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The SC-112A form serves a critical function in the small claims court process by facilitating proof of service by mail. Completing this form is essential whenever a party must demonstrate that certain legal documents have been sent to others involved in the case. The form requires basic information about the server, including their name and address, as well as details about the documents being served. These documents encompass a range of important forms, such as the SC-105 Request for Court Order and Answer and the SC-221 Response to Request to Make Payments. Notably, the form cannot be used for all types of documents, so understanding its limitations is key. The server must be an individual who is not a party to the case, at least 18 years old, and reside or work in the same county where the mailing occurs. By accurately filling out and submitting SC-112A, a party can fulfill their obligation to inform others of court-related actions while ensuring compliance with court rules and procedures.

Sc 112A Example

SC-112A Proof of Service by Mail

Case Number:

See instructions on other side.

 

þ This form is attached to the document checked in

2 below.

 

 

 

 

 

1

Server’s information

 

 

Phone:

 

 

 

 

 

 

Name:

 

 

 

 

 

 

 

 

 

 

 

Street or mailing address:

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

State:

 

 

Zip:

 

 

Check here if you are a registered process server, and write:

 

 

 

 

 

 

County where registered:

 

 

Registration #:

 

 

2

Form or document served

 

 

 

 

 

 

 

 

 

 

a.

Form SC-105, Request for Court Order and Answer

 

 

 

 

 

 

b.

Form SC-109, Authorization to Appear

 

 

 

 

 

 

 

 

 

 

c.

Form SC-114, Request to Amend Claim Before Hearing

 

 

 

 

 

 

d.

Form SC-133, Judgment Debtor’s Statement of Assets

 

 

 

 

 

 

e.

Form SC-150, Request to Postpone Trial

 

 

 

 

 

 

 

 

 

 

f.

Form SC-221, Response to Request to Make Payments

 

 

 

 

 

 

g.

Other document allowed to be served by mail

(specify):

 

 

 

 

 

Check here if there is not enough space below to list the document served. List the document on a separate page, and write “SC-112A, Item 2” at the top.

3Server’s declaration

a.I am 18 or older. I am not a party to this small claims case. I live or work in the county where I did the mailing described below.

b.I placed copies of the document checked in 2 and an unsigned copy of this page in a sealed envelope, addressed as follows:

Check here if there is not enough space below to list all parties served. List their names and addresses on a separate page, and write “SC-112A, Item 3” at the top.

Name of party served

Mailing address on the envelope

 

 

 

 

 

 

 

 

 

 

 

 

c. On (date of mailing):

 

I placed each envelope in the mail, with postage paid, at

(city and state of mailing):

 

 

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date:

Server signs here

Type or print server s name

Judicial Council of California, www.courts.ca.gov New July 1, 2010, Optional Form

Cal. Rules of Court, rule 3.2107

Proof of Service by Mail

SC-112A

(Small Claims)

Instructions for Form SC-112A, Proof of Service by Mail

(This page is not part of the Proof of Service and does not need to be copied, served, or filed.)

Form SC-112A can be used to show the court that these documents were served by mail:

Form SC-105, Request for Court Order and Answer

Form SC-109, Authorization to Appear

Form SC-114, Request to Amend Claim Before Hearing

Form SC-133, Judgment Debtor’s Statement of Assets

Form SC-150, Request to Postpone Trial

Form SC-221, Response to Request to Make Payments

Other documents that are allowed to be served by mail

Form SC-112A cannot be used to prove service of these forms:

Form SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court

Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court

For information about serving these forms, see Form SC-104, Proof of Service, and Form SC-104B, What Is “Proof of Service”?

The server (the person who will do the mailing):

Must not be a party (plaintiff or defendant) in the case

May be a friend, relative, co-worker, or other helpful person

Must be 18 or older

Must live or work in the county where the mailing takes place

Follow these steps to use Form SC-112A:

1. Prepare Form SC-112A by filling in:

• The case number

• The document to be served, in item 2 *

The names and addresses of the parties to be served, in item 3 *Prepare a separate Form SC-112A for each document to be served.

2.Give the server:

The partially completed Form SC-112A

One copy of the document to be served for each party to be served

3.Ask the server to:

Fill out the remainder of the Form SC-112A.

Mail each party to be served:

-An unsigned copy of the completed Form SC-112A and

-The document to be served (checked in Item 2 ).

Sign a separate Form SC-112A for each document served, and give it to back you.

4.File these papers with the small claims court clerk:

The original of each document served, with

The signed, original Proof of Service by Mail attached

?Need help?

For free help, contact your county’s Small Claims Advisor:

Or go to “County-Specific Court Information” at www.courtinfo.ca.gov/selfhelp/smallclaims.

