The person who files the lawsuit is the plaintiff, and the person being sued is the defendant. If the law isnt on your side, but you feel that justice is, you may get a more favorable result through voluntary mediation. You don't need to be a United States citizen to file or defend a case in Small Claims Court. As a plaintiff, you must fill up a statement of complaint or a statement of claim where the details of the incident, evidentiary documentation, and the demanded amount is written down. While some website addresses are given in this handbook, Internet resources change constantly. If the Secretary of State's office is unable to find the agent after the search, they will issue a certificate of non-filing. DO NOT use with SC-500. Get prepared paperwork for California Court with all of the instructions. In small claims court, the rules are simplified and the hearing is informal. You may not need all of these forms. If you filed twelve or less claims over the past twelve months, the filing fee is: $0 to $1,500 - $30. If you decide to file a small claims court case, be prepared to devote some time and effort to it. When I am unsure of the correct procedures ther are patient and polite. Small Claims California helps individuals with small claims matters. It's usually listed in the county section under the heading "Assessor-County Clerk- Recorder" or "County Clerk." The represented spouse need not come to court if the judge allows representation. In addition, directory assistance offers a reverse directory. Although we can explain court procedures and review forms, we cannot provide legal advice, and we do not have the ability to complete forms for you. You can have your claim form (Form SC-100) served in the following ways: CAUTION: Service by certified mail isn't very successful. You may file a case regarding damaged goods and products, and landlord/tenant disputes, local business disputes, property damage, unpaid debts, unsatisfactory services, scams, rental . Thank you. Civil Claims Involving Less Than $5,000. Resolving Your Dispute Before the Hearing, Judgment Against a Party Who Doesn't Come to the Hearing, Setting Aside a Judgment Against a Party Who Didn't Come to the Hearing, Correcting an Error or Appealing a Small Claims Court Judgment, Re-Hearing Before a Different Judge on Appeal, How a Judgment Creditor Can Enforce a Judgment. The major Internet browsers have search capabilities that can be productive if you know an individual's correct name. Another is that if the defendant doesn't appear at the hearing, the judge may refuse to hear the case unless the judge determines that it is actually the defendant who signed the return receipt. The Internet can be used to locate an individual or business. One reason is that the defendant may refuse to accept delivery or to sign a receipt for delivery. Filter by case name, case number, plaintiff, defendant, judge, and more. In this written declaration, a representative of the business (such as the owner) is required to declare under oath that the business that is suing has complied with California's fictitious business name registration laws. A federal agency may not be sued in small claims court. Judicial . Your claim form (Form SC-100), when it is completed by you and issued by the small claims clerk, informs the defendant of the amount of your claim, the basis for the claim, and the date, time, and place of the hearing. You can obtain the forms for filing your suit by visiting or writing any small claims court or by clicking on the Judicial Council's self-help Web site at www.courtinfo.ca.gov. If you win your case, you'll need an address where you can send a letter requesting payment. The certificate contains the owner's name and address. Superior Court of California Santa Cruz. For that reason, it's essential that the information that you receive be used for that and no other purpose. You may call (805) 781-5856 or visit their website to obtain their contact information and additional information about court locations, forms and fees, small claims trials and mediation. If you don't know the defendant's correct name and only learn about it later, you can ask the judge to amend or modify your claim at the hearing. The regulations of the U.S. This limit does not apply to a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity. As a general rule, attorneys or non-attorney representatives (such as debt collection agencies or insurance companies) may not represent you in small claims court. Download Fillable Form Sc-100 In Pdf - The Latest Version Applicable For 2022. Palm Springs, CA 92262. Most counties are required to have a small claims advisor to give free legal information in small claims cases. If you're unsure about whether your claim is too old to file, you may file it and let the judge decide whether it was filed too late. So if you should lose, thats the end of the case for you. Small Claims Court. Your new TV will not work, and the store refuses to fix it or replace it. This information sheet is for a person who sues in Small Claims Court. The Small Claims Advisory in San Luis Obispo may assist you with your Small Claims case. . If you need to have the hearing postponed to a later date, you can prepare and file a written request to Postpone Trial (Small Claims) (Form SC-150). The city of Los Angeles is the seat of the Hollywood entertainment industry. With certain exceptions, anyone can sue or be sued in small claims court. