(date):
and was made
to this declaration, labeled Exhibit 5e.
f. Copy of agreement for change in terms with a declaration and order to admit the copy is attached
(specify):
to the
Application for Immediate Writ of Possession.
to this declaration, labeled Exhibit 5f.
to the
Application for Immediate Writ of Possession.
to this declaration, labeled Exhibit 4b.
www.courtinfo.ca.go
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Self Represented Litigant
San Bernardino
Same
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Short Title: Docket No.
NOTICE OF APPEARANCE
Appearance for (provide name of party):
Status of Party:
Appellant/Petitioner
Cross-Appellee/Cross Respondent
Appellee/Respondent
Cross-Appellant/Cross-Petitioner
Other (Specify):
An attorney will argue this appeal.
Name of attorney who will argue appeal, if other than counsel of record:
Date of arguing attorney’s admission to this Court (month, day, year):
Other Federal/State Bar admissions: (month, day, year):
I am a pro se litigant who is not an attorney.
TIME REQUEST
Oral argument is not desired.
Oral argument is desired. Party requests minutes or multi-co-parties
request a total of minutes to be apportioned as follows:
If more than 20 minutes per side is requested, set forth reasons:
AVAILABILITY OF COUNSEL/PRO SE LITIGANT
I understand that the person who will argue the appeal must be ready at any time during or after the week of argument
I know of no dates which would be inconvenient.
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
UNAVAILABILITY.
RELATED CASES
This case has not been before this Court previously.
This case has been before this Court previously. The short title, docket number and citation are:
Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
the appeal, if different:
Type or Print Name
Type or Print Name
Name of Firm:
Address:
Date: Date:Telephone: Telephone:
July 2000
(
(
(
(
(
(
(
(
(
(
(
(
(
(
I am an incarcerated pro se litigant.
which appears on the scheduling order.
included religious holidays.
I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have
)
)
)
)
)
)
)
)
)
)
)
)
)
)
( )
( )
( )
Intervenor
Amicus Curiae
American LegalNet, Inc. www.USCourtForms.com
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DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
UD-116 [Rev. July 1, 2003]
CASE NUMBER:
PLAINTIFF
(Name):
DEFENDANT
(Name):
Notice to quit.
6.
Page 2 of 3
Proof of service of notice. The original or copy of the proof of service of the notice in item 6a is attached to
(specify):
8.
the original complaint.
a.
the original complaint.
c.
The total rent demanded in the 3-day notice under item 6b is different from the agreed rent in item 4a(2)
(specify history of
dates covered by the 3-day notice and any partial payments received to arrive at the balance)
on
Attachment
6c (form
MC-025).
Notice expired. On
(date):
the notice in item 6 expired at the end of the day and defendant failed to comply
with the requirements of the notice by that date. No money has been received and accepted after the notice expired.
9.
b. The 3-day notice to pay rent or quit demanded rent due in the amount of
(specify):
$ for the rental period
beginning on
(date)
and ending on
(date)
.
this declaration, labeled Exhibit 6d.
(The original or a copy of the notice MUST be attached to this declaration if not
attached to the original complaint.)
this declaration, labeled Exhibit 8b
.
(
The original or copy of the proof of service MUST be attached to this declaration if not
attached to the original complaint.)
b.
(rent per month) x (0.03288)
(12 months divided by 365 days)
a.
other valuation
(specify):
c.
Possession. The defendant11.
vacated the premises on
(date):
a.
continues to occupy the property on
(date of this declaration):
b.
Holdover damages. Declarant has calculated the holdover damages as follows:12.
Damages demanded in the complaint began on
(date):
a.
Damages accrued through
(date specified in item 11):
b.
a. Defendant was served with a
(1)
3-day notice to pay rent or quit
(2)
(3)
(4)
30-day notice to quit
(5)
3-day notice to perform covenants or quit
3-day notice to quit
Other
(specify):
d. The original or copy of the notice specified in item 6a is attached to
(specify):
The fair rental value of the property is $ per day, calculated as follows:
10.
rent per month divided by 30
b.
Number of days that damages accrued
(count days using the dates in items 12a and 12b):
c.
Total holdover damages
((daily rental value in item 10) x (number of days in item 12c)):
$
d.
