Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.August 27, 2019

Name and Address oi Conn SUPERIOR COURT 0F CALIFORNIA sc-130 COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 195C080244 NOTICE To ALL pLAIN-HFFS AND DEFENDANTS; AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the s" “3° ha 5'd° 'esuelm p°r la °°ne para ”Clam“ case, and the court ordered you to pay money, your Judiciales menores. SI Ia cone ha decldido en su contra y wages, money, and property may be taken without “mm, ha oryenadqque usted pague dinero, le pueden qui.tar su warning from the court Read the back of this sheet for salarlo, su dmero, y otras cosas de su propiedad, sun aviso important information about your rights. adicional por parte de esta cone. Lea el reverse de este formulario para obtener info_rmacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name. sweet address, and Ialepfnna number oI each): DEFENDANTIDEMANDADO‘ (Name, sue! addrass. and telephone numba o! each): Oportun Inc Jose Martinez Barajas 2 Circle Star Way 9 ALEXANDER AVE San Carlos CA 94070 SAN JOSE CA 95116 Telephone No: Telephone No: Telephone No. Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hean'ng: November 07, 2019 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 11/07/2019 1. 99‘? awwfl DUDE E Defendant (name, if more than one): Jose Martinez Barajas shall pay plaintiff (name, if more than one): Oponun Inc. $876.19 principal and: $80.00 costs on plaintiff's claim. D Defendant does not owe plaintiff any money on plaintiffs claim. D Plaintiff (name, if more than one): Opor‘tun Inc. shall pay defendant (name, if more than one):Jose Martinez Barajas $ principal and:$ costs on defendant's claim. D Plaintiff does not owe defendant any money on defendant's claim U Possession of the following property is awarded to plaintiff (descn'be propefly):_ D Payments are to be made at the rate of: $ per (specify period): beginning on (date. and on the (specify day): day of each month thereafler unn'l paid in full. lf any payment is missed, the entire balance may become due immediately. Dismissed in court D with prejudice. U without prejudice Attorney-C/ien! Fee Dispute (Attachment to Norice of Entry of Judgmen!) (form SC-1 32) is attached. Other (specify): . 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 creditor may apply to have the judgment debtors driver's license suspended. . Enforcement ofthe judgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. 13. D This notice was personally delivered to (insert name and date): CLERK'S CERTIFICATE OF MAILING-I certify that I am not a party to this action. This Nolice 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. Place of mailing: San Jose. California Date of mailing: 12/02/2019 Clerk. by . Deputy Shantel Hernandez The county provldes small claims advlsor services free of charge. Read the information sheet on the reverse. Form Adopted rot N(eman‘ve Mandatory Use NOTICE OF ENTRY 0F JUDGMENT Code of Clvil Procedures §116‘61u Judia‘al Couna'l of Calflu'nia _ SC-leRavJuty 1.20101 (Small Claims) www/wmhfo. ca.gov SC-1 30 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 of this sheet The court may have ordered one party to pay money xo 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 of the judgmem is pos‘poned until the time for appeal ends or until the appeal is decided. This means mat the judgment creditor cannm 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. the court's decision on your claim is FINAL. You may not appeal your own claim. 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 of the 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 judgmem to the court for an additional fee. You may also ask the court to order monthly payments you can afford. Ask the clerk for informan‘on about these procedures. b. APPEAL If you disagree with the coun's decision, you may appeal me decision on the other pany's claim. You may not appeal the decision on your own claim. However, if any party appeals, there will be a new trial on all the claims. If you appeared at the trial. you must begin your appeal by filing a form called a Notice o! Appeal (form 80-140) and pay the required fees within 30 days after the date {his Notice of Enrry of Judgment was mailed or handed to you. Your appeal will be in the superior court. 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 Ihe Judgment (form SC-1 35) and pay the required fee within 30 days after the date this Notice of Entry o! Judgment was mailed. lf 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 (a Vacate the Judgmen! is 180 days if you were no! properly served with the claim. The 180-day period begins on the dale you found out or should have found out about me 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 me 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 propeny: 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 judgmem debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c‘ STATEMENT OF ASSETS If the judgment debtor does not pay the money. the law requires the debtor to fill out a form called {he Judgment Debtor's Statement o/ Assets (form SC-133). This form will tell you what property the judgment debtor has that may be available 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 of Assets and to Appear for Examination (form SC-1 34) and ask the court to give you your attorney's fees and expenses and other appropriate relief. after 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 Ior Appearance and Examinalion (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 clerk for the Small Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT OF EXECUTION After you find out about the judgment debtors property. you may ask me court for a Writ 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 propedy of the judgment debtor to pay your claim. Here are some examples of the kinds of property 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 property is sold. You can get a lien by . filing an Abstract of Judgment (form EJ-001) with the county recorder in me county where the property is located. The recorder will charge a fee for the Abstract of Judgment. NOTICE T0 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 fined. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO‘: 195C080244 ACKNOWLEDGEMENT OF SATISFACTION 0F JUDGMENT (Do no! use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Coun: | am the D judgment creditor D assignee of record. I agree that the judgment in this action has been paid in full ot otherwise satisfied. Dale: (TYPE OR PRINT NAME) L (SIGNATURE) SC"3°IR°VJ“Y '- 2°‘°1 NOTICE 0F ENTRY 0F JUDGMENT “9”“ (Small Claims)