Stanislaus — SC-224

Source: https://www.courts.ca.gov/documents/sc224.pdf

Response to Declaration of Default Clerk stamps here when form is filed. SC-224 in Payment of Judgment Important: If you disagree with a judgment creditor’s Declaration of Default in Payment of Judgment (form SC-223), you may file Response to Declaration of Default in Payment of Judgment (form SC-224) within 10 days after form SC-223 was mailed to you. Read page 2 before you fill out this form. 1 I am responding to Declaration of Default in Payment of Judgment (form SC-223). My name is: Mailing address: Fill in the court name and street address: Phone: Email (optional): Superior Court of California, County of 2 The plaintiff or defendant (judgment creditor) who filed the Declaration of Default is: Name: Mailing address: Fill in your case number and case name: Phone: Email (optional): Case Number:

3 I agree with the information in the Declaration of Default. Case Name: 4 I do not agree that the court ordered the payment schedule stated in item 4 of the Declaration of Default. (Describe your disagreement.)

5 I do not agree with the dates or amounts of the payments listed in item 5 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

6 The total amount of the payments that have been made on the judgment is $ , and the balance due,. without adding any interest after the judgment, is $ . 7 I agree that interest in the amount of $ (the amount listed in item 7 of the Declaration of Default) may be added to the balance of the judgment. I do not agree with the interest amount listed in item 7 of the Declaration of Default. I believe the correct amount of interest is $ , which I calculated as follows: 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 Sign here Judicial Council of California, www.courts.ca.gov Response to Declaration of Default SC-224, Page 1 of 2Rev, January 1, 2024, Optional Form Code of Civil Procedure, § 116.620; in Payment of Judgment Cal. Rules of Court, rule 3.2107 (Small Claims)

Default in Payments on Small Claims Judgment General Information If the court ordered that you may make payments on a To file your Response: judgment, and another plaintiff, defendant, or person • Fill out form SC-224, Response to Declaration of Default in to whom the judgment was assigned (judgment Payment of Judgment. creditor) has filed form SC-223, Declaration of Default • Have your Response served on all other plaintiffs andin Payment of Judgment, asking the court to order defendants in your case. (See form SC-112A, Proof ofthat the full balance is now due and collectible Service by Mail.)because you did not make the payments: • File your Response and Proof of Service with the• Read this form and the Declaration. small claims court clerk. • If you agree with the court ordering that the amounts claimed in the Declaration are now due in full, you do The court will mail all plaintiffs and defendants in not need to do anything. the case • If you do not agree with the Declaration or with the • A decision, or court ordering that the amounts it claims are now • A notice to go to a hearing. due in full, file a Response within 10 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. Answers to Common Questions When is the judgment due? When the court allows payments, the court often does not Unless the court orders otherwise, small claims judgments order any interest, as long as all payments are made in full are due immediately. If the judgment is not paid in full and on time. Unless the judgment creditor asks for interest within 30 days, the judgment creditor (party to whom the to be included in the order allowing payments, the money is owed) can take legal steps to collect any unpaid judgment creditor may lose any claims for interest. But if amount. (Collection may be postponed if an appeal or a the judgment debtor does not make full payments on time, request to vacate (cancel) or correct the judgment is filed.) interest on the missed payment or the entire unpaid principal. When can the judgment debtor make payments? A party who was ordered to pay a small claims judgment How do I calculate interest? (judgment debtor) can ask the court for permission to If you are asking for interest or disagreeing with a request make payments. If the court agrees, the party who is owed for interest, you need to explain your interest calculation. money (the judgment creditor) cannot take any other steps Interest may be added to the full unpaid balance of the to collect the money as long as the payments are made on judgment or only to payments that were not made on time. time. If payments are not made on time, the judgment To calculate interest, show the unpaid principal balance, creditor can ask the court to order that the remaining the dates and number of days you want the court to allow balance of the judgment is due and collectible. interest on that amount, and the total interest for that period. If payments were made, you will need to make Is interest added after the judgment? separate calculations for the reduced principal balance Interest is usually added to the unpaid amount of the after each payment. For more information on the applicable judgment from the date the judgment is entered until it is rate of interest and calculating the amount of interest, see paid in full. Interest can only be charged on the unpaid Information Sheet for Calculating Interest and Amount Owed amount of the judgment (the principal); interest cannot be on a Judgment (form MC-013-INFO). charged on any unpaid interest. If a partial payment is received, the money is applied first to unpaid interest and then to unpaid principal. Need help? For free help, contact your county’s small claims advisor: ? [local info here]

Or go to https://selfhelp.courts.ca.gov/small-claims-advisor

Rev. January 1, 2024 Response to Declaration of Default in Payment of Judgment SC-224, Page 2 of 2 (Small Claims) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form