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SC-223
Declaration of Default
in Payment of Judgment
Important: Read the other side before you fill out this form or if it was mailed
to you. If you are the judgment debtor named in and you disagree with this
Declaration of Default in Payment of Judgment, you may file Response to
Declaration of Default in Payment of Judgment (Form SC-224) within 10 days
after the declaration was mailed to you.
I am asking the court to order that the remaining balance of a small claims
judgment is now due and collectible because payments were not made as
the court ordered.
My name is:
Mailing address:
E-mail (optional):
Phone:
The judgment debtor who has not made payments as the court ordered is
(complete a separate form for each judgment debtor who has not paid as
ordered):
Name:
Mailing address:
Clerk stamps here when form is filed.
Fill in the court name and street address:
Superior Court of California, County of
Fill in your case number and case name:
Case Number:
Case Name:
Phone:
E-mail (optional):
On (date): the court ordered that the judgment debtor named in
must pay me, or someone who assigned the judgment to me, principal,
prejudgment interest, and costs in the total amount of $ .
On (date): the court ordered that the judgment debtor named in may pay the judgment described
in as follows:
a.
Payments of $ on the day of each (month, week, other):
starting (date): , until (date of final payment): ; amount of final payment: $
b.
Other payment schedule (specify):
The payments listed below, and no others, have been made on the judgment described in .
Check here if there is not enough space below. List the date and amount of each payment on a separate page and write
“SC-223, Item 5” at the top.
Date
Amount
Date
Amount
Date
Amount
Date
Amount
The total amount of the payments that have been made on the judgment described in is $ ,
and the balance due, without adding any interest after the judgment, is $ .
I request interest on the judgment, in the amount of $ , calculated as follows:
Check here if there is not enough space below. Explain how you calculated interest on a separate page and write
“SC-223, Item 7” at the top.
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
Type or print your name Sign here
Judicial Council of California, www.courts.ca.gov
New July 1, 2013, Optional Form
Code of Civil Procedure, § 116.620;
Cal. Rules of Court, rule 3.2107
Declaration of Default
in Payment of Judgment
(Small Claims)
SC-223, Page 1 of 2
Default in Payments on Small Claims Judgment
General Information
If the court ordered that you may make payments on a
judgment, and another plaintiff, defendant, or person
to whom the judgment has been assigned (judgment
creditor) has filed Form SC-223, Declaration of Default
in Payment of Judgment, asking the court to order that
the full balance is now due and collectible because you
did not make the payments:
Read this form and the Declaration.
If you agree with the court ordering that the amounts
claimed in the Declaration are now due in full, you do
not need to do anything.
If you do not agree with the Declaration or with the
court ordering that the amounts it claims are now
due in full, file a Response within 10 calendar days
after the court clerk mailed the Declaration to you.
(This date is on the Clerk’s Certificate of Mailing.)
To file your Response:
Fill out Form SC-224, Response to Declaration of
Default in Payment of Judgment.
Have your Response served on the judgment creditor
and all other plaintiffs and defendants in your case.
(See Form SC-112A, Proof of Service by Mail.)
File your Response and Proof of Service with the small
claims court clerk.
• •
•
• •
•
If the court ordered that another plaintiff or
defendant (judgment debtor) may pay a small
claims judgment in payments, and that judgment
debtor has not made the payments as ordered, you
can ask the court to order that the full balance of
the judgment is due and collectible. Here’s how:
Read this form.
Fill out page 1 of Form SC-223, Declaration of
Default in Payment of Judgment. Fill out a separate
form for each judgment debtor who did not make
payments as ordered.
File your completed form(s) with the small claims
court clerk.
• •
•
The court will mail all other plaintiffs and defendants
in the case copies of the Declaration and a blank Form
SC-224, Response to Declaration of Default in
Payment of Judgment.
The judgment debtor will have 10 days to file a
Response. Then the court will mail all plaintiffs and
defendants in the case:
•
A decision, or
•
A notice to go to a hearing.
Answers to Common Questions
When is the judgment due?
Unless the court orders otherwise, small claims judgments
are due immediately. If the judgment is not paid in full
within 30 days, the judgment creditor (person to whom the
money is owed) can take legal steps to collect any unpaid
amount. (Collection may be postponed if an appeal or a
request to vacate (cancel) or correct the judgment is filed.)
When can the judgment debtor make payments?
A plaintiff or defendant who was ordered to pay a small
claims judgment (judgment debtor) can ask the court for
permission to make payments. If the court agrees, the
plaintiff or defendant who is owed money (the judgment
creditor) cannot take any other steps to collect the money
as long as the payments are made on time. If payments
are not made on time, the judgment creditor can ask the
court to order that the remaining balance of the judgment
is due and collectible.
Is interest added after the judgment?
Interest (10 percent per year) is usually added to the
unpaid amount of the judgment from the date the judgment
is entered until it is paid in full. Interest can only be
charged on the unpaid amount of the judgment (the
principal); interest cannot be charged on any unpaid
interest. If a partial payment is received, the money is
applied first to unpaid interest and then to unpaid principal.
When the court allows payments, the court often does not
order any interest, as long as all payments are made in full
and on time. Unless the judgment creditor asks for interest
to be included in the order allowing payments, the
judgment creditor may lose any claims for interest. But if
the judgment debtor does not make full payments on time,
interest on the missed payment or the entire unpaid
balance might become due and collectible.
How do I calculate interest?
If you are asking for interest or disagreeing with a request
for interest, you need to explain your interest calculation.
Interest, at the rate of 10 percent per year (.0274 percent
per day), may be added to the full unpaid balance of the
judgment or only to payments that were not made on time.
To calculate interest, show the unpaid principal balance,
the dates and number of days you want the court to allow
interest on that amount, and the total interest for that
period. If payments were made, you will need to make
separate calculations for the reduced principal balance
after each payment.
Need help?
For free help, contact your county’s small claims advisor:
[local info here]
Or go to www.courts.ca.gov/smallclaims/advisor
New July 1, 2013
Declaration of Default in Payment of Judgment
(Small Claims)
SC-223, Page 2 of 2