Article Guide
The Civ 130 form serves a critical function in the legal process within the State of California. It specifically alerts all parties involved when a judgment, decree, or order has been issued by the court. When completing this form, the parties must provide essential information including their names, contact details, and the relevant case number. This form differentiates between unlimited and limited cases, based on the amount demanded, ensuring that the correct procedures are followed according to the specifics of the case. Moreover, the Civ 130 mandates that a copy of the judgment or order be attached, thereby establishing a clear communication of the court's decision. Additional sections on the form address the proof of service by first-class mail, emphasizing the requirement that the notice be served by an individual who is neither a party to the case nor under the age of 18. This careful approach ensures that all involved parties receive timely and verified updates on the progression of their legal matter, thus promoting fairness and transparency in judicial proceedings.
Form Sample
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: |
FAX NO. (Optional): |
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ATTORNEY FOR (Name): |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
FOR COURT USE ONLY
To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished.
(Check one):
NOTICE OF ENTRY OF JUDGMENT
OR ORDER
UNLIMITED CASE |
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LIMITED CASE |
(Amount demanded |
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(Amount demanded was |
exceeded $25,000) |
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$25,000 or less) |
CASE NUMBER:
TO ALL PARTIES :
1. A judgment, decree, or order was entered in this action on (date):
2.A copy of the judgment, decree, or order is attached to this notice.
Date:
(TYPE OR PRINT NAME OF
ATTORNEY
PARTY WITHOUT ATTORNEY) |
(SIGNATURE) |
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Page 1 of 2 |
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Form Approved for Optional Use |
www.courtinfo.ca.gov |
Judicial Council of California |
NOTICE OF ENTRY OF JUDGMENT OR ORDER |
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PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
PROOF OF SERVICE BY
NOTICE OF ENTRY OF JUDGMENT OR ORDER
CASE NUMBER:
(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete this proof of service.)
1.I am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify):
2.I served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one):
a.
b.
deposited the sealed envelope with the United States Postal Service.
placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service.
3.The Notice of Entry of Judgment or Order was mailed:
a.on (date):
b.from (city and state):
4.The envelope was addressed and mailed as follows:
a.Name of person served:
Street address: City:
State and zip code:
b.Name of person served:
Street address: City:
State and zip code:
c.Name of person served:
Street address: City:
State and zip code:
d.Name of person served:
Street address: City:
State and zip code:
Names and addresses of additional persons served are attached. (You may use form
5. Number of pages attached ______.
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 OF DECLARANT) |
(SIGNATURE OF DECLARANT) |
Page 2 of 2
NOTICE OF ENTRY OF JUDGMENT OR ORDER |
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For your protection and privacy, please press the Clear This Form
button after you have printed the form.
Save This Form
Print This Form
Clear This Form
Document Specifications
| Fact Name | Fact Details |
|---|---|
| Form Purpose | The CIV-130 form is used to provide notice of entry of judgment or order in California superior courts. |
| Governing Law | This form is governed by California Rules of Court, specifically Rule 8.104. |
| Required Information | Parties must provide contact details, including names, addresses, phone numbers, and email addresses when applicable. |
| Judgment Types | Users must indicate whether their case is a limited case (amount demanded of $25,000 or less) or an unlimited case (amount exceeds $25,000). |
| Service of Notice | The person serving the notice must not be a party to the action, ensuring impartiality in the process. |
| Proof of Service | A proof of service section must be completed, detailing how and when the notice was served. |
| Attachments | A copy of the judgment, decree, or order must be attached to the notice of entry. |
| Privacy Reminder | To protect privacy, users are advised to clear the form after completing and printing it. |
Steps to Filling Out Civ 130
Filling out the CIV-130 form requires careful attention to ensure that all necessary information is accurately provided. This form outlines key details regarding a judgment, decree, or order, which are essential for notifying other parties involved in a legal action. Follow these steps closely to complete the form effectively.
- At the top of the form, enter the name of the attorney or party without an attorney, including the State Bar number and full address.
- Fill in the telephone number, fax number (if applicable), and email address (if applicable) of the attorney or party.
- Indicate the attorney’s name for whom the form is being filed.
- Provide the street address, mailing address, city, and ZIP code of the Superior Court of California where the action was filed.
- Identify yourself as either the plaintiff/petitioner or defendant/respondent and fill in the respective names accordingly.
- Check the appropriate box to specify whether the case is an unlimited case (amount demanded exceeds $25,000) or a limited case (amount demanded is $25,000 or less).
