DEFINITIONS - Civil Division Services
The Superior Court, the Santa Clara County Sheriff’s Office, legal aid services, attorneys, and affiliated entities may use terms that may be unique to civil process actions. Some of those terms are listed below. If you have questions regarding terms or concepts not listed, you may find clarification at the California Courts or Santa Clara County Self-Help sites. This list and included definitions are only intended to provide summary explanations for terms and concepts and should not be taken as legal advice.
Attachment: this process creates a judicial lien on assets pending litigation.
Bond: this is a form of undertaking, or insurance, to protect a party’s interests during court proceedings.
Confidential CLETS Information: a form required to accompany a request for restraining order service.
Defendant: an entity against whom a legal proceeding has been initiated. Also referred to as a Respondent.
Eviction: The final step in an Unlawful Detainer process. The Sheriff may perform an Eviction, also called a lockout or restoration to enforce an Unlawful Detainer judgment in favor of the Landlord.
Ex Parte: a situation where one party to a legal action addresses the Court without involvement by the opposing party.
Hearing: refers to court hearings where parties involved in litigation or other legal controversies can present evidence and be heard by the Court.
Legal Description: should include specific and unique information such as street address, dimensions, landmarks, APN, and/or other features that clearly identify the subject property. As required, the Legal Description should be delivered on a plain (no letterhead) page with the court case number. The Levying Officer must be able to identify the property.
Levying Officer: The Sheriff and his agents are authorized to enforce judgments and execute process as directed by the Court.
Judgment Creditor: an entity for whom a court judgment benefits.
Judgment Debtor: an entity against whom a court judgment is rendered.
Landlords: persons or businesses with legal standing to grant permission to use or possess their real property.
Levying Officer: The Levying Officer Santa Clara County is the Sheriff and the Sheriff’s assigned personnel.
Notice of Court Hearing: this form notifies parties of a scheduled court hearings.
Plaintiff: is one who initiates a legal action or makes a request of the Court. They may also be referred to as a Petitioner.
Pre-Judgment action: claims made against a Defendant’s interests prior to court rulings.
Process: A definitive, transparent, and unbiased method to provide fairness to parties involved in a legal dispute. This can refer to actual procedures, or the documentation mandated by the procedures. Also called Due Process.
Protected Party: A Protected Party is a person for whom a Restraining Order is intended to protect from abuse, violence, harassment, or other harm.
Protective Order: Also called a Restraining Order, a Protective Order is a court order intended to limit the conduct of an entity issued to protect another.
Request for Restraining Order: a court form on which a Petitioner can request a restraining order.