Reasonable attorney fees are authorized in the lease or rental agreement pursuant to paragraph
(specify):
and reasonable attorney fees for plaintiff's attorney
(name):
are $ .
13.
Court costs in this case, including the filing fee, are $
14.
Service of notice.
7.
personally on
(date):
by substituted service, including a copy mailed to the defendant, on
(date):
by posting and mailing on
(date mailed):
The notice was served on defendant
(name each):
a.
(1)
(2)
(3)
b.
A prejudgment claim of right to possession was served on the occupants pursuant to Code of Civil Procedure section
415.46.
(6)
60-day notice to quit
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DECLARATION FOR DEFAULT JUDGMENT BY COURT
(Unlawful Detainer—Code Civ. Proc., § 585(d))
UD-116 [Rev. July 1, 2003]
Page 3 of 3
CASE NUMBER:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
Summary of Exhibits
16.
Exhibit 4b: Original rental agreement.
17.
Exhibit 4c: Copy of rental agreement with declaration and order to admit the copy.
19.
Exhibit 5e: Original agreement for change of terms.
18.
Exhibit 5d: Copy of notice of change in terms.
20.
Exhibit 5f: Copy of agreement for change in terms with declaration and order to admit copy.
21.
Exhibit 6d: Original or copy of the notice to quit under item 6a
(MUST be attached to this declaration if it is not attached
to original complaint).
22.
Exhibit 8b: Original or copy of proof of service of notice in item 6a
(MUST be attached to this declaration if it is not attached
to original complaint).
23.
Other exhibits
(specify number and describe):
15.
Declarant requests a judgment on behalf of plaintiff for:
A money judgment as follows:
a.
(1)
(3)
(2)
(4)
(6)
Attorney fees
(item 13)*
Past-due rent
(item 6b)
Costs
(item 14)
TOTAL JUDGMENT
$
$
$
$
$
(5)
Other
(specify):
Holdover damages
(item 12d)
$
* Attorney fees are to be paid by
(name)
only.
Possession of the premises in item 2
(check only if a clerk's judgment for possession was not entered)
.
b.
Cancellation of the rental agreement.
c.
Forfeiture of the lease.
PLAINTIFF
(Name):
DEFENDANT
(Name):
}
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JUDGMENT—UNLAWFUL DETAINER
FOR COURT USE ONLY
CASE NUMBER:
JUDGMENT—UNLAWFUL DETAINER
Code of Civil Procedure, §§ 415.46,
585(d), 664.6, 1169
Form Approved for Optional Use
Judicial Council of California
UD-110 [New January 1, 2003]
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
UD-110
PLAINTIFF:
DEFENDANT:
By Clerk
By Court
By Default
After Court Trial
Possession Only
Defendant Did Not
Appear at Trial
AFTER COURT TRIAL. The jury was waived. The court considered the evidence.
2.
The case was tried on (date and time):a.
b.
ATTORNEY FOR (Name):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
JUDGMENT
1.
BY DEFAULT
a.
b.
(1)
Clerk's Judgment (Code Civ. Proc., § 1169). For possession only of the premises described on page 2 (item 4).
Defendant was properly served with a copy of the summons and complaint.
c.
Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.
(2)
plaintiff's testimony and other evidence.
plaintiff's or others' written declaration and evidence (Code Civ. Proc., § 585(d)).
d.
Defendant's default was entered by the clerk upon plaintiff's application.
e.
Court Judgment (Code Civ. Proc., § 585(b)). The court considered
before (name of judicial officer):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Appearances by:
Plaintiff (name each):
Plaintiff's attorney (name each):
Defendant (name each): Defendant's attorney (name each):
(1)
(2)
Page 1 of 2
Continued on Attachment 2b (form MC-025).
Continued on Attachment 2b (form MC-025).
c.
Defendant did not appear at trial. Defendant was properly served with notice of trial.
d.
A statement of decision (Code Civ. Proc., § 632) requested.was not was
(1)
(2)
Self Represented Litigant
San Bernardino
Same
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Short Title: Docket No.
NOTICE OF APPEARANCE
Appearance for (provide name of party):
Status of Party:
Appellant/Petitioner
Cross-Appellee/Cross Respondent
Appellee/Respondent
Cross-Appellant/Cross-Petitioner
Other (Specify):
An attorney will argue this appeal.
