Writ Execution Filed

Cal. Super. - 6th Dist.May 20, 2019

41 r «r 4 EJ-130 ATTORNEY OR PARTY WITHOUT A‘I'I'ORNEY: STATE BAR NO: FOR COURT USE ONLY NAME Sruli Yellin 291431 FIRMNAME: AZiZ Yellin LLP EMLADDRESS: sruli@azizyellin.com I AAWORNEYFORmaJ-ne): Md Gulam Mustafa Tarafder STREETADDRESS: 996 Minnesota Ave Suite 204 g CITY: San Jose STATE: CA ZIPCODE:95125 I '5’ TELEPHONENO.: (408) 600-0726 FAXNO; mw N m ORGINAL JUDGMENT CREDITOR D ASSIGNEE 0F RECORD SUPERIOR COURT 0F CALIFORNIA. COUNTY OF santa Clara STREET ADDRESS; l 9 l N . First St . BY... . MAILING ADDRESS: l 9 l N . FlrSt St cmmozwcooe; San Jose, CA 95113 Super BRANCHNAME: Downtown Civil Division Plaintiff: Md Gulam Mustafa Tarafder cASENUMBER: Defendant: Elyssa Rene Samson _ 19SCO78954 - m EXECUTION (MoneyJudgment) m Limited Civil Case WRIT 0F D POSSESSION 0F C] Personal Property (including Small Claims)D Unlimited Civil CaseD SALE a Rea' Pmpe'ty (including Family and Probate) . To the Sheriff or Marshal of the County of: Santa Clara You are directed to enforce the judgment described below with daily interest and your costs as provided by law. . To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040. . (Name): Md Gulam Mustafa Tarafder is the m original judgment creditor a assignee of record whose address is shown on this form above the court's name. . Judgment debtor (name, type oftegal entity ifnot a 9.D See next page for information on real or personal property to b'e 'naturalperson, and last known address): . delivered under a writ of possession or sold under a writ of sale. r-- 10.D This writ is issued on a sister-state judgment. |Elyssa R999 samson For Items 11-17, see form M0012 and form MC-o13-INF0 1667 waShlngton St ' 11 Total'ud ment(as entered orrenewed) $ 5 636 05 Santa Clara, CA 95050 ' J 9 ' ' 12. Costs afterjudgrnent (CCP 685.090) $ 3 9 9 . O 0 13. Subtotal (add 11 and 12 ‘ $__6_,_O_35_._QEL mdditional judgment debtors on next page 14. Credits to principal (after credit to interest) $ ‘ ‘ v. . . ‘ ‘ r- I Judgment entered on (date): 15 PunCIpal remammg due (subfmct 14 from 13)$ 6, (135 . HQ 9 / l 8 /2 O l 9 16. Accrued Interest remaining due per CCP . C] Judgment renewed on (dates): 685.050(b) (no! on GC 6103.5 fees} $ 17. Fee for issuance of writ $ 4 0 . 0 O ‘ 18. Total (add 15, 16, and 17) $__6_,._015_._Q_5_ . Notice of sale under this writ 19. Levying officer: a. Add daily interest from date of writ (at the legal rate on 15) (not on GC a.E has not been requested. b.D has been requested (see next page). 8.D Joint debtor infomation on nexi page. 6103.5 fees) .................................................. $ 1 . 54(@- ‘_ b. Pay directly to court costs included in ‘ I [SEAL] 11 and 17 (Gc 6103.5, 68637; cop 599.5200» ...................................................... $ 1-19 are different for each for each debtor on Clerk of the Court 20. El The amo‘unts called for 1n debtcr. T hese amounts re state Attachment 20‘ {Issued on (date): FEB 18 2320 JClerk, by a W- . Deputy NOTICE To PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION. I I Page I o! J ' . . _ Form rovedrorOpnonaIUse I , - - WRIT 0F EXECUTION Code orcmlprooedure, g 599.520. 712,010, ”53:0 JudiciglpgouncuofCaIifomza CEB I essenhm government Code, 56103.5 EJ-130 [Rem January 14 2018] cahmm Em. www.murfs ca gov ‘3 EJ-130 Plaintiff: Md Gulam Mustafa Tarafder cASENUMBER: Defendant: Elyssa Rene Samson l9SCO78954 21.D Additionaljudgment debtor (name, type oflega/ entity ifnot a natuml person, and last known address): fifi L AL 22AD Notice of sale has been requested by (name and address): I fifi L 4L 23.D Joint debtor was declared bound by the judgment (CCP 989-994) LJLJ a. 0n (date): a. on (date): b. name‘ type of legal entity if not a natural person, and b. name, type of legal entity if not a natural person, and last known address of joint debtor: last known address ofjoint debtor:V- fit J I _ I c. D Additional costs against certainjointdebtors are itemized: D Below a On AttachmentZSc 24AD (Writ of Possession or Writ of Sale) Judgment was entered for the following: a.D Possession of real property: The complaintwas filed on (date): (Check (1) or (2). Check (3) ifapplicable. Complete (4) if (2) or {3) have been checked.) (1) D The Prejudgment Claim of Right to Possession was served in compliance with CCP 41546. The judgment includes all tenants. subtenants, named claimants. and other occupants ofthe premises. ‘ (2) D The Prejudgment Claim of Right to Possession was NOT served in compliance with CCP 415.46. (3) D The unlawful detainer resulted from a forecIosure sale ofa rental housing unit. (An occupant not named in the judgment may file a Claim of Right to Possession at any time up to and including the time the levying officer returns to effect eviction. regardless of whether a Prejudgment Claim 0f Right t0 Possession was served.) (See CCP 415.46 and 1174.3(a)(2).) (4) Ifthe unlawful detainer resulted from a foreclosure (item 243(3)), 0r ifthe Prejudgment Claim of Right to Possession was not served in compliance with CCP 415.46 (item 24a(2)), answer the following: (a) The daily rental value 0n the date the complaint was flied was $ (b) The court will hear objections to enforcement 0fthejudgment under CCP 1174.3 on the following dates (specify): b‘D Possession 0f personal property.D If delivery cannot be had, then for the value (itemize in 249) specified in the judgment 0r supplemental order. c.D Sale of personal property. d.D Sale of real property. e. The propertyis described: a Below D On Attachment24e EJ-130 [Rev. January 1. 2018} WRIT OF EXECUTION Page 2 ol 2! '- ‘ Essential EJ-130 Plaintiff: Md Gulam Mustafa Tarafder CASENUMBER: Defendant: Elyssa Rene Samson . 