How to ask for a default Fill out request for default. Request for Entry of Default (form CIV-100) ... If ready, also fill out forms to ask for a judgement. Judgment (form JUD-100) ... Mail copies to the defendant. Make at least 2 copies of everything. File forms. Bring the Request for Default to the court clerk.
The Santa Clara Small Claims Court Clerk is located on the 1st floor of the Downtown Superior Court, 191 North 1st Street, San Jose, CA 95113. Once you walk past security the Small Claims Court Clerk's office is to the right of the 1st floor.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
What if I need to postpone my court date? (a continuance) Ask for a continuance. You can do this in person, by phone or in writing. The Court will allow one continuance for arraignments or trials if the parties have waived their right to trial within time periods set by law.
Copies of the pleadings must be obtained at the courthouse in which the case was filed, either in person or by mailing a request with a self addressed stamped envelope to return the documents. Click for courthouse locations and mailing addresses.
As an individual you can use Small Claims Court if your claim is for $12,500 or less.
S.C. Code Ann. § 15-35-810. A judgment becomes a lien on real property for a period of 10 years.
You must execute the judgment. A document called a writ of execution must be prepared, attested to by the clerk of court, and delivered to the sheriff. This gives the sheriff the power to take possession of any non-exempt personal property and, if necessary, real property.
In South Carolina, a judgment lien can be attached to real estate only.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.