Name of attorney who will argue appeal, if other than counsel of record:
Date of arguing attorney’s admission to this Court (month, day, year):
Other Federal/State Bar admissions: (month, day, year):
I am a pro se litigant who is not an attorney.
TIME REQUEST
Oral argument is not desired.
Oral argument is desired. Party requests minutes or multi-co-parties
request a total of minutes to be apportioned as follows:
If more than 20 minutes per side is requested, set forth reasons:
AVAILABILITY OF COUNSEL/PRO SE LITIGANT
I understand that the person who will argue the appeal must be ready at any time during or after the week of argument
I know of no dates which would be inconvenient.
COUNSEL OR PRO SE LITIGANT MUST ADVISE THE COURT IN WRITING OF ANY CHANGE IN AVAILABILITY. FAILURE
TO DO SO MAY BE CONSIDERED BY THE COURT IN DECIDING MOTIONS FOR ADJOURNMENT BASED ON
UNAVAILABILITY.
RELATED CASES
This case has not been before this Court previously.
This case has been before this Court previously. The short title, docket number and citation are:
Matters related to this appeal or involving the same issue have been or presently are before this Court. The short
titles, docket numbers and citations are:
Signature of counsel of record or pro se litigant: Signature of counsel who will argue
the appeal, if different:
Type or Print Name
Type or Print Name
Name of Firm:
Address:
Date: Date:Telephone: Telephone:
July 2000
(
(
(
(
(
(
(
(
(
(
(
(
(
(
I am an incarcerated pro se litigant.
which appears on the scheduling order.
included religious holidays.
I request that the argument of this appeal not be calendared for the following dates, which are inconvenient. I have
)
)
)
)
)
)
)
)
)
)
)
)
)
)
( )
( )
( )
Intervenor
Amicus Curiae
American LegalNet, Inc. www.USCourtForms.com
<
<
<
JUDGMENT—UNLAWFUL DETAINER
UD-110 [New January 1, 2003]
CASE NUMBER:
PLAINTIFF:
DEFENDANT:
Parties. Judgment is
3.
a.
for plaintiff (name each):
and against defendant (name each):
b. for defendant (name each):
Page 2 of 2
Amount and terms of judgment
6.
(1)
(3)
(2)
(4)
(6)
Attorney fees
Past-due rent
Costs
TOTAL JUDGMENT
$
$
$
$
$
(5)
Other (specify):
Holdover damages
$
Defendant named in item 3a above must pay plaintiff on the
complaint:
a.
Plaintiff is to receive nothing from defendant
named in item 3b.
b.
Defendant named in item 3b is to recover
costs: $
THE COURT THE CLERKJUDGMENT IS ENTERED AS FOLLOWS BY:
and attorney fees: $ .
Defendant is entitled to possession of the premises located at (street address, apartment, city, and county):
c.
The rental agreement is canceled.
The lease is forfeited.
4.
7.
Conditional judgment. Plaintiff has breached the agreement to provide habitable premises to defendant as stated in
Judgment—Unlawful Detainer Attachment (form UD–110S), which is attached.
5. Judgment applies to all occupants of the premises including tenants, subtenants if any, and named claimants if any (Code Civ.
Proc., §§ 715.010, 1169, and 1174.3).
Plaintiff
Other (specify):
8.
Date:
JUDICIAL OFFICER
, Deputy
Clerk, by
Date:
Date:
, Deputy
Clerk, by
CLERK'S CERTIFICATE (Optional)
I certify that this is a true copy of the original judgment on file in the court.
(SEAL)
Continued on Attachment 3a (form MC-025).
Continued on Attachment 8 (form MC-025).
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Follow these simple steps in order to successfully file your
paperwork.
Print
Print out your set of forms.
Review
After you have completed your forms, bring them back to the Resource Center to
have them reviewed. It is important to follow this step because our staff has been
trained to review these forms and help you make any necessary changes or
answer any other questions that you may have.
Copy
Make (2) copies of your corrected originals and then you will be ready to have
your paperwork served.
