File #: 23-133    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/20/2023 In control: Judicial Council
On agenda: 9/19/2023 Final action: 9/19/2023
Title: Rules and Forms | Civil Practice and Procedure: Form Revisions to Implement Senate Bill 1200 (Action Required)
Attachments: 1. 20230919-23-133

Title

Title

Rules and Forms | Civil Practice and Procedure: Form Revisions to Implement Senate Bill 1200 (Action Required)

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Summary

Summary

The Civil and Small Claims Advisory Committee recommends revising ten Judicial Council forms and revoking one form to implement statutory changes made by Senate Bill 1200 (Stats. 2022, ch. 883), enacted September 30, 2022. SB 1200 limits the ability of a judgment creditor to renew or bring an action on a money judgment and lowers the applicable rate of postjudgment interest where the judgment and unsatisfied principal amount of the judgment meet certain criteria. The recommended revisions to the forms implement these statutory changes.

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Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2024:

1.                     Revise the following forms to add information about the applicable postjudgment interest rates and renewal terms for money judgments that meet criteria specified by SB 1200, and to revise information about the deadline for judgment debtors to file a motion to vacate or modify a renewal of judgment:

                     Application for and Renewal of Judgment (form EJ-190)

                     Notice of Renewal of Judgment (form EJ-195)

                     Judgment (form JUD-100)

                     Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest (form MC-012)

                     Information Sheet for Calculating Interest and Amount Owed on a Judgment (form MC-013-INFO)

                     Notice of Entry of Judgment (form SC-130)

                     Notice of Entry of Judgment (form SC-200)

                     Request to Make Payments (form SC-220)

                     Declaration of Default in Payment of Judgment (form SC-223)

                     Response to Declaration of Default in Payment of Judgment

(form SC-224)

2.                     Revoke Payments in Small Claims Cases (form SC-220-INFO) because it is identical to the second page of form SC-220.

 

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