- Enter the case number associated with this action.
- State the date when the judgment, decree, or order was entered into the action.
- Attach a copy of the judgment, decree, or order to the form. Confirm this by noting that the copy is attached.
- Sign and date the form, typing or printing your name where indicated.
Once the above steps are completed, review the form for accuracy. Ensure that you keep copies of the filled-out form for your records. It's important to correctly follow any specific requirements related to service and filing as outlined by your local court. After printing the final version of the form, do not forget to press the "Clear This Form" button to protect your privacy.
More About Civ 130
What is the purpose of the Civ 130 form?
The Civ 130 form, also known as the Notice of Entry of Judgment or Order, informs all parties involved in a court case that a judgment or order has been issued. This notice serves to officially communicate the outcome of the case and ensures that all affected parties are aware of the judgment. It is crucial for maintaining transparency in legal proceedings.
Who is responsible for serving the Civ 130 form?
The responsibility for serving the Civ 130 form lies with someone who is not a party to the action. This person must be at least 18 years old and must either reside or be employed in the county where the mailing occurs. This individual will complete the proof of service section to confirm that the notice was sent appropriately to all required parties.
What information is needed to complete the Civ 130 form?
To complete the Civ 130 form, you will need to include details about the parties involved in the case, such as the names of the plaintiff, defendant, and their respective addresses. Additionally, you must specify whether the case is unlimited or limited based on the amount demanded. Finally, the date of the judgment and the names and addresses of those served must be filled in as well.
What should you do after filling out the Civ 130 form?
Once you have filled out the Civ 130 form, it is important to take a few steps to ensure its proper handling. First, print the form and then press the "Clear This Form" button to protect your privacy. After printing, the completed form should be served to all necessary parties, and a proof of service must be filed with the court to confirm that all individuals were notified about the judgment.
Common mistakes
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Incomplete Information: Many people fail to fill out all necessary fields on the form. Ensure that every section, including your name, address, and case number, is completed accurately.
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Incorrect Case Type Selection: It's essential to choose between "Unlimited Case" and "Limited Case." Misidentifying the type of case could lead to delays or complications in processing your form.
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Missing Signature: Forgetting to sign the form is a common mistake. Without a signature, the document may be deemed invalid.
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Neglecting Proof of Service: If you are a party involved in the case, you cannot serve the notice yourself. It’s crucial to have a different individual complete the proof of service section.
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Improper Address Formatting: Ensure that all addresses are written clearly and correctly. Mistakes in the format can result in notices being sent to the wrong location.
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Not Keeping a Copy: Some individuals forget to make a copy of the completed form for their records. Always keep a copy for future reference.
Documents used along the form
The Civ 130 form is commonly used in California to formally notify parties involved in a court case about the entry of a judgment or order. Alongside this form, several other documents may be necessary to complete the legal process. Below are some important forms and documents that are often used in conjunction with the Civ 130.
- Proof of Service (POS-030): This form verifies that the Notice of Entry of Judgment or Order was successfully delivered to all relevant parties. It includes details about the sender and the recipients, ensuring everyone is informed about the judgment.
- Judgment (form varies by case): This document outlines the official decision made by the court. It details the terms of the judgment, such as any monetary awards or instructions for the parties involved. A copy typically accompanies the Civ 130 form.
- Order to Show Cause (OSC): If additional action is required after the judgment, like enforcing it, an OSC may be filed. This document requests a hearing where parties must explain why the court should or should not take a certain action.
- Notice of Appeal (form varies by case): If a party disagrees with the judgment, they can file this notice to begin the process of appealing the court's decision. It must be submitted within a specific time frame after the judgment is entered.
- Memorandum of Costs (MC-010): This is used to recover costs associated with legal proceedings. After a judgment, a party may file this document to claim reimbursement for expenses incurred during the case.
Understanding these additional forms can help ensure you navigate through the legal system more effectively. Each document plays a critical role in maintaining clear communication and formalizing the actions taken during a case.
Similar forms
The Proof of Service form, commonly used in various legal proceedings, functions similarly to the Civ 130 form. It documents the delivery of legal documents, ensuring that all parties involved in a case are adequately informed. This form requires explicit details about how the documents were served, such as the date, method, and recipients. Like the Civ 130, it emphasizes the importance of formal communication between parties, acting as a record of due process. The completion of both forms involves the affirmations of responsible parties, underscoring their role in the judicial process.
