Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.December 5, 2018Name and Address al Conn SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. California 951 13 SC-130 SMALL CLAIMS CASE NO.: 1830076678 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. If you lost the case. and the court ordered you lo pay money, your wages, money, and property may be taken without further warning from the court. Read the back 01 thls sheet for Imponant lnlormatlon about your rights. AVISO A TODOS L03 DEMANDANTES Y DEMANDADOS: Su caso ha sldo resuelto por la corte para reclamos ludlclales menores. SI Ia corte ha decldido en su contra y ha ordenado que usted pague dlnero, Ie pueden qultar su salarlo, su dlnero, y otras cosas de su propiedad, sin avlso adlclonal por parte de esta corte. Lea el reverso de este tormularlo para obtener Informaclén de Importancla acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name. sues! address, and telephone numbe! 0/ 5am): Tot Cong Nguyen 2667 Hutchlngs Drive SAN JOSE CA 95111 1/ /DEFENDANTIDEMANDADO‘ (Name, slrael address, and telephone number o/ each): Wolf Wolf 275 Burnett Ave 160 MORGAN HILL CA 95037 JPLAINTIFF is asslsted by a COURT CERTIFIED VIETNAMESE TRANSLATOR [Linda Tsol ]. / D See attached sheet for additional plaintiffs and defendants [ Date 01 Hearing: 02/06/19 1pm D15 ] Hearing Officer: Hon. Commlssloner Llsa Stelngart 02/06/201 9 [NOTICE OF ENTRY OF JUDGMENT] Judgment was entered as checked below on: 1. D Defendant (name, i/ more than one): shall pay plaintiff (name, if more than one): principal and: $ costs on plaintiff's claim.@g$Defendant does not owe plaintiff any money on plaintiff's claim. Plaintiff (name if more than one): shall pay deiendant (name, I/ more than one): $ principal and:$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant's claim 5. D Possession of the following property is awarded to plaintiff (describe property): 6. D Payments are to be made at the rate oi: $ per (specify period): beginning on (date. and on the (specify day): day oi each month thereafter until paid in iull. balance may become due immediately. 7. U Dismissed In court D with prejudice. D without prejudice A-ttorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (iorm SC- 132) is attached. @K-Other (specify): [ Arguments Heard 8. Evidence Presented. Evidence Released To Both Parties In Open Court] 10. D This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation of a motor vehiclei Ii the judgment is not paid, the judgment creditor may apply to have the judgment debtor's driver's license suspended. 11. Ent rcement oi the judgment is automatically postponed for 30 - . I1 any payment is missed, the entire mailed first class postage prepaid, in a sealed envelope t- . 's certification occurred at the place and on the date shown below. ace: San Jose, California 3K Clerk by_-Date' 02/06/2019 Deputy Kathy Davidson Code ol Civil Procedures §I 16.610Form Adopted Ior Alternative Mandatory Use www/counin/ocagovJudida] Council oi Caliiornia sc-Iao [Rev July I, 2010] NOTICE OF ENTRY OF JUDGMENT (Small Claims) SC-1 30 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision of the court appears on the iront of xhis sheet. The court may have ordered one party to pay money to the other party. The person (or business) who won Ihe case and who can collect the money is called the Judgment creditor. The person (or business) who lost the case and who owes the money is called the judgment debtor. ‘ Enforcement of the judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this period is over. Generally, both parties may be represented by lawyers after judgment. IF YOU LOST THE CASE . .. 1. l1 you lost the case on your own claim and the court did not award you any money, the court's decision on your claim is FINAL. You may not appeal your own claim. It you lost the case and the court ordered you to pay money. your money and property may be taken to pay the claim unless you do one ol the tollowing things: a. PAY THE JUDGMENT The law requires you to pay the amount of the judgment. You may pay the judgment creditor directly, or pay the iudgment to the court for an additional tee. You may also ask the court to order monthly payments you can afford. Ask the clerk for information about these procedures. b. APPEAL If you disagree with the court's decision, you may appeal the decision on (he other party‘s claim. You may not appeal the decision on your own claim. However, ii any party appeals. there will be a new trial on allthe claims. Ii you appeared at the trial, you mus! begin your appeal by tiling a iorm called a Notice o! Appeal (iorm 80-140) and pay the required tees within 30 days alter the date this Notice ol Entry ol Judgment was mailed or handed to you. Your appeal will be in the superior court. You will have a new trlal and you must present your evidence again. You may be represented by a lawyer. c. VACATE OR CANCEL THE JUDGMENT It you did not go to the trial. you may ask the court to vacate or cancel the judgment. To make this request, you must tile a Motion to Vacate the Judgment (lorm 80-135) and pay the required fee within 30 days alter the date this Notice o/ Entry oI Judgment was mailed. ti your request is denied, you then have 10 days from the date the notice of denial was mailed to tile an appeal. The period to tile the Motion to Vacate the Judgment is 180 days if you were not properly served with the claim. The 180-day period begins on the date you found out or should have iound out about the judgment against your IF YOU WON THE CASE . .. 1. 2. If you were sued by the other party and you won the case. then the other party may not appeal the court's decision ll you won the case and the court awarded you money, here are some steps you may take to collect your money or get possession oi your property: a. COLLECTING FEES AND INTEREST Sometimes lees are charged lor tiling court papers or lor sewing the judgment debtor. These extra costs can become pan ol your original judgment. To claim these lees, ask the clerk for a Memorandum ol Costs. bt VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. lf your claim was for possession of property. ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR VOU. c. STATEMENT OF ASSETS If the judgment debtor does not pay the money, the law requires the debtor to liII out a lorm called the Judgment Debtor’s Statement of Assets (lorm 30-133). This lorm will tell you what property the judgment debtor has that may be available to pay your claim. It the judgment debtor willfully tails to send you the completed form, you may lile an Application and Order to Produce Statement o! Assets and Io Appear lor Examination (lorm 86-134) and ask the court to give you your attorney's lees and expenses and other appropriate reliel. after proper notice, under Code ol Civil Procedure section 708.170. ORDER OF EXAMINATION You may also make the debtor come to court to answer questions about income and property. To do this, ask the clerk tor an Application and Order Ior Appearance and Examination (Enforcement ol Judgment) (form EJ-125) and pay the required lee. There is a lee it a law ollicer serves the order on the judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk tor the Small Claims Subpoena and Declaration (lorm 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). WRIT OF EXECUTION Alter you lind out about the judgment debtor's property. you may ask the court tor a Writ ol Execution (torm EJ-130) and pay the required lee. A writ oi execution is a court paper that tells a law olticer to take property ol the judgment debtor to pay your claim. Here are some examples of the kinds ot propeny the oiticer may be able to take: wages, bank account, automobile, buslness property, or rental Income. For some kinds of property, you may need to tile other forms. See the law olficer tor intorrnation. ABSTRACT OF JUDGMENT The judgment debtor may own land or a house or other buildings. You may want to put a lien on the property so that you will be paid il the property is sold. You can get a lien by tiling an Abstract oI Judgment (form EJ-001) with the county recorder in the county where the property is located. The recorder will charge a tee tor the Abstract oI Judgment. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you will be lined. Ii an Abstract oi Judgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS NO‘: 1BSC076678 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ol Judgment has been recorded.) To the Clerk ot the Court: lam the D judgment creditor D assignee oi record. lagree that the judgment in this action has been paid in iull or otherwise satislied. Date: (TYPE 0R PRINT NAMEp > (SIGNATURE) SC-ISO [Rev July 1. 20t0l NOTICE OF ENTRY OF JUDGMENT Page 2 o! 2 (Small Claims)
