court_form | California
FL-130(A) - Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003
Summary
Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003
Text
Form ID: FL-130(A)
Title: Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003
Effective Date: 2023-01-01
Mandatory Form: no
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-130(A)
Primary Download URL: https://www.courts.ca.gov/documents/fl130a.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl130as.pdf
Form Detail Page:
Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003
(FL-130(A))
Tell the court you are a servicemember on active duty and you want the court to enter your settlement agreement or stipulated judgment in your absence.
Get form FL-130(A)
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Effective: January 1, 2023
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PDF Text:
Form Approved for Optional Use
Judicial Council of California
FL-130(A) [Rev. January 1, 2023]
DECLARATION AND CONDITIONAL WAIVER OF RIGHTS
UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT
Government Code, § 70673
FL-130(A)
CASE NUMBER: PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
DECLARATION AND CONDITIONAL WAIVER OF RIGHTS
UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT
Attachment to Appearance, Stipulations, and Waivers (form FL-130)
Notice to Servicemember
The Servicemembers Civil Relief Act (50 U.S.C. §§ 3901–4043) is a federal law that provides
protections for military members when they enter active duty. You may obtain a copy of the act
from the public law library or from the website of the United States Department of Justice at
By signing this conditional waiver and attaching it to Appearance, Stipulations, and Waivers (form
FL-130), I declare that I am entitled to the benefits of the Servicemembers Civil Relief Act (SCRA),
and:
.
1. To permit the court to decide this cause as an uncontested matter and enter a judgment that
incorporates the terms of the written agreement made between the petitioner and me (a copy of
which is attached to this form), I make a knowing, intelligent, and voluntary conditional waiver of
the right to seek to set aside a default judgment entered against me in this matter, as provided by
section 3918 of the SCRA.
2. This waiver is conditioned as follows:
a. The waiver applies only to a default judgment that incorporates the terms and conditions of
the written agreement between the petitioner and me that is titled (specify):
(1)
Stipulation for Judgment
(2) Marital Settlement Agreement
(3) Other (specify):
b. The court must enter a judgment in this case that incorporates only the terms and conditions of
the above written agreement without any change; and
c. Should the court enter a judgment that changes the above written agreement in any way, then I
do not waive any of my rights under the SCRA, including my right to seek to set aside the
judgment at any time.
3. This conditional waiver was executed during or after a period of military service.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT)
Attention: Clerk of the Court
By law, a servicemember must not be charged a fee to file Appearance, Stipulations, and Waivers
(form FL-130).
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Form ID: FL-130(A) Title: Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003 Effective Date: 2023-01-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-130(A) Primary Download URL: https://www.courts.ca.gov/documents/fl130a.p…
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Stipulation for Judgment (2) Marital Settlement Agreement (3) Other (specify): b. The court must enter a judgment in this case that incorporates only the terms and conditions of the above written agreement without any change; and c. Should the court enter a judgment that changes the above written agreement in any…