The Notice of Appeal form is another document with similarities to the Civ 130. It initiates the appeal process after a judgment or order has been entered, ensuring that the opposing party and the court are aware of the intent to contest a decision. This form typically requires essential details about the original case, the parties involved, and the specific order being appealed. Both the Notice of Appeal and the Civ 130 serve as formal notifications to related parties, highlighting critical timelines and procedural requirements. They play a crucial role in maintaining the transparency of legal proceedings.
The Judgment form is fundamental to legal processes and parallels the Civ 130 in its function. It officially records the outcome of a trial or hearings, summarizing the decisions made by the court. Like the Civ 130, where a copy of the judgment is attached, the Judgment form typically encompasses necessary identifiers such as case numbers and involved parties. Each document acts to finalize and communicate resolutions to all parties, reinforcing the importance of documented judgments in the legal framework and the necessity for parties to acknowledge the outcomes of their cases.
The Civil Case Management Statement is similarly structured to the Civ 130, providing a summary of the case status to the court. This document is often used prior to trial and includes details like the nature of the case, relief sought, and any pending motions or discovery issues. Both the Civil Case Management Statement and the Civ 130 share the responsibility of keeping all parties informed about the case developments. They ensure that court resources are utilized efficiently, fostering an organized and transparent judicial process.
The Request for Entry of Default form is analogous to the Civ 130 and is utilized in scenarios where a party fails to respond to a complaint. It formally requests that the court recognize the non-responsive party as being in default, thereby expediting legal proceedings. Though the contexts differ slightly, both documents underscore the importance of timely communication with the court. They provide established methods for ensuring that legal processes are not delayed, thus reinforcing the need for prompt responses to court actions.
Dos and Don'ts
When filling out the CIV-130 form, it is important to follow specific guidelines to ensure the form is completed accurately and efficiently. Here are four things you should and shouldn't do:
- Do provide accurate contact information, including your name, address, and any optional details like email or fax.
- Do check off the correct case type: unlimited or limited case.
- Don't forget to press the "Clear This Form" button after completing your entry to protect your privacy.
- Don't serve the Notice of Entry if you are a party in the action; this must be done by someone else.
Misconceptions
- Misconception 1: The Civ 130 form is only for attorneys.
- Misconception 2: You need to be a legal expert to fill out the Civ 130 form.
- Misconception 3: This form is only relevant in unlimited cases.
- Misconception 4: You can serve the Notice of Entry of Judgment or Order yourself.
- Misconception 5: The form does not need to be mailed if you're serving electronically.
- Misconception 6: You don't need to keep a copy of the proof of service.
- Misconception 7: There's no penalty for incorrectly filling out the form.
- Misconception 8: The form is valid even if it lacks signatures.
- Misconception 9: Once you submit the Civ 130, you're finished.
This form can be used by both attorneys and individuals representing themselves in legal matters. It accommodates anyone who needs to notify parties of a judgment or order.
While legal knowledge is helpful, many people can fill out the form by following the instructions provided. Clarity in your information goes a long way.
The Civ 130 form is applicable in both unlimited and limited cases, which include those with amounts demanded over $25,000 and those at $25,000 or less.
Only a person who is not a party to the action can serve the notice. This ensures neutrality in the notification process.
The Civ 130 specifically mentions the use of first-class mail for service. While electronic filings are common, this notice must go through traditional mail.
It is important to maintain records of your proof of service. This serves as evidence that all parties were properly notified.
Providing inaccurate information can lead to delays or complications in your case. Accuracy is crucial to avoid any legal repercussions.
The completed form must include proper signatures. An unsigned form can be deemed incomplete, making it invalid.
Filling out the form is only part of the process. Following up and ensuring all parties received the notice is crucial for it to be effective.
Key takeaways
When filling out and utilizing the Civ 130 form, keep the following key takeaways in mind:
- Identify the Correct Parties: Ensure that you accurately list the names of the plaintiff/petitioner and defendant/respondent. This is crucial for the court's acknowledgment and future communications.
- Judgment/Order Details: Clearly indicate the date when the judgment, decree, or order was entered. This information helps establish important timelines in your case.
- Attach Documentation: Always attach a copy of the judgment, decree, or order to the notice. The court requires this as part of the formal notification process.
- Proof of Service: When serving the notice, be aware that you cannot serve it if you are a party in the action. A third party must complete the proof of service to ensure compliance with rules.
- Maintain Privacy: After completing the form, remember to press the "Clear This Form" button to protect your personal information from being inadvertently shared.
By paying attention to these details, the process of using the Civ 130 form can be smoother and more efficient for all involved.