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Glossary of Commonly Used Terms & Forms
Glossary
of Commonly
Used Terms and Forms
Terms
- appeal
- A new hearing of all
of the claims by the superior court.
- bank levy
- Enforcement of a judgment
against the judgment debtor's checking or savings account at a bank, savings
association, thrift and loan, or credit union.
- claim splitting
- Dividing a claim and
filing two lawsuits to stay below the limits on amounts of claims. Claim splitting
is prohibited in most cases.
- commissioner
- A Small Claims Court
commissioner is an attorney hired by the court to hear Small Claims Court
cases.
- continuance
- A request to postpone
a court date.
- costs
- Certain fees and charges
a party pays to file and present a case or to enforce a judgment.
- damages
- Money claimed or awarded
in court, equal to the dollar value of the claimant's losses.
- default
- When a party to the lawsuit
fails to attend the small claims court hearing. If the party was properly
notified of the action (served), the judge may hear and decide the case without
hearing the absent party's side.
- default judgment
- A judgment entered when
one party does not attend the small claims court hearing.
- defendant
- The person or business
being sued.
- defense
- The defendant's facts
or arguments that demonstrate why the plaintiff is not entitled to the relief
requested.
- dismiss with prejudice
- To dismiss the present
action, and deny the right to file another suit on that claim.
- dismiss without prejudice
- To dismiss the present
action, but leave open the possibility of another suit on the same claim.
- enforce
- To put the judgment into
effect by taking legal steps to bring about compliance.
- good cause
- A good reason. For example,
a party must have good cause (better than not having a car or not being able
to find a baby-sitter) for not attending the small claims court hearing.
- guarantor
- One who promises to be
responsible for the debt or default of another.
- installment payments
- Weekly, monthly, or other
scheduled payments on a debt.
- judgment
- The court's decision.
- judgment creditor
- The party (who may be
the plaintiff or the defendant) in whose favor a judgment has been awarded.
- judgment debtor
- The party (who may be
the plaintiff or the defendant on a defendant's claim) against whom the judgment
has been entered.
- jurisdictional limit
- The maximum monetary
amount that may be awarded by the small claims court. The limit is $5,000
for most claims, but a claimant cannot file more than two small claims court
actions for more than $2,500 anywhere in the state during any calendar year.
- keeper levy
- A judgment enforcement
procedure in which the levying officer takes over the operation of the judgment
debtor's business for a limited duration to obtain cash and credit card receipts
for payment to the judgment creditor.
- mediation
- A non-adversarial, out-of-court
alternative used to settle disputes.
- motion
- A request to the court.
- personal service
- Service of court papers
by handing a copy to the person who is served.
- plaintiff
- The party who files the
lawsuit.
- pro tem judge
- An attorney who volunteers
his or her time to hear and decide Small Claims Court cases. Also called a
temporary judge.
- process server
- A person who serves court
papers on a party to a suit.
- service of process
- Formally notifying the
defendant that a suit has been filed against the defendant, made by certified
mail, or by personal service, or by substituted service.
- statute of limitation
- The period of time following
an occurrence in which a lawsuit must be filed.
- substituted service
- Service of process on
a party by leaving the court papers with someone other than a party to the
lawsuit, valid only if certain specified procedures are followed.
- temporary judge
- An attorney who volunteers
his or her time to hear and decide Small Claims Court cases. Also called a
pro tem judge.
- vacate the default
judgment
- Getting a default judgment
removed or erased.
- venue
- The particular court
in which an action may properly be brought.
- wage garnishment
- A legal procedure that
requires the employer of a judgment debtor to withhold a portion of the judgment
debtor's wages to satisfy the judgment.
- waive
- To abandon or give up
a claim or a right, or forgive some other requirements.
- without prejudice
-
A term
used when rights or privileges are not waived or lost. A dismissal of a
lawsuit without prejudice allows a new suit to be brought on the same cause
of action.
- Top
of this page
Forms
- Abstract of Judgment
- A document issued by
the Court Clerk. When recorded at the county recorder, it places a lien on
any real property owned by the judgment debtor in that county.
- Acknowledgment of
Satisfaction of Judgment
- A form that the judgment
creditor must complete, sign, and file with the court when the judgment is
fully paid.
- Application for Waiver
of Court Fees and Costs
- This form allows a plaintiff
to apply for and obtain a court order waiving fees and costs if the plaintiff's
income falls below a fixed amount or if the plaintiff is receiving certain
types of financial assistance.
- Civil Subpoena
- An official order for
a person to appear in court.
- Claim of Defendant
- The form filed by the
defendant asserting the defendant's own claim against the plaintiff.
- Claim of Exemption
- A document filed by the
judgment debtor that lists the property that the judgment debtor claims is
exempt and that therefore cannot be taken to pay the judgment.
- Judgment Debtor's
Statement of Assets
- The form the judgment
debtor must complete and send to the judgment creditor within 30 days after
receiving notice of the court's decision, listing the judgment debtor's assets
and sources of income.
- Notice of Entry of
Judgment
- A form notifying the
parties of the judge's decision in the lawsuit.
- Notice of Motion to
Vacate Judgment
- A request that the court
cancel a judgment that was entered and asking that a new hearing be held.
- Notice of Appeal
- A request for a new trial
of the small claims case in the superior court.
- Order to Appear for
Examination
- A court order instructing
the judgment debtor to appear in court at a specified date and time to answer
questions about his or her property and sources of income.
- Plaintiff's Claim
and Order to Defendant
- The form that the Plaintiff
fills out and files with the clerk. The plaintiff arranges to have the claim
served upon the defendant.
- Proof of Service
- A form that must be completed
by the person serving court papers on a party, stating that service was properly
made.
- Request for Dismissal
- A form filed with the
Small Claims Court if a settlement or agreement is made between the parties
before the small claims court hearing is held. The dismissal will cancel the
scheduled court hearing and stop the proceeding.
- Satisfaction of Judgment
- See Acknowledgment
of Satisfaction of Judgment.
- Subpoena
- An official order for
a person to appear in court.
- Subpoena Duces Tecum
- A court order to both
appear and produce specific documents in court.
- Writ of Execution
- Document issued by Small
Claims Clerk which authorizes plaintiff to collect judgment from defendant.
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