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court. Small Claim Filing Company Research case, find correct court jurisdiction, File Your Case and SERVE the defendant. In some counties you can obtain this information by mail. This information can help you decide if small claims is right for you, show you how to resolve your case without going to court, and more. Mediation is a process for resolving disputes informally. The Judgment. This general rule promotes fairness, since it's usually easier for a defendant to defend a case if it's filed in the locality where the defendant resides. Generally, all parties must represent themselves. Some courts also require a form called "Plaintiff's Statement to the Clerk." In large counties, the county is divided into areas of court location. Determine the exact amount in dispute. If the business is not in compliance, the needed steps must be taken before an action is filed. If possible, give yourself at least six weeks for the process of service (i.e., get a court date at least six weeks out). Small claims courts in California only deal with Claims Under $5,000 if the claimant is a firm or cooperative, or below $10,000 If The Claimant is An Individual. 116.231) *Except for personal injury claims arising from an auto accident where defendant is covered by an . However, the representative cant be compensated, and is disqualified if he or she has appeared in small claims actions as a representative of others four or more times during the calendar year. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court. If you filed twelve or less claims over the past twelve months, the filing fee is: $0 to $1,500 - $30. Small claims courts in California only Deal With Claims Under $5,000 if the claimant is a firm or cooperative, or below $10,000 if the claimant is an individual. El Dorado County Law Library: Please call (530) 626-1932 or visit the website for available resources. Fill out a simple, secure small claims questionnaire and Small Claim Filing Company handles all the legal work. Making the Best of Your Day in Court. For Help With Your Case. Attachment 20 (Abstract of Judgment - Civil and Small Claims) Since the Postal Service retains forwarding address orders for only 18 months, the Postal Service may be unable to respond to a request for change of address information made after that time. If you file in a county or area of court location in which the defendant does not reside, you must give the defendant more advance notice of the hearing (20 days instead of 15 days), and it will take correspondingly longer for your case to be heard. The filing fee is paid by the plaintiff to the clerk of the small claims court. For example, if a multiple filer sued for $1,400 and won a judgment for $1,400, the court will grant that filer court costs (filing fee) of $30 and not the $100 that was paid to the clerks. Superior Court of California, County of Placer Rev 1/14/2020 Small Claims - Start Page 1 of 3 . Attorneys are not permitted to represent either plaintiffs or defendants (attorneys are allowed in Small Claims appeals). Or you may need more forms. An individual can sue another individual or a business. A "natural person" (not a business or public entity) may claim up to $10,000. What If You Can't Attend the Court Hearing? Small claims court is a special court where disputes are resolved quickly and inexpensively. Go to. To see if you will need any special, local forms, contact your court clerk or check your court's website. While the U.S. The individual who helps you can only provide assistancethe individuals participation in court cannot amount to legal representation, and the person cant be an attorney. Rules are simplified and the hearing is informal. To file or defend a case in small claims court, you must be (a) at least 18 years old or legally emancipated, and (b) mentally competent. The request form that you will sign requires you to certify that the information that you request is needed and will be used solely for service of legal process in conjunction with an actual or prospective lawsuit. A business must be in compliance with California's business registration laws in order to use the small claims court. The staff I dealt with were expert, as well as kind. The small claims court in California specializes in resolving small claims cases. From November 1, 2021 through September 30, 2025 an action for any amount, even above the usual amount of $10,000, may be brought in Small Claims to collect COVID-19-related rental debt. Many counties help resolve disputes informally through their local consumer affairs offices, or through local public or private dispute resolution or mediation programs. There are no lawyers, no rules of evidence, and no juries. Attorneys are not allowed. If you do exceed the two cases over $2,500 per calendar year limit, the court may award you only a maximum of $2,500 in each subsequent case even if your proven damages exceed $2,500. DCA licensed professionals are being targeted by a new scam. The law requires each county to provide assistance in Small Claims cases free of charge. Small Claims cases are for damages of $10,000 or less. All this will happen in a small claims court in California. At the very least, you should ask the defendant for the legal remedy that you hope the judge will award you. can: If you