Yes! You can use AI to fill out SC-108, Request to Correct or Cancel Judgment and Answer (Small Claims)
Form SC-108 is an optional Judicial Council of California small claims form used after judgment to request either (1) correction of a clerical error in the judgment or (2) cancellation of the judgment when the court applied the wrong law. It must be filed within 30 days after the clerk mailed form 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 other plaintiffs/defendants to agree, oppose, and/or request a hearing. It is important because it provides a structured, time-limited way to seek post-judgment relief or respond to 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: | 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 Enter the court information (Superior Court county and address), plus the case number and case name exactly as shown on the judgment/SC-130.
- 2 Identify the requesting party in Item 1 (name, address, and whether you are the plaintiff or defendant).
- 3 List all other parties in Item 2 with current mailing addresses; add an attachment (MC-031 or plain paper labeled “SC-108, Item 2”) if needed.
- 4 Complete Item 3 by selecting the type of request: (a) describe the clerical error, the requested change, and why it is needed, or (b) request cancellation because the wrong law was applied (attach additional explanation if needed, labeled “SC-108, Item 3”).
- 5 Review Item 4, then sign and date Item 5 under penalty of perjury; file the form with the small claims clerk within 30 days of the mailing of SC-130.
- 6 If you are responding (Answer section), complete Items 6–7 to state whether you agree or disagree and whether you want a hearing; attach extra pages labeled “SC-108, Item 7” if needed.
- 7 For an Answer, complete Item 8 (mailing date), sign Item 9, then promptly mail/file the completed Answer with the court and mail copies to all parties listed in Items 1 and 2.
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
Form SC-108 is used in small claims court to ask the judge to correct a clerical error in a judgment or to cancel a judgment because the court applied the wrong law. It also includes a section for the other parties to file an answer to that request.
Either a plaintiff or a defendant in the small claims case can file SC-108. The person filing checks the appropriate box in item 1.
You must file SC-108 no later than 30 days after the clerk mailed form SC-130 (Notice of Entry of Judgment). Missing the deadline may prevent the court from considering your request.
No. The form specifically states that filing SC-108 does not extend the deadline to file an appeal, so you should track appeal deadlines separately.
No. If you did not attend the trial, you must use form SC-135 (Notice of Motion to Vacate Judgment and Declaration) instead of SC-108.
A clerical error is a mistake in the paperwork (for example, a wrong name, date, or number) that does not reflect what the court intended. Canceling a judgment under item 3(b) is requested when you believe the court applied the wrong law to the case.
You must complete items 1 through 5, including your contact information, whether you are a plaintiff or defendant, the list of all other parties in item 2, and what you are asking the court to do in item 3. You must also sign and date the declaration under penalty of perjury in item 5.
Yes. Item 2 asks for the names and addresses of all other plaintiffs and defendants so the clerk can mail notice to everyone. If you need more space, attach form MC-031 or a plain sheet labeled “SC-108, Item 2.”
List the exact error as it appears in the judgment, state what it should be changed to, and explain why the correction is needed. If you need more room, attach MC-031 or a plain sheet labeled “SC-108, Item 3.”
The clerk will mail a copy of the request to all other plaintiffs and defendants. The court will give the other parties at least 10 days to respond, and then the court will either mail its decision or tell you to go to a hearing.
You fill out items 6 through 9 on page 2 (the Answer section). You should mail your completed answer to the court right away and mail a copy to each party listed in items 1 and 2 on page 1.
In item 7, check the box that matches your position (agree or do not agree with the correction in 3(a) and/or the cancellation in 3(b)). Use the explanation lines (or an attachment labeled “SC-108, Item 7”) to briefly state why.
Yes. In item 7(e) of the Answer section, you can request a hearing for the court to decide the matter. The court will then either schedule a hearing or decide based on the paperwork and court records.
If you do not file an answer, the court may make an order without hearing from you. The form warns that the decision may be made based on the request, court records, and any hearing the court chooses to hold.
Yes. Item 8 asks you to write the date you mailed a copy of your answer to everyone listed in items 1 and 2. The clerk also completes a Certificate of Mailing section for the request.
Compliance SC-108
Validation Checks by Instafill.ai
1
Court Venue Completeness (County and Address Present)
Validates that the court name section includes the county (e.g., "Superior Court of California, County of ___") and a street address or clearly identified court location. This is required so the filing is routed to the correct court and can be processed without manual research. If missing or ambiguous, the submission should be rejected or flagged for correction because the clerk cannot reliably file it in the proper venue.