198C078954 NOTICE TO PERSON SERVED WRIT OF EXECUTION OR SALE. Your rights and duties are indicated 0n the accompanying Notice of Levy (form EJ-150). WRIT OF POSSESSION OF PERSONAL PROPERTY. lfthe Ievying officer is not able to take custody 0fthe property, the levying officer wiIl demand that you turn over the property. If custody is not obtained following demand. the judgment may be enforced as a moneyjudgment for the value ofthe property specified in thejudgment or in a supplemental order. WRIT OF POSSESSION OF REAL PROPERTY. Ifthe premises are not vacated within five days after the date 0f service on the occupant or, if service is by posting. within five days afier service on you. the levying officer will remove the occupants from the real property and place the judgment creditor in possession ofthe property. Except for a mobile home, personal property remaining on the premises will be sold or otherwise diaposed of in accordance with CCP 1174 unless you or the owner ofthe property pays the judgment creditor the reasonable cost 0f storage and takes possession ofthe personal property not later than 15 days after the time the judgment creditor takes possession of the premises. EXCEPTION IF RENTAL HOUSING UNIT WAS FORECLOSED. If the residential property that you are renting was sold in a foreclosure, you have additional time before you must vacate the premises. If you have a lease for a fixed term, such as for a year. you may remain in the property until the term is up. If you have a periodic lease or tenancy, such as from month-to-month, you may remain in the propeny for 90 days afler receiving a notice to quit. A blank form Claim of Right to Possession and Notice of Hearing (form CP10) accompanies this writ. You may claim your right to remain on the property by filling it out and giving it to the sheriffor levying officer. EXCEPTION IF YOU WERE NOT SERVED WITH A FORM CALLED PREJUDGMENT CLAIM OF RIGHT TO POSSESSION. lfyou were not named in the judgment for possession and you occupied the premises on the date on which the unlawful detainer case was filed. you may object to the enforcement of the judgment against you. You must complete the form Claim of Right t0 Possession and Notice ofHean'ng (form CP10) and give it to the sheriff or levying officer. A blank form accompanies this writ. You have this right whether or not the property you are renting was sold in a foreclosure. EJ-womev. January 1, 201a] WRIT OF EXECUTION Page ants CEB' cubism Essential E}Forms 2- REFURN To COURT Writ Return - Final 5" This return to court represents a report of the levying officer‘s actions and an accounting of amounts collected plus costs incurred pursuant to the requirements of Section 699.560 CCP or Section 488.130 CCP. Court: Santa C|ara County Superior Court Branch: Limited case NO. 1980078954 191 North First Street Fi|e_ No. 20888993 San Jose CA 95113 Wnt Issued on 02/18/2020 Case: Md Gulam Mustafa Tarafder vs. Elyssa Rene Samson Attorney: Aziz Yellin LLP 996 Minnesota Avenue Ste 204 San Jose CA 95125 Judgmgng Debtor(s): Elyssa Rene Samson Previous Monies Collected Remarks: COLLECTION OF MONEY: Judgment Amount Due ................................................................................................................................ Interest charged (if any) pursuant to CCP 685.050 (b) (2) .............................................................................. Judgment Credits ....................................................................................................................................... Levying Officer Fees and Expenses ............................................................................................................... Debtor's Assessment Fee Satisfied (26746 Govt. Code) ................................................................................... Issuance of Writ ........................................................................................................................................ Paid Directly to Court (6103.5, 68511.3 Govt. Code ) ...................................................................................... Total Amount Received From Defendant ...................................................................................................... Total Amount Received From Garnishees ...................................................................................................... Total Amount Refunded to Debtor ................................................................................................................ Total Amount Exemption to Debtor ............................................................................................................... Held Under Writ of Execution ....................................................................................................................... Paid to the Creditor or His Attorney ............................................................................................................. Costs After Judgment .................................................................................................................................. Judgment Deficit ......................................................................................................................................... August 07, 2020 San Jose, California Laurie Smith, Sheri Sheriff‘s Authorized Agent Laurie Smith, Sheriff (408) 808-4800 55 W Younger Ave San Jose, CA 95110 August O7, 2020 0.00 0.00 5,636.05 264.88 0.00 40.00 0.00 40.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 399.00 6,379.93 Santa Clara County Superior Court 191 North First Street San Jose CA 951 1 3