Prior To The Submission Of Judgment Default Must Be Entered or FL 130

When navigating the complexities of divorce proceedings in Los Angeles County, understanding the proper submission of your judgment is critical. If you’ve recently had your judgment rejected for item number one on the FAM-001 form, you’re not alone. This is a common stumbling block that can delay the finalization of your divorce. In this article, I’ll break down exactly what item number one means, why your judgment might have been rejected, and how to avoid this issue moving forward.

My name is Tim Blankenship from Divorce661.com, and I specialize in helping individuals and couples finalize their divorces smoothly and efficiently. Let’s dive into the details of this rejection item and how you can resolve it.

Understanding Item One of the Los Angeles County Judgment Reject Sheet

The judgment reject sheet is issued by the court when there is a problem with the paperwork you submitted. Item number one specifically states:

“Prior to the submission of the judgment, the default must be entered or, alternatively, submit Judicial Council Form FL-130, Appearance, Stipulation, and Waivers, signed by both parties and their counsel, if any, and include the first appearance fee of $435.”

In simpler terms, before you submit your divorce judgment to the court for approval, you must have either:

• Entered a default in the case, or
• Submitted the Judicial Council Form FL-130 (Appearance, Stipulation, and Waivers) signed by both parties, along with a $435 first appearance fee.

If you don’t meet one of these conditions, the court will reject your judgment and send it back with item one checked.

Why Does the Court Reject Judgments for Item One?

There are a few reasons why item one might be checked on your judgment reject sheet. Most often, it boils down to how the default was entered or how the case was marked in your paperwork. Here’s what usually happens:

Incorrectly Marking Your Case as Uncontested

When you file your Request to Enter Default (Form FL-170), you have to indicate the type of case. If you mark your case as “uncontested,” the court expects that you have submitted the FL-130 form, which is the Appearance, Stipulation, and Waivers form. This form must be signed by both parties and their attorneys, if applicable, and must be accompanied by the $435 first appearance fee.

If you mark “uncontested” on your FL-170 but do not submit the FL-130 form and the fee, the court will reject your judgment citing item one. This is because the court is expecting an uncontested case to have that form and fee submitted as proof that both parties agree to proceed without contest.

Filing a Default with Agreement but Marking Uncontested

Another common mistake is filing a default with a written agreement but still marking the case as uncontested. A default with agreement means one party did not respond, but there is an agreement in place between the parties. This is different from an uncontested case, where both parties are actively participating without dispute.

If you mark “uncontested” but your case is actually a default with agreement, the court will look for the FL-130 form and the associated fee. Not submitting these means your judgment will be rejected under item one.

How to Properly Submit Your Judgment to Avoid Item One Rejection

To ensure your judgment is accepted and processed without delay, it’s important to correctly identify the type of case and submit the appropriate forms. Here’s how:

Choose the Correct Case Type on Your FL-170

When you file your Request to Enter Default, make sure you select the correct box:

• Default without agreement: No response was filed, and there is no agreement between the parties.
• Default with agreement: No response was filed, but there is a written agreement between the parties.
• Uncontested: Both parties have responded and agree on the terms without contest.

If you are filing a default with agreement or without agreement, do not mark the case as uncontested. Marking it uncontested triggers the court’s expectation for the FL-130 form and the $435 fee.

Submit the FL-130 Form and Fee Only If the Case Is Truly Uncontested

If your case is genuinely uncontested, meaning both parties have appeared and agreed on the terms, then you must submit the Judicial Council Form FL-130, Appearance, Stipulation, and Waivers. This form must be signed by both parties and any attorneys involved.

Along with the FL-130, include the first appearance fee of $435, made payable to the Los Angeles Superior Court. Failing to include this fee will also result in rejection under item one.

What To Do If Your Judgment Has Been Rejected for Item One

If your judgment has already been rejected for item one, don’t worry. You have options to correct the issue and move forward.

Review Your Case Type and Forms Submitted

Start by reviewing your FL-170 and other forms to determine if you accurately marked your case type. If you marked “uncontested” but did not include the FL-130 form and fee, this is likely the cause of the rejection.

File the Correct Form or Adjust Your Case Type

If your case is a default with or without agreement, file your FL-165 Request for Default Judgment and mark the case type correctly. This will signal to the court that the case is not uncontested, and the FL-130 form and fee are not required.

If you want to proceed with an uncontested case, then submit the FL-130 form and the $435 fee promptly to avoid further delays.

Seek Professional Assistance to Resolve the Issue

Divorce paperwork can be confusing and frustrating, especially when your judgment is rejected and you’re unsure why. If you want to avoid the hassle and ensure your divorce is finalized correctly, consider getting professional help.

At Divorce661.com, we specialize in picking up where you left off in your divorce process. Whether your judgment has been rejected or you’re just starting out, we can guide you through the correct procedures and paperwork. Schedule a consultation to discuss your case, and we’ll help you correct any issues so you don’t have to deal with the court’s rejection notices.

Why Properly Entering Default or Filing FL-130 Matters

Understanding the importance of entering default or filing the FL-130 form isn’t just about avoiding rejection notices. It’s about making sure the court accurately understands the status of your case. Correct paperwork helps:

• Expedite the processing of your judgment
• Prevent unnecessary delays in your divorce finalization
• Ensure the court has all the documentation it needs to approve your judgment
• Avoid additional fees or penalties due to rejected filings

By accurately marking your case type and submitting the appropriate forms and fees, you’re helping the court move your case forward efficiently.

Conclusion: Avoid the Pitfalls of Judgment Rejection with Proper Filing

Item one on the Los Angeles County Judgment Reject Sheet is a common cause of frustration for many going through a divorce. However, it’s a fixable problem once you understand what the court requires. The key takeaway is this:

Before submitting your judgment, make sure the default is properly entered, or you submit the Judicial Council Form FL-130 with the required fee if your case is uncontested.

Marking your case correctly on the FL-170 and submitting the appropriate forms will save you time, money, and headaches.

If you’re unsure how to proceed or your judgment has been rejected, don’t hesitate to reach out for help. We at Divorce661.com are here to assist you every step of the way, ensuring your divorce process is as smooth and stress-free as possible.

Remember, you don’t have to navigate this complicated process alone. Schedule a consultation today and let us help you finalize your divorce with confidence.

Wishing you the best on your journey,

Tim Blankenship
Divorce661.com