2
Case Identifier Completeness (Case Number and Case Name)
Checks that both Case Number and Case Name are provided and not left blank on each page where requested. The case number should match an expected small-claims format for the county (allowing county-specific patterns) and the case name should be non-empty text. If either is missing or malformed, the form cannot be associated with the correct case and should fail validation or be routed to manual review.
3
Requestor Identity Required Fields (Item 1 Name and Address)
Ensures Item 1 includes the requestor’s full name and a complete mailing address (street, city, state, ZIP or equivalent). This is necessary for service, court notices, and to confirm who is seeking relief. If incomplete, the court and other parties may be unable to provide notice, so the submission should be rejected or marked incomplete.
4
Requestor Role Selection (Plaintiff vs Defendant) Exactly One
Validates that the requestor in Item 1 checks exactly one role: either "A defendant" or "A plaintiff" in the case. This prevents contradictory filings and helps the court interpret standing and party alignment. If neither or both are selected, the form should fail validation and require correction.
5
Notice to Other Parties (Item 2 At Least One Party Listed or Attachment Indicated)
Checks that Item 2 lists names and addresses for all other plaintiffs/defendants, with at least one entry present unless an attachment is explicitly indicated (MC-031 or plain sheet labeled "SC-108, Item 2"). Proper notice is essential for due process and for the clerk’s certificate of mailing. If no parties are listed and no attachment is referenced, the submission should be rejected as non-compliant.
6
Party Address Structure Validation (Item 2 and Item 6 Addresses)
Validates that each listed party address (and the answer filer’s address in Item 6) contains minimum deliverability components (e.g., street/PO box and city/state/ZIP). This reduces returned mail and ensures the clerk can mail notices and decisions. If an address is clearly incomplete (e.g., only a city or only a street with no city/state), the system should flag it and require correction before filing.
7
Request Type Selection (Item 3) Exactly One: Correct Clerical Error vs Cancel for Wrong Law
Ensures Item 3 has exactly one checkbox selected: 3(a) correction of clerical error or 3(b) cancellation because wrong law was applied. The two requests are distinct remedies and require different supporting statements. If both or neither are selected, the request is ambiguous and should fail validation.
8
Clerical Error Details Required When Item 3(a) Selected
If 3(a) is selected, validates that all three text fields are completed: the error to be corrected, the proposed change, and the explanation of why the correction is needed. These details are necessary for the court to identify the specific clerical mistake and the exact modification requested. If any field is blank, the request should be rejected or returned for completion.
9
Wrong Law Explanation Required When Item 3(b) Selected
If 3(b) is selected, validates that an explanation is provided describing how the wrong law was applied (or that an attachment is indicated and properly labeled "SC-108, Item 3"). The court needs a clear basis to evaluate whether cancellation is appropriate. If no explanation/attachment is provided, the request should fail validation as unsupported.
10
Attachment Reference Consistency (MC-031 / Plain Sheet Labeling)
When the filer checks "need more space" for Items 2, 3, or 7, validates that an attachment is actually included and that it is labeled with the correct item reference (e.g., "SC-108, Item 2"). This prevents missing pages and ensures the clerk and judge can associate the extra content with the correct section. If the checkbox is selected but no attachment is present (or labeling is missing), the submission should be flagged as incomplete.
11
Perjury Declaration Completion for Request (Item 5 Date, Printed Name, Signature)
Validates that the request portion includes a date, a typed/printed name, and a signature for the person making the declaration under penalty of perjury. The declaration is required for the court to rely on the statements and to treat the filing as properly executed. If any element is missing, the request should be rejected as unsigned/undated.
12
Answer Filer Identity Required Fields (Item 6 Name and Address)
Ensures the person filing the answer provides a full name and complete mailing address in Item 6. This is necessary for the court to identify the responding party and send notices or hearing information. If missing, the answer should be rejected or flagged because it cannot be properly associated with a party for service.
13
Answer Filer Role Selection (Item 6 Plaintiff vs Defendant) Exactly One
Validates that the answer filer checks exactly one role in Item 6 (plaintiff or defendant). This helps the court understand which side is responding and prevents contradictory party status. If both or neither are selected, the answer should fail validation and require correction.
14
Answer Position Selection and Explanation Requirements (Item 7)
Checks that at least one option in Item 7 is selected to indicate the responder’s position (agree/disagree and/or request a hearing). Additionally, if the responder selects an option that includes an "(Explain)" prompt (e.g., 7(b), 7(c), 7(d)), an explanation must be provided or an attachment for "SC-108, Item 7" must be included. If no position is selected or required explanations are missing, the answer should be treated as incomplete.