Finishing up
Now you are ready to file your paperwork. Take your paperwork along with your
copies to the clerk’s office within the court listed in your paperwork to file. It may
take a few weeks for the court to process your judgment. You can provide the
court with a return envelope that has your address and postage stamps so that
the court can mail you your judgment when it is completed. If you choose not to
provide an envelope then the clerk will instruct you on how and where to pick up
your judgment.
Your signed judgment gives you the right to collect that money from your tenant
by any legal means. The next page will tell you about the ways in which you can
try to collect. Collecting a judgment can be very challenging. The Court does not
collect the money for you.
Next Steps:
UD Court’s Judgment
Next Steps:
UD Court’s Judgment
HOW TO COLLECT YOUR JUDGMENT
If the judgment debtor does not pay you voluntarily and 30 days have passed since the date of mailing of
the Notice of Entry of Judgment:
1. If you know where the debtor works, i.e., name and address of employer (if you sued a
person), you may file a Writ of Execution (EJ-130), with the court clerk where you filed your
original claim. You pay the filing fee of $25 for the writ. Then bring the original Writ of Execution
and a completed Application for Earnings Withholding Order (WG-001) to the Sheriff Court
Services Office of the county where the employer is, pay the sheriff’s fee (in San Bernardino, it is
about $30) and the sheriff will serve writ and wage garnishment order on the debtor’s employer.
2. If you know the bank account number of the debtor, and your judgment is against a
person or a business, you may file a Writ of Execution (EJ-130) with the court clerk, bring the
original writ to the sheriff of the county where the bank is located and fill out Civil Process
Instructions (sheriff’s local form).The Sheriff shall serve Notice of Levy on the bank.
3. If the debtor is a retail business and has a cash register or cash drawer and receives
money from customers during the normal course of business, you may file a Writ of
Execution (EJ-130) with the court clerk; take the original writ to the sheriff. The sheriff may
either do a “till tap” (one-time emptying of a cash register up to the amount of the judgment) or
have a “keeper” put into business (keeper involves the sending of a sheriff deputy to a business
for 4-8 hours to collect all cash and checks paid to the business during the time).
4. If the debtor owns real property (like a house or land) you may file an Abstract of Judgment
(EJ-001) with the court clerk, pay filing fee of $25 then bring original Abstract of Judgment to the
County Recorder’s Office where the property is located. The recording fee is about $16 in San
Bernardino County. You will not be paid automatically, but the owner-debtor cannot sell or
refinance the property without first paying you your judgment, including interest.
5. Other ways to collect your money/ enforce your judgment – read more at
www.courtinfo.ca.gov/selfhelp
for more collections ideas
Levy on a Personal Property. A property levy requires the posting of deposit in the amount of
$1200 to have the sheriff seize and sell the property. However, many items are partially or totally
exempt from collection such as tools of the trade, homes, household furnishings and clothing.
An automobile is exempt for the first $2300 of the auction price (representing the owner’s equity).
Unless the debtor is in possession of a valuable piece of property with no current lien on it, a
property levy may cost more in fees than you can collect from the sale of that property.
Levy on a Spouse’s Bank Account. If the account is solely in the name of your debtor’s
spouse, you can levy the bank account by filing a Writ of Execution and providing the Sheriff with
a Declaration (MC-030) signed under penalty or perjury that the judgment debtor and spouse
are married. If the account is the name of both, no declaration is needed.
Levy on Debtor’s Money or Property Held by Someone Else
for the Debtor (“Third Party Levy”). Examples of possible items to collect:
Loans made by the debtor to someone else,
Accounts receivable payable to the debtor,
Rent payable to the debtor,
Royalty payments to the debtor.
Next Steps:
UD Court’s Judgment
Have the court issue a Writ of Execution to the sheriff in the county where the
property or other person is located. The sheriff shall serve a Notice of Levy (EJ-
150) on the person holding the property, instructing that person to turn over the
money to the sheriff. If the party does not comply with it, you might be able to
file a lawsuit against them.
Lien on a Lawsuit a Debtor has against someone else. Obtain and fill out Abstract of
Judgment (EJ-001) and Notice of Lien (EJ-185) and file with the court where the debtor’s
lawsuit is pending. Personally serve or mail copies of the documents to all parties in the debtor’s
lawsuit.
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Courts Default Judgment Form Kit (Superior Court of California)

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Completed 15 July 2020

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