New July 1, 2010

Instructions for Proof of Service by Mail

 

 

 

 

 

 

 

 

(Small Claims)

 

 

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

Save this form

SC-112A

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Form Characteristics

Fact Name Details
Form Purpose The SC 112A form is used to prove that certain documents were served by mail in small claims cases.
Eligible Documents Documents that can be served include Form SC-105, SC-109, SC-114, SC-133, SC-150, and SC-221.
Server Requirements The server must be at least 18 years old, not a party in the case, and live or work in the mailing county.
Filing Instructions The signed SC 112A must be filed with the original documents served at the small claims court.
Governing Law Form SC-112A is governed by California law, specifically Cal. Rules of Court, rule 3.2107.

Guidelines on Utilizing Sc 112A

Completing the SC-112A form is a necessary step in the small claims process, as it documents that certain legal papers have been served by mail. This guide provides the steps you need to follow to fill out the form accurately and efficiently.

  1. Prepare the SC-112A form by entering the following:
    • The case number.
    • The document to be served in item 2.
    • The names and addresses of each party to be served in item 3.
  2. Give the partially completed SC-112A form to the server along with:
    • One copy of the document to be served for each party.
  3. Instruct the server to:
    • Complete the remaining sections of the SC-112A form.
    • Mail each party:
      • An unsigned copy of the completed SC-112A form.
      • The document specified in item 2.
    • Sign a separate SC-112A form for each document served and return it to you.
  4. File the following documents with the small claims court clerk:
    • The original of each document served.
    • The signed, original SC-112A Proof of Service by Mail form.

By following these steps, you will ensure that the SC-112A form is filled out correctly, allowing you to proceed with your small claims case. Make sure all information is accurate and check for any missing details before submission.

What You Should Know About This Form

What is the purpose of Form SC-112A?

Form SC-112A is used to confirm that specific documents have been served by mail in small claims cases. It acts as proof that the server has mailed important documents to the designated parties involved in a case. By using this form, individuals can demonstrate to the court that proper procedure was followed in serving the documents as required by law.

Who can serve documents using Form SC-112A?

The person serving the documents must be at least 18 years old and cannot be a party in the case. This means that they should not be the plaintiff or defendant. The server may be a friend, relative, co-worker, or another individual who is willing to help. Additionally, the server must live or work within the county where the mailing takes place to ensure compliance with local regulations.

What types of documents can be served using Form SC-112A?

Form SC-112A can be used for various documents in small claims cases, including: Form SC-105 (Request for Court Order and Answer), Form SC-109 (Authorization to Appear), and Form SC-150 (Request to Postpone Trial), among others. However, it is important to note that this form cannot be used for certain documents like Form SC-100 (Plaintiff’s Claim and ORDER) and Form SC-120 (Defendant’s Claim and ORDER). If a different document needs to be served, it may be necessary to use another form.

What steps are involved in completing Form SC-112A?

To complete Form SC-112A, follow these steps: First, fill in the case number and the specific document to be served. Next, provide the names and addresses of all parties being served. If additional documentation needs to be included, ensure to list it on a separate page. After preparing the form, give it and a copy of the document to be served to the server. They will then need to complete the form, mail the documents, and sign the form as proof of service. Lastly, file the original documents and the signed form with the small claims court clerk to finalize the process.

Common mistakes

Filling out the SC-112A form incorrectly can lead to complications in court. Many individuals encounter several common mistakes when completing this proof of service by mail. Understanding these pitfalls can streamline the process.

One frequent mistake is neglecting to include the correct case number. This number is essential for the court to track documents pertinent to specific cases. Omitting or miswriting the case number can delay proceedings.

Another error involves not properly identifying the document served. In Item 2, individuals must select the correct form from a list. Misidentifying the document can result in the court not recognizing the service as valid, which may undermine your case.

Some people also forget to provide complete server’s information. The law requires that individuals filling out this form provide their name, address, and contact details. Incomplete information can lead to questions about the validity of the service.

A common oversight occurs with server declaration requirements. The server must confirm they are over 18 and not a party to the case. Failing to meet these basic criteria could lead to challenges regarding the legitimacy of the service.

Inaccurate addresses for parties served is another typical mistake. The addresses must be precise; otherwise, the court may determine that service was not properly executed. Always double-check the mailing addresses provided.

Individuals may also run into issues when listing multiple parties served. If there is insufficient space, they should attach a separate page and label it correctly. Those who do not follow this instruction may face rejection of the form.

The date of mailing is a critical element that people sometimes overlook. A missing or incorrect date can raise doubts about when the documents were sent, affecting court timelines and processes.

Additionally, signatures play a crucial role. The form requires a signature from the server. Without this signature, the court will not accept the Proof of Service.

Lastly, individuals often fail to keep a copy of the completed form for their records. Retaining a copy is crucial in case of future disputes or inquiries regarding the service. This oversight can complicate communication with the court.

