SC-224 Response to Declaration of Default in Payment of Judgment Clerk stamps here when form is filed. Important: If you disagree with a judgment creditor's Declaration of Default in Payment of Judgment (Form SC-223), you may file a Response to Declaration of Default in Payment of Judgment (Form SC-224) within 10 days after Form SC-223 was mailed to you. Read the other side before you fill out this form. I am responding to a Declaration of Default in Payment of Judgment (Form SC-223). My name is: Mailing address: Fill in the court name and street address: Phone: E-mail (optional): Superior Court of California, County of The plaintiff or defendant (judgment creditor) who filed the Declaration of Default is: Name: Mailing address: Phone: E-mail (optional): Fill in your case number and case name: Case Number: Case Name: I agree with the information in the Declaration of Default. I do not agree that the court ordered the payment schedule stated in item of the Declaration of Default. (Describe your disagreement.) I do not agree with the dates or amounts of the payments listed in item of the Declaration of Default. The payments listed below have been made on the judgment. Check here if there is not enough space below. List the date and amount of each payment on a separate page and write "SC-224, 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 is $ without adding any interest after the judgment, is $ . I agree that interest in the amount of $ interest is calculated as follows: , and the balance due, may be added to the balance of the judgment. This Check here if there is not enough space below. Explain how you calculated interest on a separate page and write "SC-224, 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 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 Sign here Response to Declaration of Default in Payment of Judgment (Small Claims) SC-224, Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com 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 was 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.) If you do not do so, the court may order that the balance of the judgment is now due and collectible in full and may also order interest on the unpaid amount of the judgment. To file your Response: · Fill out Form SC-224, Response to Declaration of Default in Payment of Judgment. · Have your Response served on 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. 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 (the judgment debtor) can ask the court for permission to make payments. If the court agrees, the party 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 Response to Declaration of Default in Payment of Judgment (Small Claims) SC-224, Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com