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The CIV-130 form serves a crucial role in the California court system, specifically for notifying all parties involved about the entry of a judgment or order. This form is typically used in both unlimited and limited cases, depending on the amount involved, which can exceed $25,000 or be $25,000 or less. It ensures that the parties—plaintiffs or petitioners and defendants or respondents—are kept informed of important legal developments. In addition to notifying recipients of a judgment, the form also includes spaces for attorneys or parties without attorneys to record their contact information, including phone numbers, email addresses, and mailing addresses. The clear instructions for serving the notice are essential to maintain legal protocol; it's important that a party not involved in the action completes the proof of service. This detail ensures that the document delivery meets legal requirements, thereby protecting each party's rights in the proceedings. Attachments, such as copies of the judgment or order, must accompany the notice to provide full context. Overall, understanding the components and significance of the CIV-130 form is essential for anyone navigating the California court system.

Civ 130 Example

CIV-130

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

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

 

LIMITED CASE

(Amount demanded

 

(Amount demanded was

exceeded $25,000)

 

$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)

 

Page 1 of 2

 

 

Form Approved for Optional Use

www.courtinfo.ca.gov

Judicial Council of California

NOTICE OF ENTRY OF JUDGMENT OR ORDER

CIV-130 [New January 1, 2010]

 

CIV-130

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

PROOF OF SERVICE BY FIRST-CLASS MAIL

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 POS-030(P).)

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

CIV-130 [New January 1, 2010]

NOTICE OF ENTRY OF JUDGMENT OR ORDER

 

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

Form Characteristics

Fact Name Details
Form Purpose The CIV-130 form serves as a formal notice to all parties involved in a legal case, indicating the entry of a judgment or order.
Governing Law This form is governed by the California Rules of Court, specifically under the California Code of Civil Procedure.
Usage of the Form It can be used in both unlimited and limited cases, depending on the amount demanded in the action.
Service Requirement The notice must be served by a person who is not a party to the action, demonstrating the importance of impartial service.
Proof of Service The form includes a section for the proof of service, which is mandatory to confirm that the notice has been properly sent to all relevant parties.
Signature Requirement Both parties involved in the case, or their representatives, must sign the form to validate the notice.
Date of Entry It is essential to include the date when the judgement, decree, or order was entered to maintain an accurate legal timeline.

Guidelines on Utilizing Civ 130

Completing the Civ 130 form is an essential step to notify all parties involved of the entry of a judgment or order. Follow these steps carefully to ensure everything is filled out correctly.

  1. Enter Your Information: Start by filling in your name, State Bar number, and address at the top of the form.
  2. Contact Information: Provide your telephone number. Fax and email addresses are optional but can be included if desired.
  3. Attorney Information: If you are an attorney, specify who you are representing by writing their name under "Attorney for." If you are a party without an attorney, skip this step.
  4. Court Information: Fill in the name of the court, the street address, mailing address, city, and ZIP code.
  5. Case Details: Indicate if it's an unlimited case (over $25,000) or a limited case ($25,000 or less) by checking the appropriate box.
  6. Case Number: Enter the case number assigned by the court.
  7. Date of Judgment: Write in the date when the judgment, decree, or order was entered.
  8. Attach Documents: Make sure to attach a copy of the judgment, decree, or order to the form.
  9. Signature: Type or print your name and sign the form. This indicates you are verifying the information is correct.
  10. Proof of Service Section: If you're not a party in the action, provide your information in the proof of service section. This includes your age, residency or business address, and method of service.
  11. List Recipients: Fill in the names and addresses of individuals being served with the notice. Additional pages can be added if necessary.
  12. Declare Signature: Sign and date the declaration stating the information is true and correct.

After filling out the form, make sure to review everything for accuracy. Once completed, print the form for your records and follow the instructions provided to ensure proper submission and service to all parties involved.

What You Should Know About This Form

What is the CIV-130 form?

The CIV-130 form, officially known as the Notice of Entry of Judgment or Order, is used in California courts to notify parties involved in a case about a judgment, decree, or order that has been entered. This form helps ensure that all parties receive the necessary legal documents and can track the progress of a case.

Who needs to file the CIV-130 form?

What information is required on the CIV-130 form?

You will need to provide basic information such as your name, address, and contact numbers. Additionally, information about the plaintiff/petitioner and defendant/respondent must be included. The form also requires details about the judgment or order itself, including the date it was entered and whether it pertains to an unlimited or limited case.

How do I serve the notice using the CIV-130 form?

You cannot serve the notice yourself if you are a party in the case. Instead, someone who is not involved must complete the proof of service section. This person must fill out their information, confirm that they are at least 18 years old, and describe how the notice was mailed to the other parties involved.

Is there a specific way to mail the CIV-130 notice?

Yes, you should mail the notice using first-class mail. Ensure that you place the notice in a sealed envelope with the correct postage. The envelope can then be deposited with the United States Postal Service or placed for collection by your business, following their regular practices.