Avoiding these common mistakes will help ensure that your SC-112A form is filled out correctly, facilitating smoother interactions with the court.

Documents used along the form

When preparing to serve documents in a small claims case, specifically with the SC-112A form, it's essential to know what other forms may accompany it. Understanding these additional documents can help streamline the process and ensure all necessary information is accurately provided.

  • Form SC-105: This is a Request for Court Order and Answer. It's submitted to the court when requesting a specific order and provides the necessary response to the case.
  • Form SC-109: This Authorization to Appear allows someone other than the party to represent them in court. It’s important for those who require assistance from a representative.
  • Form SC-114: The Request to Amend Claim Before Hearing is used when a party wants to change their claim or response before a scheduled hearing. It's crucial for keeping claims accurate.
  • Form SC-133: Judgment Debtor’s Statement of Assets is required for a judgment debtor to disclose their assets. This helps assess their ability to pay any judgment.
  • Form SC-150: This is a Request to Postpone Trial. If a party cannot attend the trial date, this form requests the court to delay it for valid reasons.
  • Form SC-221: The Response to Request to Make Payments is used by defendants to respond to payment arrangements proposed by a judgment creditor.
  • Other documents: Depending on the case specifics, additional documents may also be served by mail, which should be listed if there isn't enough space on the SC-112A form.

Taking the time to understand these documents can greatly assist in navigating the small claims process. Each form plays a distinct role in ensuring that your case progresses smoothly and that all parties are adequately informed. Properly preparing and serving these documents is key to your success in small claims court.

Similar forms

  • SC-105, Request for Court Order and Answer: This form is used to request a court order and to respond in a small claims case. Similar to SC-112A, it requires proof that the document has been served to the involved parties.
  • SC-109, Authorization to Appear: This document grants permission for someone to appear on behalf of a party in small claims court. Like SC-112A, it needs to show that all relevant parties received the document by mail.
  • SC-114, Request to Amend Claim Before Hearing: This form allows a party to change their claim prior to a hearing. It parallels SC-112A in that it must be served to all parties involved, ensuring that everyone is informed of the changes.
  • SC-150, Request to Postpone Trial: A party uses this form to seek a delay in the trial date. It shares requirements with SC-112A for documenting proper service to all stakeholders through mail.

Dos and Don'ts

Filling out the SC-112A form correctly is crucial for ensuring that the court recognizes the service of documents. Here are five things to keep in mind:

  • Do ensure that all required fields are filled out completely. Missing information can delay your case.
  • Don't assume that any field is optional. Double-check the requirements for each section.
  • Do have someone who is not involved in the case handle the mailing. This person must be at least 18 years old.
  • Don't overlook the importance of listing all parties served. If space is limited, make a note on a separate page.
  • Do keep copies of everything you submit. This ensures you have a record of what was sent and helps protect your interests.

By following these suggestions, you can navigate the process with confidence and clarity, reducing the likelihood of complications. Remember, attention to detail matters when it comes to legal documentation.

Misconceptions

The SC-112A form, known as the Proof of Service by Mail, is a crucial document in the small claims process. However, several misconceptions often arise regarding its use and requirements. Here are four common misunderstandings:

  • Misconception 1: Anyone can serve documents using SC-112A.

This is not accurate. The individual serving the documents must be at least 18 years old and cannot be a party to the small claims case. This requirement ensures that the service is impartial and credible.

  • Misconception 2: You can prove service of any document with SC-112A.

The SC-112A form is specifically designed for certain documents related to small claims cases. It cannot be used to serve Forms SC-100 or SC-120, for instance. Understanding these limitations is vital to ensure proper legal procedure.

  • Misconception 3: You only need to fill out SC-112A once for all documents served.

In reality, a separate SC-112A form is required for each document being served. Each form must be filled out accurately, reflecting the specific document being mailed to each party involved.

  • Misconception 4: The server must have formal qualifications to use SC-112A.

This is misleading. While the server must be at least 18 years old and cannot be involved in the case, they do not need formal qualifications. Family members, friends, or coworkers can fulfill this role as long as they can meet the basic requirements.

Clearing up these misconceptions can help individuals navigate the small claims process more effectively.

Key takeaways

Here are some important points to remember about the SC-112A form, which is used to prove service by mail in small claims cases:

  • Server Eligibility: The server must not be involved in the case and should be at least 18 years old. This person can be a friend, relative, or coworker.
  • Required Information: Make sure to fill in the case number, the document being served, and the names and addresses of all parties involved on the form.
  • Mailing Process: The server needs to mail each party an unsigned copy of the completed SC-112A form, along with the document being served.
  • Multiple Documents: If you need to serve more than one document, prepare a separate SC-112A form for each one to ensure proper documentation.
  • Filing Requirements: After mailing, file the original documents served and the signed SC-112A with the small claims court clerk to finalize the process.