Yes! You can use AI to fill out Judicial Council of California Form SC-108, Request to Correct or Cancel Judgment and Answer (Small Claims)
SC-108 is an optional Judicial Council form for California small claims cases that lets a party ask the court to correct a clerical mistake in the judgment or cancel the judgment if the court applied the wrong law. It must generally be filed within 30 days after the clerk mailed SC-130 (Notice of Entry of Judgment), and filing it does not extend the deadline to appeal. The form also includes an “Answer” section for the other parties to state whether they agree or disagree and to request a hearing. It is important because it provides a structured, time-sensitive way to seek limited post-judgment relief or to oppose such a request in small claims court.
Our AI automatically handles information lookup, data retrieval, formatting, and form filling.
It takes less than a minute to fill out SC-108 using our AI form filling.
Securely upload your data. Information is encrypted in transit and deleted immediately after the form is filled out.
Form specifications
| Form name: | Judicial Council of California Form SC-108, Request to Correct or Cancel Judgment and Answer (Small Claims) |
| Number of pages: | 2 |
| Filled form examples: | Form SC-108 Examples |
| Language: | English |
Instafill Demo: filling out a legal form in seconds
How to Fill Out SC-108 Online for Free in 2026
Are you looking to fill out a SC-108 form online quickly and accurately? Instafill.ai offers the #1 AI-powered PDF filling software of 2026, allowing you to complete your SC-108 form in just 37 seconds or less.
Follow these steps to fill out your SC-108 form online using Instafill.ai:
- 1 Select whether you are filing the “Request” (items 1–5) or the “Answer” (items 6–9), and enter the Superior Court county, case number, and case name.
- 2 Provide the filer’s information (name, address) and check whether you are a plaintiff or defendant (Item 1 for Request or Item 6 for Answer).
- 3 List all other plaintiffs and defendants with their names and addresses in the notice section (Item 2), adding an attachment (MC-031 or a plain sheet labeled as instructed) if needed.
- 4 If filing the Request, choose the type of relief (Item 3): (a) describe the clerical error, the exact change requested, and why; or (b) request cancellation because the wrong law was applied, with an explanation and attachments if needed.
- 5 Review the request/response for completeness, then sign and date the perjury declaration (Item 5 for Request or Item 9 for Answer) and include any supporting attachments labeled with the correct item number.
- 6 File or mail the completed form to the court promptly (Request must be filed within the stated deadline), and if filing an Answer, mail copies to every party listed in Items 1 and 2 and complete the mailing date in Item 8.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
Why Choose Instafill.ai for Your Fillable SC-108 Form?
Speed
Complete your SC-108 in as little as 37 seconds.
Up-to-Date
Always use the latest 2026 SC-108 form version.
Cost-effective
No need to hire expensive lawyers.
Accuracy
Our AI performs 10 compliance checks to ensure your form is error-free.
Security
Your personal information is protected with bank-level encryption.
Frequently Asked Questions About Form SC-108
SC-108 is used in California small claims cases to ask the court to correct a clerical error in a judgment or to cancel the judgment because the court applied the wrong law.
Either a plaintiff or a defendant in the small claims case can file SC-108, as long as they are asking the court to correct or cancel the judgment.
You must file SC-108 no later than 30 days after the clerk mailed form SC-130 (Notice of Entry of Judgment).
No. The form specifically states that filing SC-108 does not extend the deadline to file an appeal.
If you did not go to the trial, you must use form SC-135 (Notice of Motion to Vacate Judgment and Declaration), not SC-108.
A clerical error is a mistake in the paperwork (for example, a wrong name, date, or number) that the court can correct. Canceling a judgment under SC-108 is requested when you believe the court applied the wrong law to the case.
You must complete items 1 through 5, including your name/address, whether you are a plaintiff or defendant, the list of all other parties (item 2), what you want the court to do (item 3), and your signed declaration under penalty of perjury (item 5).
