Civil
CIV-170: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale
Fillable PDFJudicial Council of California
This form allows someone to ask a court to decide what should happen to leftover money from a trustee's sale (when property is sold to pay off a debt) when there are disagreements about who deserves it. Homeowners, lenders, and other parties involved in foreclosures use this form to resolve claims to the surplus funds and have the court deposit unclaimed money into a court account.
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Forms that go with CIV-170
CIV-140RequiredDeclaration of Demurring Party Regarding Meet and ConferThe Notice of Settlement of Entire Case (CIV-140) is commonly filed before or alongside a dismissal request to inform the court that the parties have reached a settlement, which is the most frequent reason for dismissing a case without trial.›MC-030AttachmentDeclarationA Declaration (MC-030) is commonly attached to support factual assertions in the petition, such as detailing the claimant's interest in the surplus proceeds.›MC-025AttachmentAttachment to Judicial Council FormAn Attachment form is used when additional space is needed to fully list all claimants, lien holders, or factual details that cannot fit within CIV-170 itself.›CIV-110Often filed with itRequest for DismissalThe Request for Dismissal (CIV-110) is the primary form used to formally dismiss a civil case, and CIV-170 is typically filed alongside or in support of it when the parties seek dismissal without proceeding to trial.›CIV-130Often filed with itNotice of Entry of Judgment or OrderThe Stipulation to Continue Trial (CIV-130) may be filed alongside CIV-170 if the parties are negotiating a settlement and need to postpone trial while the dismissal request is pending.›ADR-101Often filed with itADR Information FormThe Stipulation to Attend Alternative Dispute Resolution (ADR-101) is often filed in conjunction with a request to dismiss without trial, as cases dismissed pre-trial frequently involve a prior or concurrent ADR process such as mediation or arbitration.›EJ-130Often filed with itWrit of ExecutionThe Acknowledgment of Satisfaction of Judgment (EJ-130) may be required alongside the dismissal if a judgment was previously entered and the parties need to confirm all obligations have been fulfilled as part of the pre-trial settlement.›EJ-001Often filed with itAbstract of Judgment—Civil and Small ClaimsAn Abstract of Judgment may be required to establish the priority and validity of a lien or judgment claim against the surplus proceeds being distributed.›
More Civil forms
CIV-151Application to Be Relieved as Attorney on Completion of Limited Scope Representation›CIV-152Objection to Application to Be Relieved as Attorney on Completion of Limited Scope Representation›CIV-153Order on Application to Be Relieved as Attorney on Completion of Limited Scope Representation›CIV-160Petition for Order Striking and Releasing Lien, etc. (Government Employee)›CIV-161Order to Show Cause (Government Employee)›CIV-165Order on Unlawful Use of Personal Identifying Information›