How to Fill Out Form SC-108: Request to Correct or Cancel Judgment

To fill out Form SC-108, enter your case information and either describe the clerical error you want fixed or explain which law the judge misapplied, then file the two-page form with the small claims clerk within 30 days of the date printed on your Notice of Entry of Judgment (Form SC-130).¹ Page one is the request. Page two is the answer the other side uses to respond.

Make Sure SC-108 Is the Right Form First

SC-108 covers two narrow grounds under Code of Civil Procedure section 116.725: a clerical error in the written judgment, or a judgment based on an incorrect legal basis.² Each party gets only one SC-108 motion, so pick your argument carefully.

A clerical error means the judge’s decision was right but the paperwork is wrong: a typo in a name, a misstated amount, a math mistake in the damages total. An incorrect legal basis means the judge applied the wrong law to your facts, and that mistake changed the outcome.

SC-108 is not for defendants who missed the hearing. That is Form SC-135 under CCP 116.730.³ It is also not for defendants who were never properly served, who use the vacate process under CCP 116.740 and get 180 days from when they discover or should have discovered the judgment.⁴ Using the wrong form eats time you cannot get back.

Filling Out Page One: The Request

Keep your SC-130 next to you. Most of the identifying information on page one comes straight off that document.

Court name and address. Copy the full Superior Court branch name and street address from the top of your SC-130 or your original claim form.
Case number. Use the number the clerk assigned when the case was filed.
Item 1. Your name, address, and phone number as the person making the request.
Item 2. Names and addresses of every other plaintiff and defendant in the case.¹
Item 3. Check one box. For box 3a (clerical error), identify the specific mistake, state the correction you want, and explain why. For box 3b (incorrect legal basis), name the law you believe the judge misapplied and explain how the error changed the result.
Items 4 and 5. Date and sign.

Space is tight. Be specific and factual. For a clerical fix, something like “The judgment lists damages of $2,350, but the court awarded $2,850 at the hearing; the subtraction on the second line item was wrong” does the job. For a legal-basis argument, name the statute or principle you think should have governed and say briefly why the outcome changes under it.

Filling Out Page Two: The Answer

Page two is for the party responding to someone else’s SC-108. Complete the answer section, then mail a copy to every plaintiff and defendant listed in items 1 and 2 of page one.¹ The clerk mails out the original request, but the person answering is responsible for sending their own copies.

Address the specific claims in item 3 directly. If the other side says the math is wrong, show why it is right. If they argue the judge applied the wrong law, explain why the legal basis was sound. Attach supporting documents if they help, and keep the written portion focused on the alleged error.

Where and When to File

File the completed form at the small claims clerk’s office in the same courthouse where your case was heard. The deadline is 30 days after the clerk mailed Form SC-130, and that mailing date is printed on the SC-130 itself.² File one day late and the court will reject the motion.

The form itself lists no filing fee, and many courts accept SC-108 at no charge. Some courthouses treat it as a motion and charge a small fee. Call the clerk before you go. If you cannot afford a fee, apply for a waiver on Form FW-001. You qualify if you receive public benefits such as Medi-Cal, CalFresh, or CalWORKs, if your household income falls below the threshold on FW-001, or if paying would prevent you from covering basic living expenses.⁵

Once you file, the clerk stamps your documents and mails a copy to the other parties. You do not need to arrange service or file a proof of service.¹

What Happens After You File

The judge reviews your request, the other side’s answer if one comes in, and the original case file. Most of the time the decision is made on the paperwork, with no hearing. If the issues are complicated, or if the legal-basis argument turns on disputed facts, the court can set a hearing and notify both parties.

The decision comes on Form SC-108A, Order on Request to Correct or Cancel Judgment.⁶ It will say whether the request was granted, denied, or set for hearing. No statute fixes a timeline, so turnaround varies by courthouse. If weeks go by, call the clerk and check the status.

If the Judge Grants Your Request

A granted correction is simple. The clerk updates the record, the corrected judgment becomes the official one, and the outcome of the case stays the same.

A granted cancellation is bigger. The court sets aside the judgment entirely, and the case usually goes back on the calendar. The rehearing procedures from CCP 116.730(d) apply: if everyone is present and agrees, the judge can rehear the case right away; otherwise the clerk reschedules and notifies everyone.⁷ Prepare for the new hearing as if the first one never happened. Bring all your evidence and witnesses again.

If the Judge Denies Your Request

A denial under CCP 116.725 is largely the end of the road. The statute does not give you an appeal right for a denied SC-108 motion, and the judgment stands.

That is different from a denied motion to vacate under CCP 116.730 or 116.740, where defendants can appeal to the superior court within 10 days of the mailing of the denial.⁷ If your real problem is a missed hearing or bad service, use SC-135 and the vacate process so you keep that appeal right.

Stopping Collection While Your Motion Is Pending

Filing SC-108 does not pause enforcement. Wage garnishments, bank levies, and other collection can continue while your motion sits with the court. If you need enforcement stopped, ask for it separately.

Under CCP 116.740(b), the court has discretion to suspend enforcement pending a hearing on a motion to vacate.⁴ That provision targets vacate motions, but the practical move is the same for SC-108: file a written request asking the court to stay enforcement, explaining why continued collection would cause serious harm, such as a garnishment that would stop you from paying rent. Some courts require a bond or deposit equal to the judgment before granting a stay. Ask the clerk what your local court expects.

1
Judicial Council of California. Request to Correct or Cancel Judgment and Answer (Small Claims)
2
California Legislative Information. California Code CCP 116.725
3
Judicial Branch of California. Small Claims Forms
4
California Legislative Information. California Code of Civil Procedure CCP 116.740
5
Judicial Branch of California. Ask for a Fee Waiver
6
Judicial Branch of California. Order on Request to Correct or Cancel Judgment (Small Claims) (SC-108A)
7
California Legislative Information. California Code of Civil Procedure CCP 116.730