Declaration And Conditional Waiver Of Rights Under The Servicemembers Civil Relief Act Of 2003 {FL-130(A)} | Pdf Fpdf Doc Docx | California

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Declaration And Conditional Waiver Of Rights Under The Servicemembers Civil Relief Act Of 2003 {FL-130(A)} | Pdf Fpdf Doc Docx | California

Declaration And Conditional Waiver Of Rights Under The Servicemembers Civil Relief Act Of 2003 {FL-130(A)}

This is a California form that can be used for Family Law - Dissolution - Legal Separation -Annulment within Judicial Council.

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FL-130(A) PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: CASE NUMBER: DECLARATION AND CONDITIONAL WAIVER OF RIGHTS UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT OF 2003 Attachment to Appearance, Stipulations, and Waivers (form FL-130) Notice to Servicemember The Servicemembers Civil Relief Act of 2003 (50 U.S.C. App. §§ 501­596), formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940, 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 www.justice.gov. 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, title 50 United States Code Appendix, sections 501­596 (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 521 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). Page 1 of 1 Form Approved for Optional Use Judicial Council of California FL-130(A) [New January 1, 2011] DECLARATION AND CONDITIONAL WAIVER OF RIGHTS UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT OF 2003 50 U.S.C. Appen. § 501 et seq. Government Code, § 70673 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com

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