15
Mailing Date Provided for Service of Answer (Item 8 Valid Date)
Validates that Item 8 includes a mailing date and that it is a valid calendar date in an accepted format (e.g., MM/DD/YYYY). This supports proof of service by mail and helps confirm the responder acted promptly. If the date is missing or invalid, the system should flag the answer because service timing cannot be verified.
16
Perjury Declaration Completion for Answer (Item 9 Date, Printed Name, Signature)
Ensures the answer portion includes the declaration date, typed/printed name, and signature under penalty of perjury. This is required for the court to treat the response as a formal, accountable statement. If any element is missing, the answer should be rejected as not properly executed.
Common Mistakes in Completing SC-108
People often count 30 days from the hearing date or the date they received the judgment, 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 and count 30 calendar days from that date, then file early (and keep proof of filing).
A common misunderstanding is trying to use SC-108 to undo a judgment when the person did not appear at the trial. The form instructions state that if you did not go to the trial, you must use SC-135 (Motion to Vacate Judgment), not SC-108. Using the wrong form can delay relief or result in denial, so confirm whether you attended the trial and choose the correct procedure before filing.
Filers frequently forget to complete the top caption fields (Superior Court county, case number, and case name) or they copy them incorrectly from other paperwork. The clerk may be unable to file the request correctly, or it may be routed to the wrong case file, causing delays and missed deadlines. Always copy the case number and case name exactly as shown on SC-130 or other court notices, and verify the county matches where the small claims case was filed.
Item 2 requires the names and addresses of all other plaintiffs and defendants, but people often list only the opposing side they dealt with most or omit co-parties. If parties are missing or addresses are incomplete, notice may not reach everyone, which can lead to delays, re-mailing, or the court refusing to act until proper notice is provided. Use the court’s case documents to identify every plaintiff/defendant and provide complete mailing addresses (including unit numbers and ZIP codes).
Many filers check the wrong box in Item 3 because they confuse a clerical error (e.g., typo, wrong date, mis-entered amount) with a legal error (the court applied the wrong law). Choosing the wrong option can cause the court to deny the request or treat it as unsupported because the explanation and proof needed differ. Before checking a box, identify whether the judgment contains a mechanical/recording mistake (3a) or whether you are arguing the judge used the wrong legal rule (3b), and tailor your explanation accordingly.
In Item 3a, people often write a general complaint (e.g., “the judgment is wrong”) without stating precisely what text/number is incorrect and what it should be changed to. Without a clear “List the error” and “Change to” entry, the court may not be able to issue a corrected judgment or may deny the request for lack of specificity. Quote the incorrect portion (amount, name spelling, date, interest, costs) and provide the exact replacement language or corrected figure.
Filers frequently write only opinions (e.g., “unfair,” “judge was biased,” “I should have won”) rather than explaining the factual basis for the correction/cancellation and pointing to the record. This makes it hard for the court to evaluate the request and can lead to denial because the form asks for reasons and the court may rely on records on file. Use short, factual statements, reference specific documents or parts of the judgment, and attach clearly labeled supporting pages when needed.
When more space is needed, people attach extra pages but forget to use MC-031 (or a plain sheet) and fail to label the attachment header (e.g., “SC-108, Item 2/3/7”). Unlabeled or disorganized attachments can be separated from the form or overlooked, weakening the request/answer. If you add pages, put the required header at the top, keep the content tied to the specific item number, and number your pages.
Both the Request (Item 5) and Answer (Item 9) require a dated declaration under penalty of perjury and a signature, but people often sign without dating, type a name without signing, or forget to print/type their name. An unsigned or undated declaration can cause the clerk to reject the filing or the court to disregard the statements. Before filing or mailing, confirm the date is filled in, the name is printed/typed, and the signature is handwritten (or otherwise accepted by the court’s filing method).
Respondents often mail the Answer only to the court and forget to mail copies to everyone listed in Items 1 and 2, or they omit the date in Item 8. This can lead to the court proceeding without considering the response, or it can trigger delays if the court requires proof that notice was provided. Mail a copy to each listed party promptly, keep proof of mailing, and enter the exact mailing date in Item 8.
A frequent misunderstanding is believing that filing SC-108 pauses or extends the time to appeal, but the form explicitly states it does not extend the appeal deadline. If someone relies on SC-108 and misses the appeal window, they may lose the ability to challenge the judgment through appeal even if the request is denied. To avoid this, track the appeal deadline separately and consider filing an appeal on time if appropriate, even while the SC-108 request is pending.
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 sc-108-request-to-correct-or-cancel-judgment-and-a forms, ensuring each field is accurate.