Yes. Item 2 asks you to list the names and addresses of all other defendants and plaintiffs in the case so the clerk can mail them a copy.
Check the box indicating you need more space and attach form MC-031 or a plain sheet of paper. Write the correct label at the top (for example, “SC-108, Item 2,” “SC-108, Item 3,” or “SC-108, Item 7”).
In item 3(a), describe the specific error in the judgment, state what it should be changed to, and explain why the correction is needed.
Check item 3(b) and explain why you believe the court applied the wrong law to your case. Attach additional pages if needed.
The clerk will mail a copy to all other plaintiffs and defendants. The court will give the other parties at least 10 days to file an answer, and then the court will either mail its decision or set a hearing.
Fill out items 6 through 9 on page 2 (the Answer), mail the completed form to the court right away, and mail a copy to every party listed in items 1 and 2 on page 1.
If you do not respond, the court may make the order without hearing from you, based on the request and the court’s records.
Yes. On the Answer (item 7), you can check the box asking the court to have a hearing to decide the matter.
Compliance SC-108
Validation Checks by Instafill.ai
1
Court County and Address Provided (Header Completeness)
Validates that the court name and street address section ("Superior Court of California, County of" plus address) is completed and not left blank. This is important because the filing must be directed to the correct court location for the case. If missing or incomplete, the submission should be flagged as incomplete and rejected or routed to manual review to prevent misfiling.
2
Case Number Present and Properly Formatted
Checks that a case number is provided and matches the expected small claims case number format used by the county (e.g., allowed characters, length, and separators). The case number is the primary key for docketing and associating the request/answer with the correct case. If the case number is missing or malformed, the system should block submission or require correction before acceptance.
3
Case Name Present and Matches Party Caption Rules
Ensures the case name (caption) is provided and follows basic caption conventions (e.g., not empty, not only punctuation, reasonable length). This helps clerks and parties confirm the request is tied to the correct matter, especially when case numbers are mistyped. If invalid, the form should be returned for correction or queued for manual verification against the case record.
4
Requestor Identity (Item 1) Required Fields Completed
Validates that the person asking to correct/cancel the judgment has a name and address entered in Item 1. This information is required for service, notice, and to identify who is making the request. If either name or address is missing, the filing should be considered incomplete and not accepted until corrected.
5
Requestor Role Selection is Exactly One (Plaintiff vs Defendant)
Checks that exactly one checkbox is selected for the requestor’s role in Item 1 (plaintiff or defendant), and that both are not selected simultaneously. The role affects how the court and other parties interpret the request and may affect procedural handling. If none or both are selected, the system should prompt the filer to correct the selection.
6
Notice List (Item 2) Contains At Least One Other Party and Valid Address Structure
Validates that Item 2 lists the names and mailing addresses of all other plaintiffs/defendants, with at least one entry when the case has other parties. Each listed party should have both a name and a deliverable mailing address (not blank, not only city/state, reasonable length). If the notice list is empty or entries are incomplete, the system should flag for correction because proper notice/service cannot be completed.
7
Attachment Indicator Consistency for Additional Parties (MC-031 / Plain Sheet)
If the filer checks the “need more space” box in Item 2 or Item 3/7, verifies that an attachment is actually included and labeled correctly (e.g., “SC-108, Item 2” or “SC-108, Item 3” / “SC-108, Item 7”). This prevents missing party lists or missing explanations that the form explicitly references. If the box is checked but no attachment is provided, the submission should be rejected or marked incomplete.
8
Request Type Selection (Item 3) is Exactly One
Ensures the filer selects either 3(a) clerical correction or 3(b) cancel judgment due to wrong law, but not both and not neither. The court must know which remedy is being requested to apply the correct legal standard and processing path. If invalid, the system should require the filer to choose one option before filing.