are under 18 years old, you need a guardian ad litem to sue for you in small claims court. Small claims courts have an upper limit on the amount of money that a party can claim. look at Current Dollar Amounts of If you are a business, you can file in small claims court for $5,000 or less. The Legal Advisor is available for a phone consultation, only. Collecting a court judgment is one of the most challenging and frustrating aspects of any lawsuit. Small Claims. Mail the court a letter asking for the form and enclose a self-addressed, stamped envelope. No. Public records and reports (charges imposed). If the defendant fails to do so in time, the case will be dismissed without a decree. Remember too that a completed and signed Proof of Service (Small Claims) (Form SC-104), showing that service of process was accomplished within these time limits, must be filed with the small claims court at least five days before the hearing date. LAWS: Code of Civil Procedure (Small Claims Sections 116.210-116.950) California Rules of Court for Small Claims (Rule 3.2100-3.2120) Superior Court of Orange County Local Rules of Court (Rule 341-348) Small Claims are limited to disputes of $10,000* or less for individuals and $5,000 or less for businesses. If a corporation is suing, the law that authorizes service must be stated. Any person who is 18 or older can use the court. Someone must give each defendant a true copy of the Plaintiff's Claim Form (Form SC-100) at least 15 days before the hearing date if the defendant lives in the county in which the claim is filed, or at least 20 days before the hearing date if the defendant lives outside the county in which the claim is filed. You are required to fill a form, either online or through a clerk, present your case on the day of the hearing, and obtain your rightful amount. The Secretary of State's website www.ss.ca.gov includes records of general partnerships, limited partnerships, limited liability companies, and limited corporations. You must pay the small claims court a filing fee when you file your case. If you are unable to find the agent for service of a corporation on the Secretary of State website, you would need to go to the Secretary of State's office and ask them to do a search for you. As a general rule, a case must be filed in the county (and area of court location) in which the defendant resides. Form Sc-100 Is Often Used In California Judicial Branch, California Superior Court, California Legal Forms, Legal And United States Legal Forms. Efectivo a partir del 1ero. With two exceptions, service of process must be made within the boundaries of the State of California. A copy of your statement of claim and notice form will be sent to your defendant, who is expected to respond to the court within twenty days. Small claims cases are for damages of $10,000 or less. A small claim can either be filed through the nearest court or through completing an online form which can be obtained on the California's legal website. Small claims is affordable and fast, with simple and informal rules. That means that you can only receive a judgment for an amount you can prove. Most of the services are free. If the defendant resides or has its principal place of business inside the county in which the case is filed, the delivery and mailing must take place no less than 25 days before the hearing date (standard 15 days + 10 days for substituted service = 25 days total). Be sure to allow enough time for service of process. It is a special court where disputes are resolved quickly and inexpensively. Simply answer a questionnaire, and your documents will be prepared within 24 hours. A business, in turn, can sue an individual or another business. The purpose of the statute of limitations is to prevent the filing of cases that are too old. If you would like to delete the names of one or more defendants from your claim, you can use the dismissal form that you received with your claim, or a request for dismissal (Form CIV-110). To contact the self-help center, please call (530) 458-0598 or email self-help@colusa.courts.ca.gov. Location and Telephone Number. Like all court forms, you can also read and print this by visiting the Judicial Council's self-help Web site at www.courtinfo.ca.gov. Since out-of-state corporations and partnerships that operate in California usually designate a California agent for service of process (because they are legally required to do so), you may be able to meet the in- state service requirement by serving the corporation's agent for service of process. It is a special court where disputes are resolved quickly and inexpensively. There is a $2.00 parking fee for 2 hours and $8.00 maximum charge per day. Insome local courts, when you file your claim (Form SC-100), you also get a local form called "Declaration of Military Status/Request for Dismissal." Especially in cases that have been filed against a defendant who lives outside the county (or outside the area of court location where the court is located), the judge will carefully look into and decide if the court is a proper one for that case. If you would like to amend your claim, and it hasn't yet been served, it is only necessary that you (a) prepare a new claim form (Form SC-100), (b) file the new claim form, and (c) arrange for someone to serve it on the defendant. You can complete this procedure smoothly with the guidance of the best small claim team at Small Claims California. In that situation, the entire dispute will be heard again, before a different judge. Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (Small Claims) SC-132. The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year. For information on the standards that will used by the court in approving or denying your application, ask the court clerk for the Information Sheet on Waiver of Court Fees and Costs (Form FW-001-INFO) or visit the Judicial Council's self-help website and print your own copy. It may or may not need further court orders to enforce a certain order. No fee is required. By choosing small claims court to resolve your dispute, you give up the right to have a different judge re-hear the case. A filing fee is required and is set relative to the amount of money you are requesting for your claim. Resolving Your Dispute Before the Hearing. You cannot serve the forms yourself. Frequently, the signature on the return receipt is illegible, or someone other than the defendant signed. If you are an individual and want to file a lawsuit for $10,000 or less, you have the option of filing a small claims case or a limited civil case. Also, after the service is completed, make sure that the Proof of Service (Form SC-104) is completed by the person who served the papers. Parties should arrive at the courthouse at . Postal Service's Web site at www.usps.gov. If you want to File A Small Claim of $10,000 or less as a person, or $5,000 or less as a firm or cooperation, you will have to fill out your petition form. Many cities now have Web sites that list names and addresses of persons licensed to do business in the city. Representation by lawyers is prohibited in the Small Claims Court. This completed form must be filed with the small claims court at least five days before the hearing. . You can also contact the Small Claims Court clerk for additional information and assistance or "self help" information. Small Claims Court was established to provide a low-cost, user-friendly alternative to litigation. You can sue for up to $10,000, if you are an individual or a sole proprietor. Always keep copies of any letters and other written communications. The Monterey County Clerk/Recorder's Office is located at 240 Church Street, West Wing, Salinas, CA. This form must be completed to state the exact date, time, and place of service of process and other information. Links to other information resources are provided in the Web site of Consumer Reports magazine. Most claims must be filed within a set time limit, called a statute of limitations. Russian and Korean languages, please visit the California Courts' Self-Help YouTube page. But some courts have local forms, too. If the form you need is fillable, you will be able to fill and print it out. This includes preparing for the hearing, gathering evidence, meeting with witnesses, and attending the hearing in person. If there is more than one county or area of court location where your claim can be properly filed, you can select the court that is most convenient for you and your witnesses. Another form that a small claims court plaintiff may need is the Fictitious Business Name [declaration] (Form SC-103). CALIFORNIA COURTS | SELF HELP GUIDE. If the claim isn't filed within the time set by the statute of limitations, the judge may be required to dismiss the claim, unless there is a good legal justification for extending the time. A violation can result in substantial criminal penalties. It's important to select a capable adult person to serve your claim and complete the Proof of Service (Small Claims) (Form SC-104). Here are several important sources of information for finding out where the other party lives or works. If there is more than one defendant, each defendant must be served. If the case was filed in a proper county, but in the wrong court location within that county, the case either will be transferred to a proper court location within that county, or will be dismissed without prejudice. A filing fee is required and is set relative to the amount of money you are requesting for your claim. Small Claims California will help you in every way . In those counties, you also must file your case within the proper area of court location within that county. For California Small Claims Court, We need you to fill out the simple questionnaire. If your claim exceeds $2,500, you'll be asked to check the box on your claim form (Form SC-100) that states that you have not filed more than two actions for more than $2,500 during the calendar year. As a courtesy, try to give the defendant (or defendants) more advance notice than is legally required. You can file any case revolving around rental delays, and landlord/tenant disputes, damaged goods, and products, or scams, property damage, unpaid debts, small scale, local business disputes, unsatisfactory services, and personal injuries. Yes. The injury occurred in Fresno County. For example, if both spouses are listed on the lawsuit, one may appear for the other as long as consent had been given. You can find the address and phone number of the county clerk's office for your county in the Government Pages of your phone book or online. Also, corporations with a "forfeited" status are not considered to be registered with the Secretary of State for the purpose of small claims service. The forms may be posted on their site. For