San Francisco — Checklist for Court Judgment - Auto Deficiency

Source: https://sf.courts.ca.gov/system/files/sfciv-001-checklist-court-judgment-auto-deficiency.pdf

Superior Court of California COUNTY OF SAN FRANCISCO

400 McAllister Street, San Francisco, CA 94102 Phone: 415-551-4000 | Website: https://sfsuperiorcourt.org

CHECKLIST FOR COURT JUDGMENT – AUTO DEFICIENCY JUDGMENT

Overview: What Is a Deficiency Balance?

Your lender can repossess your vehicle for failure to make payments towards the vehicle. Once repossessed, the lender sells the property, usually at an auction. After the item is sold, the sale price is subtracted from what you owe the lender. If the proceeds from the sale do not cover the total of what you owe the lender (they rarely do) you may be liable for the balance, called a deficiency or a deficiency balance.

Checklist for Court Judgment – Auto Deficiency Judgment

Case Number: Defendant(s) against whom Judgment sought:

1. Proper Venue – Buyer resides in SF or did when contract signed ☐ Yes ☐ No

2. Complaint alleges – Contract entered on (date):

3. Contract breached on (date):

4. All co-defendants including DOES have been defaulted or dismissed ☐ Yes ☐ No
A. If NOT, is there a Declaration (dated: ) explaining why all
codefendants have not been dismissed or defaulted? ☐ Yes ☐ No

5. Was original contact for Sale or Loan? ☐ Sale ☐ Loan

6. If no original contract, is there a Declaration of Unavailability? ☐ Yes ☐ No

7. Is there a “Notice of Intent to Resell” after repossession? ☐ Yes ☐ No

8. Was “Notice of Intent to Resell” mailed to all co-signors of contract? ☐ Yes ☐ No

9. Was contract for sale? ☐ Yes ☐ No
A. Is there a Proof of Service (POS) or certified mail receipt? ☐ Yes ☐ No
B. Was POS mailed or personally served 15 days before resale? ☐ Yes ☐ No
C. Was POS or certified mail receipt within 60 days after repossession? ☐ Yes ☐ No

CHECKLIST FOR COURT JUDGMENT- AUTO DEFICIENCY JUDGMENT

SFCIV-001 Rev. Mar-12-2020

Case Number:

10. Was contract for a loan? ☐ Yes ☐ No
A. Is there a signed and dated Declaration of Mailing? ☐ Yes ☐ No
B. Was Declaration mailed at least 5 days before resale? ☐ Yes ☐ No
C. Is there a Declaration that resale was published by an ad in newspaper at least 5 days
before resale? ☐ Yes ☐ No

11. Is there a Deficiency Judgment Declaration? ☐ Yes ☐ No
A. Was Declaration dated and signed under penalty of perjury? ☐ Yes ☐ No
B. Was the original contract balance on the Deficiency Judgment? ☐ Yes ☐ No
C. Declaration same as amount in the original sale contract? ☐ Yes ☐ No

12. Was Prejudgment interest requested? ☐ Yes ☐ No
(____% x __________principal ÷ 365 days from breach to Judgment = interest)

Amount of Interest Awarded: $

13. Costs
Requested Awarded

Filing fee $ $ Process server $ $ Process service is ☐ registered ☐ exempt Other costs $ $ (Define: ) Total Costs Awarded: $

14. Attorney Fees
Requested Awarded

Attorney fees $ $ Amount on principal by Court schedule: $ Is there a justifying Declaration if more than schedule? ☐ Yes ☐ No Total Attorney Fees Awarded: $

15. Is Plaintiff’s calculation on the form worksheet correct? ☐ Yes ☐ No

Date: Signature Printed Name:

FOR COURT USE ONLY

Date: Clerk:

CHECKLIST FOR COURT JUDGMENT- AUTO DEFICIENCY JUDGMENT

SFCIV-001 Rev. Mar-12-2020