9
Clerical Error Details Required When Item 3(a) Selected
When 3(a) is selected, validates that the filer provides (1) the error to be corrected, (2) the proposed change (“Change to”), and (3) an explanation of why the correction is needed. These fields are essential for the court to identify the exact clerical issue and the requested corrected language. If any of these are missing, the request should be flagged as insufficient and returned for completion.
10
Wrong Law Explanation Required When Item 3(b) Selected
When 3(b) is selected, checks that the filer provides a substantive explanation (not blank and above a minimal length threshold) describing how the wrong law was applied. This is important because cancellation is a significant remedy and requires a clear basis for the court’s review. If the explanation is missing or clearly nonresponsive (e.g., only “N/A”), the system should require additional detail or route to manual review.
11
Perjury Declaration Signature and Date Present (Request Section Item 5)
Validates that the request portion includes a date, typed/printed name, and signature for the declaration under penalty of perjury. The declaration is required to make the statements legally effective and to support court action. If any element is missing, the request should be rejected as unsigned/undated or treated as not properly executed.
12
Date Fields Use Valid Date Format and Are Real Calendar Dates
Checks that all date fields (e.g., Item 5 date, Answer Item 9 date, Item 8 mailing date, clerk mailing date) follow an accepted format (MM/DD/YYYY or other configured standard) and represent a real date (no 02/30, no invalid month). Accurate dates are critical for deadlines, notice periods, and docket entries. If invalid, the system should block submission and request correction.
13
Timeliness Check: Request Filed Within 30 Days of SC-130 Mailing (If SC-130 Date Provided/Available)
If the system has access to the SC-130 Notice of Entry of Judgment mailing date (from case data) or the filer provides it via metadata, validates that the SC-108 filing date is no later than 30 days after that mailing date. The form instructions state this deadline, and late requests may be denied or procedurally improper. If the request is late, the system should warn the filer, flag the filing as potentially untimely, and/or require acknowledgment before submission.
14
Answer Filer Identity (Item 6) Required Fields Completed When Answer Portion Submitted
When the Answer section is being filed, validates that Item 6 includes the answer filer’s name and address. This ensures the court and other parties can identify and contact the responding party and confirms proper participation in the case. If missing, the answer should be rejected or marked incomplete.
15
Answer Role Selection is Exactly One (Item 6 Plaintiff vs Defendant)
Checks that the answer filer selects exactly one role (plaintiff or defendant) in Item 6. This supports consistent party identification and helps prevent contradictory filings (e.g., a party responding under the wrong role). If none or both are selected, the system should require correction before acceptance.
16
Answer Position Selection and Explanation Consistency (Item 7)
Validates that at least one option is selected in Item 7 and that explanations are provided when the filer selects any “do not agree” option (7(c) and/or 7(d)). It also checks for logical conflicts, such as selecting both “agree” and “do not agree” for the same request type (e.g., 7(a) and 7(c) together). If inconsistent or missing required explanations, the system should prompt for correction or route to manual review.
17
Proof of Mailing Date Required for Answer (Item 8) and Must Not Be in the Future
Ensures Item 8 includes the date the answer was mailed to everyone listed in Items 1 and 2, and validates that the mailing date is not in the future relative to the submission date. Mailing is required to provide notice to other parties and supports due process. If the mailing date is missing or future-dated, the system should block submission or require the filer to correct/confirm service details.
Common Mistakes in Completing SC-108
People often count 30 days from the hearing date or the date they received the notice, instead of from the date the clerk mailed form SC-130 (Notice of Entry of Judgment). Filing late can cause the court to deny the request as untimely, even if the underlying issue is valid. To avoid this, locate the SC-130 mailing date, count 30 calendar days (including weekends/holidays), and file early—do not wait until the last day.
A frequent mistake is trying to cancel or change a judgment with SC-108 when the person did not go to the trial. The form instructions state that if you did not go to the trial, you must use SC-135 (Motion to Vacate Judgment and Declaration) instead. Using the wrong form can delay relief or result in denial; confirm whether you appeared at the trial and choose the correct procedure before filing.