an extra charge, the Secretary of State will fax the requested information to you. 1159 "G" Street. Memories fade, witnesses die or move away, and once-clear details tend to blur. How much does it cost to sue in Ventura County Small Claims Court? Small Claims California has the best team in to help you out with your small claim filing. The City Clerk's office, tax and permit division, usually maintain a list of the names and addresses of most persons licensed to do business in a city. Step 2. Someone dents your car's fender and refuses to pay for its repair. What If You Owe All or Part of the Plaintiff's Claim? The form usually asks you about your details, the defendant's details, an account of what happened, when it happened and why it happened, and the amount you require from the defendant. section 265.6(d)(4)) also provide that the Postal Service will give you the name and street address given by an applicant for a Postal Services mailbox in the Service's application form (PS Form 1093). Also, a defendant sued by a State agency can have the case transferred to the county in which the Attorney General has an office that is closest to the residence of the defendant. 400 County Center, 1st Floor, Room A, Redwood City, CA 94063 [ Directions] Phone Number : (650) 261-5100 option 6. Hilly San Francisco is known for the Golden Gate Bridge, Alcatraz Island and cable cars. There are no lawyers, no rules of evidence, and no juries. (See, for instance, "Automobile accidents" in the next column.) Great! Here are some examples of various statutes of limitations: Statutes of limitations, and the court rules that interpret and apply them, are complicated, and exceptions may apply to your claim. Small Claims California staff was extremely kind, cordial and professional. Understanding Small Claims Court in California. Hearing-impaired persons may call (800) 322-1700 (TDD) or (916) 322-1700 (TTY ). If you dont see it, disable any pop-up/ad blockers on your browser. Tell the Small claims of $2,001 to $5,000 = $100. The sheriff s department usually is the one who enforces those orders. Substituted service is considered to be completed on the tenth day after such mailing. If you can't afford this expense, you may ask the court to waive (forgive) those fees. The Palm Springs Court is located at: 3255 E. Tahquitz Canyon Way. If the minor is age 12 or older, a copy of the claim also must be delivered to the minor. Mediators do not take sides. Instead of doing that, you may choose to reduce the amount of your claim and waive (give up) the rest of the claim in order to stay within the small claims court's monetary limit on claims. A small claims clerk or small claims adviser can explain how to have a guardian ad litem appointed. If the judge is not convinced that the defendant was served, you may not be able to obtain a judgment in the event the defendant does not appear. A third party a mediator helps the parties arrive at their own solution. Some situations in which the DMV will release residential addresses are: If the person you're seeking owns real property, you can search the tax rolls of the county assessor's office. View SC-100 Plaintiff's Claim and ORDER to Go to Small Claims Court (Small Claims) form. If any of the defendants have been served with the original claim, you'll first need to submit a letter to the small claims court requesting the court's permission to prepare and serve an amended claim. Small claims of $501 to $2,000 = $50. The filing fee is required to be paid by the plaintiff when the claim is filed with the court. The request form can be obtained from your local post office or the U.S. Use this form to name additional plaintiffs or defendants and attach to SC-100. As in all actions to collect debts and accounts, the plaintiff s claim form must include an itemization of all fees and charges that have been added to the original loan amount or agreed price. Otherwise your judgment may be difficult to enforce. Each district court in the State of Washington contains a "Small Claims" division for the settlement of civil disputes in which damages claimed total less than $10,000. If you wish to appeal a small claims judgment, file your appeal with the small claims court location in which your trial was heard. Small claims is a court within the Superior Court where disputes are resolved quickly and inexpensively. Fill Out The Plaintiff's Claim And Order To Go To Small Claims Court - California Online And Print It Out For Free. However, corporations with a "suspended" status are considered to be registered with the Secretary of State for the purpose of small claims service. You must then ask for the money, property, or other relief that you intend to ask the judge to award you in court. The Secretary of State also maintains a record of the names and addresses of the officers of corporations and their agents for service of process, any of whom can be served with the claim in a small claims action. In California, a monetary claim of any amount of money (or articles of equivalent value) below $5,000 as a corporation or a business firm, or below $10,000 as an individual, is legally termed as a small claim. You may file as many claims as you wish for $2,500 or less. Yes. Its terrain includes cliff-lined beaches, redwood forest, the Sierra Nevada Mountains, Central Valley farmland and the Mojave Desert. If the only information you have concerning