Fill Your California Laciv 198 Form

Fill Your California Laciv 198 Form

The California Laciv 198 form is a legal document utilized in the Superior Court of California, specifically designed for the purpose of identifying judgment debtors. This form allows a judgment creditor to formally add any additional names or aliases associated with the debtor, ensuring clarity in legal proceedings. It is important to note that while this document serves to update identification details, it cannot be used to introduce new judgment debtors.

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The California Laciv 198 form serves as a crucial legal document in the Superior Court of California, specifically within Los Angeles County. This form is designed to facilitate the identification of judgment debtors by allowing creditors to add additional names or aliases that may be associated with the debtor. It is important to note that while this document can clarify the identity of a debtor, it cannot be used to introduce new judgment debtors into the case. The form includes essential information such as the names, addresses, and contact details of the attorney or party involved, along with the case number and the names of both the plaintiff and defendant. A declaration under penalty of perjury is required, ensuring that the information provided is accurate and truthful. The judicial officer will then issue an order to officially recognize the additional names, which can be incorporated into any relevant legal documents like writs of execution or abstracts of judgment. Understanding the purpose and proper use of the Laciv 198 form is vital for creditors seeking to enforce their judgments effectively.

Documents used along the form

When dealing with legal matters in California, particularly those involving judgments, several forms and documents may accompany the California Laciv 198 form. Understanding these documents can help streamline the process and ensure clarity in legal proceedings. Below is a list of commonly used forms that often work in conjunction with the Laciv 198.

  • Writ of Execution: This document allows a judgment creditor to enforce a judgment by directing law enforcement to seize the debtor's property or assets to satisfy the debt.
  • Abstract of Judgment: This form creates a public record of the judgment, making it easier for creditors to collect on the debt by placing a lien on the debtor's property.
  • Notice of Judgment: This is a formal notification sent to the judgment debtor, informing them of the judgment against them and outlining their rights and obligations.
  • Request for Entry of Default: When a defendant fails to respond to a lawsuit, this document requests the court to enter a default judgment in favor of the plaintiff.
  • Ex Parte Application: This urgent request allows a party to seek immediate relief from the court without the usual notice requirements, often used in time-sensitive situations.
  • Judgment Creditor’s Statement of Assets: This form helps creditors identify the debtor's assets, providing crucial information for enforcing the judgment effectively.
  • Opposition to Writ of Execution: If a debtor wishes to contest the enforcement of a judgment, this document formally opposes the writ and presents reasons for the objection.

Each of these documents plays a vital role in the legal process surrounding judgments. By familiarizing yourself with them, you can navigate the complexities of enforcement and ensure that your rights are protected. Always consider seeking guidance to ensure proper handling of these important legal forms.

⇩ California Laciv 198 PDF

Misconceptions

Understanding the California Laciv 198 form is essential for those involved in legal proceedings. However, several misconceptions can cloud its true purpose and use. Here are four common misunderstandings:

  • It can add new judgment debtors. Many believe that the Laciv 198 form allows the addition of entirely new judgment debtors. In reality, this form is strictly for adding names or aliases of existing judgment debtors, not for introducing new parties to the judgment.
  • It is only for attorneys. While attorneys often handle legal documents, this form can also be used by individuals representing themselves. Anyone with a stake in the case can complete and submit the form, making it accessible to a broader audience.
  • The affidavit must be notarized. Some think that the Laciv 198 form requires notarization to be valid. However, the form only requires a signature under penalty of perjury, which affirms the truthfulness of the information provided.
  • It is only applicable in Los Angeles County. Although the form is associated with the Superior Court of California, County of Los Angeles, it is based on state law. Therefore, it can be utilized in other counties in California, provided the local court rules allow for its use.

Additional PDF Templates

California G 6 - The California Student Aid Commission requires this form after students achieve a specific GPA in community college.

California Wic - The form emphasizes the need for accurate data collection for program integrity.

How to Use California Laciv 198

After obtaining the California Laciv 198 form, it is crucial to fill it out accurately to ensure the correct identification of the judgment debtor. This process is important as it may affect the enforcement of the judgment. Follow these steps carefully to complete the form.

  1. At the top of the form, provide your name, address, and telephone number. If you are represented by an attorney, include their information as well.
  2. Enter the State Bar Number if applicable, and leave space for the Clerk’s File Stamp.
  3. Specify the name of the attorney or party you are representing in the section labeled ATTORNEY FOR (Name).
  4. Fill in the COURTHOUSE ADDRESS for the Superior Court of California, County of Los Angeles.
  5. Indicate the PLAINTIFF and DEFENDANT names as they appear in the original case.
  6. Input the CASE NUMBER associated with your action.
  7. In the section labeled AFFIDAVIT OF IDENTITY AND ORDER, confirm your status as the judgment creditor.
  8. Provide the name of the judgment debtor as stated in the judgment in the first line.
  9. List any additional names or aliases by which the judgment debtor is known in the second line.
  10. In the third line, explain the facts that support the use of these additional names.
  11. Sign and date the form, ensuring that you declare the truthfulness of the information under penalty of perjury.
  12. Leave the JUDICIAL OFFICER section blank; it will be filled out by the court.