What if I want to keep my information private?

To protect your privacy, the CIV-130 form includes a "Clear This Form" button. After you finish filling it out, make sure to use this button to clear any personal information before printing or sharing the form.

What happens if I don't file the CIV-130 form?

If you fail to file the CIV-130 form, the other parties may not be officially notified about the judgment or order. This could lead to confusion or complications, as they may be unaware of important decisions affecting the case. It’s crucial to file this form to ensure that all parties are kept informed.

Can I use the CIV-130 form for cases outside of California?

The CIV-130 form is specific to California courts. If your case is in another state, you will need to look up and use the appropriate form that corresponds to that state’s court system. Each state has its own procedures and forms for notifying parties about judgments and orders.

Common mistakes

Completing the Civ 130 form can be straightforward, but many individuals make mistakes that could lead to delays or complications in their legal processes. One common mistake occurs when individuals check the wrong box regarding the type of case. It is essential to determine whether the case is unlimited or limited, as this distinction affects how the court processes the case. Failing to make the correct selection could lead to confusion about the nature of the case.

An additional error often made is neglecting to include essential contact information. The form requires the name, address, and telephone number of the attorney or the party representing themselves. If this information is missing or incorrect, the court may struggle to contact the person responsible for the case. As a result, individuals might miss important notifications or deadlines.

Another frequent mistake involves failing to provide proper proof of service. Individuals serving the notice must complete the proof of service section accurately. Incomplete or inaccurately filled-out service information can cause a court to question whether proper notification was given. This misstep can lead to further legal complications, including potential dismissal of the case.

People also sometimes forget to double-check their work before submitting the form. Soliciting assistance from someone familiar with filing procedures can eliminate errors. A last-minute review can catch mistakes related to dates, signatures, or additional attached documents. Overlooking these small details may seem minor but can have significant implications.

Lastly, individuals often fail to attach the required documents, such as a copy of the judgment or decree. The form clearly states that a copy must be attached, yet many overlook this key requirement. Without the necessary documentation, the court may reject the filing altogether, leading to further delays in resolving the case. Being thorough and attentive while completing the Civ 130 form is crucial for a smooth legal process.

Documents used along the form

The CIV-130 form, known as the Notice of Entry of Judgment or Order, is commonly utilized in legal proceedings within California's superior courts. It serves to officially notify all parties involved in a case that a judgment or order has been entered. However, this form is often accompanied by other important documents that facilitate the process. Below is a list of five key forms and documents that are frequently used alongside the CIV-130.

  • Proof of Service by First-Class Mail: This form confirms that the notice of entry has been sent to all parties involved. It details how, when, and to whom the notice was mailed, ensuring proper notification as required by court rules.
  • Declaration of Mailing: This document provides a sworn statement by the person who mailed the notice. It attests to the fact that the notice was sent out correctly and adheres to all legal requirements.
  • Judgment or Order Document: The actual judgment or order being referenced in the CIV-130 form is often attached. This document lays out the details of the court's decision and outlines any actions required by the parties involved.
  • Case Management Statement: This form is often submitted in civil cases to assist the court in managing the scheduling and progress of the case. It outlines significant details about the case and any pending issues that need to be resolved.
  • Notice of Motion: If a party wishes to challenge or change the judgment or order, they might file this notice. It sets the stage for any forthcoming motions related to the case, informing all parties about the request for judicial intervention.

Understanding these forms and documents is crucial for navigating the legal system effectively. Each plays a specific role in ensuring transparency and proper communication throughout the legal process. Having these materials organized and ready can significantly assist in managing cases efficiently within the court system.

Similar forms

  • Form CIV-120: Notice of Appeal - Similar to the CIV-130, the CIV-120 also informs parties involved about a significant legal decision. Both documents serve to notify and require specific signatures from involved parties, solidifying that everyone is aware of their legal standing.
  • Form CIV-110: Notice of Motion - Like the CIV-130, this form signals to parties that a motion has been filed. Both forms are essential for keeping all parties informed about court proceedings, ensuring transparency and compliance with court rules.
  • Form FL-140: Declaration of Disclosure - This form is used in family law, similar to how the CIV-130 is used in civil cases. Both are important for disclosure, helping parties understand the relevant documents and decisions affecting their cases.
  • Form CV-30: Certificate of Service - This document, like the CIV-130, verifies that pertinent documents have been served to all parties involved. Efficiency and clarity in communication of court actions are the goals shared by both forms.
  • Form UD-120: Judgment for Possession - This form relates to eviction processes, much like the CIV-130 notifies parties of judgment orders. Both are crucial in communicating final decisions in respective legal actions.
  • Form NC-100: Notice of Change of Address - While this form addresses changes in contact information, it is similar in its purpose of ensuring all parties are current and informed about relevant details. Both forms focus on clear communication among involved parties.
  • Form DV-130: Restraining Order After Hearing - This form is used in domestic violence cases but serves a similar purpose as the CIV-130. It informs involved parties of legal restrictions decided by the court, ensuring compliance and safety.
  • Form PLD-050: Complaint - This is the starting point of civil litigation, much like the intention behind the CIV-130, which follows up on the case’s progression. Both document crucial information about the case and notify involved parties.
  • Form DET-020: Notice of Petition to Conduct Foreclosure Sale - This form relates to foreclosure proceedings, echoing the CIV-130's purpose of notification. Both ensure that all affected parties are aware of significant actions that impact their rights and obligations.
  • Form MC-030: Request for Accommodations by Persons with Disabilities - While addressing accommodations, this document parallels the CIV-130 by ensuring that all parties are notified of special requests officially. Both forms aim to uphold rights and ensure fair access to legal proceedings.