the other party is a telephone number, and the number is one that is listed in the telephone directory, you may use reverse telephone directories in your public library or online. In most situations, parties to a small claims action must represent themselves. Small Claims California has educated, knowledgeable, experienced, and trustworthy team working for us. For example, if the defendant lived outside the State or was in prison for a time, the period for filing your claim may be extended. Also Have You Tried to Settle the Dispute Yourself? Self-representation is usually required. In California you can easily have access to the Small Claims Forms Online or through a clerk at the California's Small Claims Court. Small Claims Plaintiff's Claim re COVID19 Rental Debt: Download: SC001: Attachment Form for Plaintiff's Claim - Notice of Mediation Options: Download: . In selecting a date for the hearing (or approving a date selected by the small claims court clerk), be sure to allow enough time to locate the defendant and arrange for serving the defendant with a copy of your claim. If you are suing to get back the lawn mower you loaned to a neighbor, for instance, the court can order the return of the mower, or payment for the mower if it is not returned. Postal Service (at 39 C.F.R. Small Claims Court Historic Courthouse. Copies also must be mailed by first class mail to the defendant at the place where the papers were left. The hearing is informal. An exemplary in dealing with people. If your claim exceeds the limits of $10,000 as an individual filing the claim, or $5,000 as a firm, it will not be considered a small claim in the courts of California. Special proof of service form-The person who serves the plaintiff's claim by substituted service must complete and sign a special form of proof of service entitled Proof of Mailing (Substituted Service) (Form SC-104A). To see if you will need any special, local forms, contact your court clerk or check, learn more about dismissing a small claims case, Current Dollar Amounts of Exemptions From Enforcement of Judgments, Current Dollar Amounts of Multiple filers who prevail in court and are granted court costs may only recover the same amount of court costs that non-multiple filers would receive and not the $100 that was paid. Small claims courts in California only deal with Claims Under $5,000 if the claimant is a firm or cooperative, or below $10,000 If The Claimant is An Individual. In general, claims are limited to disputes up to $5,000. You also may need to take action and spend money to enforce any judgment. Familiarize yourself with small claim court procedures and time limits for filing a claim. The statement lists the names and addresses of the owners of businesses operating under a name different from the owners' names (called a "fictitious business name"). Exemptions From Enforcement of Judgments. Businesses that use fictitious business names-for example, "Joe Jones doing business as Joe's Garage"-must sign and file this form with the court. Claims must be $10,000 and under. (a) File a claim form and pay the filing fee (Form: Plaintiff's Claim and Order to Go to Small Claims Court, Form SC-100), and (b) if you are a business, file an Authorization to Appear form (SC-109) if appropriate. Be sure to indicate that you're dismissing the case only against certain named defendants, and that you're not dismissing the entire case. An individual who represents a party to a small claims court action may complete and sign an Authorization to Appear (Form SC-109)a form provided by the clerk of the small claims court or printed from the Judicial Councils Web site. You must file your request no less than 10 days before the trial. Small Claims Courts Addresses Telephone No. Southern Branch: Hall of Justice & Records. If . Unlike a judge, a mediator doesnt issue a decision. The regulations of the U.S. How Much Money Does Your Dispute Involve? That's because the delivery and mailing of the court papers must take place an extra 10 days before the hearing date. The Superior Court will notify you of the date to appear in court. If there is no service fee listed in the Form SC-104, you may not receive your service costs in your judgment even though you paid a server. Decision on Attorney-Client Fee Dispute. Attorneys are not permitted to represent either party in the dispute (except on appeal). Only the larger counties are subdivided into areas of court location. Please verify with the Secretary of State's office as to any fees charged for receiving the complaint. Corporations and other entities are limited to $5,000. Small Claims California has been extremely helpful. Or you might assume that a contract was an oral contract, which has a limitation of two years, while it may be interpreted as a written contract with a limitation of four years. Gathering the Documents You Need. Court Holidays; Stanislaus County; Employee Access. If the court that you select holds evening or Saturday hearings, you can request an evening or Saturday hearing when you file your case. A minor can use the court by having a parent, relative or "next friend" over 18 assist in filing a claim and attending the hearing. Disputes involving neighbors and family members are particularly well-suited for mediation because of the importance of the relationships between the parties. 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