回复：sc105,sc135 区别?

SC-105 - Request for Court Order and Answer
http://www.courtinfo.ca.gov/forms/fillable/sc105.pdf


SC-135 - If you are being sued -- and you did not go to your hearing -- you can use this form
http://www.courtinfo.ca.gov/forms/fillable/sc135.pdf

Please also read this

http://www.dca.ca.gov/publications/small_claims/judgment.shtml



Setting Aside a Judgment Against a Party Who Didn't Come to the Hearing


If a judgment is entered against a non-appearing party, the non-appearing party can ask the court to set aside, or vacate, the judgment in certain circumstances.

If the plaintiff doesn't appear at the hearing, and a judgment is entered against the plaintiff, the plaintiff has 30 days after the date of the clerk's mailing of the Notice of Entry of Judgment (Form SC-130) to ask the small claims court to set aside the judgment and hold another hearing. To make this request, the plaintiff must file a Notice of Motion to Vacate Judgment (Form SC-135) and explain why the plaintiff didn't appear at the hearing. A hearing to consider the request will then be held. (The word "motion" means "request," and the words "notice of motion" mean that the person giving the notice desires to make a request.) The request to vacate (set aside) the judgment may be granted, but only if the judge finds good cause for the plaintiff's not attending the hearing. If the request is granted, most courts will hold the hearing on the plaintiff's claim immediately, so both parties must attend that hearing and be prepared to present their cases.

If the defendant does not appear at the hearing, similar rules apply. A defendant who doesn't appear must first ask the small claims court to vacate (set aside) the judgment. If the defendant was properly served, the defendant must file a Notice of Motion to Vacate Judgment (Form SC-135) within 30 days after the date the court mailed the Notice of Entry of Judgment (Form SC-130). The Notice of Motion to Vacate Judgment (Form SC-135) should be completed to show why the defendant didn't appear at the hearing. A hearing to consider the request will then be held. The request to vacate (set aside) the judgment may be granted, but only if the judge finds good cause for the defendant's not attending the hearing. In that event, most courts will hear and decide the plaintiff's claim immediately, without rescheduling it. For that reason, both parties should attend and be prepared to present their claims and defenses.

If the defendant wasn't properly served with the plaintiff's claim, the defendant has up to 180 days after learning that the judgment was entered to file a Notice of Motion to Vacate Judgment (Form SC-135). A hearing to consider the request will then be held. If the court determines (1) that the defendant was not properly served, and (2) that the request to vacate the judgment was filed within 180 days after the defendant either discovered the judgment, or should have discovered the judgment, the defendant's motion will be granted. If both parties are present, and both parties agree that the case can be heard at that time, the case will be heard without rescheduling it. If both parties do not give their consent, the case will be set for hearing on a later date.

If the defendant's motion to vacate the judgment is granted, the case is re-heard by the small claims court, either then or later. If the defendant's motion is denied, the defendant has 10 days from the date of the denial (or of the mailing of the notice of denial) to obtain a review of the denial by another judge (one designated to hear small claims court appeals). The defendant's request is registered by filing with the small claims court a Notice of Appeal (Form SC-140). The new judge only decides if the original judge was correct in denying the defendant's motion to vacate the judgment, and does not decide the case again.

所有跟帖： 

• 多谢老猫,另外 -wawjj- ♀ (373 bytes) () 11/30/2009 postreply 16:03:56

• 老貓又不在加州,您這是真正問錯人了. -單身老貓- ♂ (662 bytes) () 11/30/2009 postreply 20:11:12

• 回复：老貓又不在加州,您這是真正問錯人了. -wawjj- ♀ (8 bytes) () 12/01/2009 postreply 12:22:03