Dos and Don'ts

When filling out the Civ 130 form, it’s vital to ensure your submission is correct and complete. Here’s a list of things you should and shouldn’t do:

  • Do read the instructions carefully before you begin filling out the form.
  • Do use black ink for handwritten entries to ensure clarity.
  • Do provide accurate names and addresses for all parties involved.
  • Do double-check the amount demanded to classify the case correctly.
  • Do ensure you have the date of the judgment readily available for entry.
  • Don't leave any required fields blank; incomplete forms may be rejected.
  • Don't use abbreviations; spell out everything clearly to avoid confusion.
  • Don't forget to sign the form before submission; an unsigned form is invalid.
  • Don't serve the Notice of Entry of Judgment yourself if you are a party in the action.
  • Don't forget to press the Clear This Form button after printing to protect your information.

Misconceptions

Misunderstandings about the Civ 130 form can lead to confusion and mistakes in legal proceedings. Below are ten common misconceptions, along with clarifications:

  1. Anyone can submit the Civ 130 form. Many believe that any individual involved in the case can file this form. However, the actual filing must be done by a non-party individual to avoid conflicts of interest.
  2. The Civ 130 form is only for certain types of cases. Some think it applies solely to limited cases. In truth, it is designed for both unlimited and limited cases, depending on the amount claimed.
  3. The filing of the Civ 130 form guarantees receipt of judgment. It is a common misconception that submitting this form ensures that all involved parties will automatically receive judgment information. In reality, it serves as a notice but does not confirm receipt.
  4. The form must be notarized. Some may assume the Civ 130 requires notarization. This is incorrect; it simply needs to be signed by the person serving the notice.
  5. It’s sufficient to email the Civ 130. With the rise of electronic communication, confusion exists regarding whether emailing suffices. The form consistently requires physical mailing through the U.S. Postal Service.
  6. Proof of service is optional. While some individuals think that providing proof of service isn't necessary, it is mandatory. The serving party must complete this section accurately.
  7. The Clear This Form button erases all information. There is a belief that pressing this button might delete all data saved. It is intended primarily for ensuring others do not view entered information, but it does not create permanent deletions.
  8. Only a lawyer can file the form. Many assume that only attorneys have the authority to submit the Civ 130. In fact, a party without an attorney may also file it, as long as they follow proper protocol.
  9. All parties must receive a copy of the form. Some think that the Civ 130 must be sent to every participant in the case. Typically, it is sufficient to send it to the main parties involved in the action.
  10. Once filed, it cannot be corrected. There is a misconception that if mistakes are made, the form cannot be amended. However, it is possible to correct any errors or omissions by filing an amended notice.

Understanding these points can help to navigate the legal process more effectively. Knowledge of your responsibilities will ensure compliance, leading to smoother proceedings.

Key takeaways

Filling out the Civ 130 form, which serves as a Notice of Entry of Judgment or Order in California, involves several important steps. Here are some key takeaways to guide individuals through the process:

  • Understanding the Purpose: The Civ 130 form is used to notify parties involved in a court case about a judgment, decree, or order that has been entered.
  • Who Can Use the Form: It is important to note that the person serving the notice cannot be a party to the action. This ensures impartiality in the notification process.
  • Information Required: Fill in necessary details such as your name, contact information, and the specific parties involved in the case. Accurate information is crucial to avoid delays.
  • Service Method: The form requires proof of service by first-class mail. You must choose a method for mailing the notice and keep records of this service.
  • Attach Relevant Documents: A copy of the judgment, decree, or order being referenced must be attached to the notice. This provides clarity and context for the receiving parties.
  • Sign and Date: The declarant, who is responsible for serving the notice, must sign and date the form. This adds a level of authenticity to the document.
  • Clear Personal Information: For your protection, always remember to press the 'Clear This Form' button once you have completed the form. This ensures that sensitive information is not left accessible.
  • Keep Copies: Retain copies of the completed form and the judgment being served. These documents are important for your records and future reference.
  • Check for Updates: Since court forms can be revised, it's a good practice to ensure you are using the most current version of the Civ 130 form before submitting it.