Filers commonly forget to complete the court location (County of ___), case number, or case name on both pages, or they enter information that doesn’t match the court’s records. Missing or mismatched case identifiers can cause misfiling, processing delays, or the clerk rejecting the submission. Copy the case number and case name exactly as shown on SC-130 or other court notices, and ensure page 1 and page 2 match.
People often list only one opposing party, omit co-plaintiffs/co-defendants, or provide old addresses, especially when multiple parties are involved. If all parties are not properly noticed, the court may delay action, require re-service, or deny the request due to lack of notice. Use the case caption and prior filings to identify every plaintiff and defendant, and verify current mailing addresses; attach MC-031 if more space is needed and label it “SC-108, Item 2.”
Many filers select “Cancel the judgment because the court applied the wrong law” when they are actually trying to fix a typo, name error, or math mistake, or they check the clerical error box but argue legal issues. Choosing the wrong option can lead to denial because the court evaluates different standards for clerical corrections versus legal error. Before checking Item 3, identify whether the problem is a clerical mistake in the written judgment (Item 3a) or a legal error (Item 3b), and tailor the explanation accordingly.
A common issue is writing “the judgment is wrong” without specifying the exact text to be corrected and the exact replacement language. Without a clear “List the error” and “Change to” entry, the court may be unable to determine what to amend and may deny or request clarification. Quote the incorrect portion of the judgment, provide the precise corrected wording, and briefly explain why the record supports the correction.
When requesting cancellation for “wrong law,” people often focus on new documents, hardship, or disagreement with the outcome rather than identifying the legal rule the court allegedly misapplied. This can weaken the request because the form is aimed at correcting legal application errors, not re-trying the case. To avoid this, state the specific legal issue, explain how the wrong law was applied to the facts already in the record, and keep the explanation focused and organized (attach MC-031 labeled “SC-108, Item 3” if needed).
Filers frequently believe that submitting SC-108 pauses or extends the time to appeal, and they miss the separate appeal deadline as a result. The form explicitly states that filing this request does not extend the deadline to file an appeal. If you may want to appeal, track and meet the appeal deadline independently while the SC-108 request is pending.
People often type their name but forget to sign, forget the date, or sign in the wrong place, especially when submitting electronically or with assistance. An unsigned or undated declaration can be treated as incomplete and may be rejected or given little weight. Always sign and date where indicated, and ensure any attachments referenced are included and consistent with the declaration.
Respondents commonly send the Answer only to the court and forget to mail a copy to each plaintiff and defendant listed in Items 1 and 2, or they leave Item 8 blank. This can lead the court to proceed without considering the response, or it can create disputes about notice and timing. Mail copies promptly to everyone listed, keep proof of mailing for your records, and complete Item 8 with the exact date you mailed the copies.
People often check the box asking for a hearing but provide no explanation of the disagreement or what evidence/issue requires live testimony. This can make the request seem unnecessary and may reduce the chance the court schedules a hearing. If you want a hearing, briefly state what you dispute, why written review is insufficient, and what specific issue you want the judge to decide.
Saved over 80 hours a year
“I was never sure if my IRS forms like W-9 were filled correctly. Now, I can complete the forms accurately without any external help.”
Kevin Martin Green
Your data stays secure with advanced protection from Instafill and our subprocessors
Robust compliance program
Transparent business model
You’re not the product. You always know where your data is and what it is processed for.
ISO 27001, HIPAA, and GDPR
Our subprocesses adhere to multiple compliance standards, including but not limited to ISO 27001, HIPAA, and GDPR.
Security & privacy by design
We consider security and privacy from the initial design phase of any new service or functionality. It’s not an afterthought, it’s built-in, including support for two-factor authentication (2FA) to further protect your account.
Fill out SC-108 with Instafill.ai
Worried about filling PDFs wrong? Instafill securely fills judicial-council-of-california-form-sc-108-request forms, ensuring each field is accurate.
