Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.May 31, 2019Name and Address o! Com SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Sireet San José. California 951 13 SC-1 30 SMALL CLAIMS CASE N0.: 1950079087 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. If you lost the case, and the court ordered you to pay money, your wages, money, and property may be taken without further warning from the court. Read the back of this sheet for important information about your rights. AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: Su caso ha sldo resuelto por la corte para reclamos judiciales menores. Si la corte ha decidido en su contra y ha ordenado que usted pague dinero, le pueden quitar su salario, su dinero, y otras cosas de su propiedad, sin aviso adicional por parte de esta corte. Lea el reverso de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name, stree! address, and telephone number ofeadr): Oportun Inc Omar Fernando Peralta Sanchez 1636 Story Rd Suite 10 3120 RUBINO DR APT 200 San Jose CA 95122 SAN JOSE CA 951 25 Telephone No: Te1aphone No.: Terephone No. Telephone Nu D See attached sheet for additional plaintiffs and defendants Date of Hearing: August 09, 2019 DEFENDANTIDEMANDADO' (Name, street address, and telephone number o/ each): . NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 08I0912019 1. E Defendant (name, ifmore than one): Omar Fernando Peralta Sanchez shall pay plaintiff (name, ifmore than one): Oportun Inc. $778.49 principal and: $80.00 costs on plaintiff‘s claim. TOTAL: $858.49 2. D Defendant does not owe plaintiff any money on plaintiffs claim. 3 D Plaintiff (name, ifmore than one): Oponun Inc. shall pay defendant (name, ifmore than one):0mar Fernando Peralta Sanchez $ principal and:$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant‘s claim Possession of the following property is awarded to plaintiff (describe property): Payments are to be made at the rate of: $ per (specify period): (specify day): balance may become due immediately. Dismissed in court U with prejudice. D without prejudice Attomey-Client Fee Dispute (Attachment to Notice ofEntry ofJudgment) (fonn 80-1 32) is attached. Other (specify): Contract is canceled pursuant to Judqment rendered by the Court. Hearing officer: Christine Copeland 0301-:- DUE beginning on (date. 499$ DEED and on the day of each month thereafter until paid in full. [f any payment is missed, the entire This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation ofa motor vehicle. If the judgment is not paid. thejudgment creditormay applyto have the judgment debtor's driver‘s license suspended. 11.‘ Enforcement of the judgment is automatically postponed for 30 days or, if an appeal is filed. until the appeal is decided. 12. D This notice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE 0F MAILING-l certify that | am not a party to this action. This Notice of Entry of Judgment was mailed first class, postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certification occurred at the place and on the date shown below. 1 Place of mailing: San Jose, California Date of mailing: 1010312019 Clerk, byV Anh Vizconde The county provides small claims advisor services free of charge. Read the information sheet on the reverse. . Deputy Form Adopled for Alternative Mandatory Use Judidal Council cf California SC-1 30 [Rev JuTy 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) Code of Civil Procedures §116.610 mvw/couninfofiagov 80-130 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision of the court appears on the front ofthis sheet. The court may have ordered one party to pay money to the other party. The person (or business) who won the 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 ofthe 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. If you lost the case on your own claim and the court did not award you any money. {he court's decision on your claim is FiNAL. You may not appeal your own ciaim. 2. If 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 ofthe following 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 judgment to the court for an additional fee. You may also ask the court 10 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 the other party's claim. You may not appeat the decision on your own claim. However. if any party appeals. there will be a new trial on all the claims. lfyou appeared at the trial. you mus! begin your appeal by filing a form called a Noh‘caof Appeal (form 30-140) and pay the required fees within 30 days afler the date this Notice of Entry of Judgmenrwas mailed or handed to you. Your appeal will be in the superior coun. You will have a new trial and you must present your evidence again. You may be represented by a lawyer. c. VACATE OR CANCEL THE JUDGMENT If you did not go to the trial, you may ask the court to vacate or cancel the judgment. To make this request. you must file a Motion to Vacate the Judgment (form 30-135) and pay the required fee within 30 days after the date this Notice ofEntry ofJudgmentwas mailed. 1f your request is denied. you then have 10 days from the date the notice of denial was mailed to file an appeal. The period to file the Motion Io 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 found out about the judgment against you. IF YOU WON THE CASE. 1. If you were sued by the other party and you won the case then the other party may not appeal the court's decision. 2. If you won the case and the court awarded you money, here are some steps you may take to collect your money or get possession of your property: a. COLLECTING FEES AND INTEREST Sometimes fees are charged for filing court papers or for serving the judgment debtor. These extra costs can become part of your original judgment. To claim these fees. ask the clerk for a Memorandum of Costs b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If 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 YOU. c. STATEMENT 0F ASSETS If the judgment debtor does not pay the money. the [aw requires the debtor to fill out a form called the Judgment Debtor’s Statement ofAssets (form SC-133). This form will teli you what property the judgment debtor has that may be availabIe to pay your claim. If the judgment debtor willfully fails to send you the completed form. you may file an Application and Order to Produce Statement ofAssets and to Appear for Examination (form 80-134) and ask the court to give you your attorney's fees and expenses and other appropriate relief. afier proper notice. under Code of 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 for an Application and Order for Appearance and Examination (Enforcement of Judgment) (form EJ-125) and pay the required fee. There is a fee if a law officer serves the order on the judgment debtor. You may also obtain the judgment debtors financial records. Ask the dark for the Small Claims Subpoena and Declaration (form SC-107) or Civi! Subpoena Duces Tecum (form SUBP-UOZ). . WRIT 0F EXECUTION After you find out about the judgment debtor's property, you may ask the court for a Wn‘t of Execution (form EJ-130) and pay the required fee. A writ of execution is a court paper that tells a law officer to take property of the judgment debtor to pay your claim. Here are some examples of the kinds of propelty the officer may be able to take: wages, bank account automobile, business property, or rental Income. For some kinds of property. you may need to file other forms See the law officer for information » 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 if the propefiy is sold. You can get a lien by filing an Abstract of Judgment (form EJ-001) with the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract ofJudgment. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in full, you must fi1l out the form below and mail it to the court immediately or you will be fined. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: 1980079087 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded) To the Clerk ofthe Court: | am the U judgment creditor D assignee of record. | agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE 0R PRINT NAME) > (SIGNATURE) 3°43“ [RMU'Y 1-2010] NOTICE 0F ENTRY 0F JUDGMENT “9” 2°” (Small Claims)
