Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.September 3, 2019

r», Name and Address o! Coun SC-1 30 SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 19$C080327 NOTICE TO 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 Y DEMANDADOSI: Su caso ha sldo resuelto por Ia corte para reclamos Judiciales menores. Si la corte ha decldldo 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 adlclonal por parte de esta corte. Lea el reverso de este formulario para obtener infomacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, street address, and telephone number ol each): Josue Gutierrez - 5718 Via monte Dr Apt C SAN JOSE CA 95118 Telephone No; Telephone No. DEFENDANTIDEMANDADO' (Name. slice! address, and telephone number al each): Isidra Varela Chavez 5718 Via Monte Dr Apt D SAN JOSE CA 95118 Telephone No.: Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 08. 2019 Hearing officer: Thomas Caudill NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 10/08/2019 1. 9m.» EDD DDDD E Defendam (name, ii more than one): Isidra Varela Chavez shall pay plaintiff (name, if more than one): Josue Gutierrez. $1833.35 principal and: $50 costs on plaintiffs claim. U Defendant does not owe plaintiff any money on plaintiff’s claim. D Plaintiff (name, ifmore than one): Josue Gutierrez shall pay defendant (name, ilmore than one):lsidra Varela Chavez $ principal andz$ 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 pen‘od): beginning on (date. (specify day): day of each month thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. Dismissed in court D with prejudice. D without prejudice Aflomey-Client Fee Dispute (Attachment (o Notice of Entry of Judgment) (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 of a motor vehicle. If the judgment is not paid, the judgment creditor may apply to have the judgment debtors driver's license suspended. Decision on Submitted Matter . 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 (inset? name and date): CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party to this action. This Notice of Entry ofJudgmentwas mailed first class, postage prepaid, in a sealed envelope to the parties at the addresses shown above‘ The mailing and this cenification occurred at the place and on the date shown below. Place of mailing: San Jose. California Date of maiiing: 10/09/2019 Clerk, Stacie Marshall The county provides small claims advisor services free of charge. Read the information sheet on the reverse. and on the Fum Adopled {0' Allamalive Mandalay Use Judidnl Coundl ol California m- ama.“ .4 . mm. NOTICE OF ENTRY OF JUDGMENT [Cmnll f‘lnimn\ Code ol Civil Procedures §1 16.610 wwwicouninlo.ca.qov 7') ‘y .4” SC-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 coud app'ears on the front of this sheet‘ The coun 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 of the judgment is postponed unxil me time for appeal ends or until the appeal is decided. This means that the judgment creditor canno( coiled any money or take any action until this period is over. Generally, both panies may be represented by lawyers after judgment. IF YOU LOST THE CASE . . . 1‘ lf 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 amoum of the judgment. You may pay the judgment creditor directly, or pay Khe judgment to the court for an additional fee‘ You may also ask the coun to order monthly payments you can afford. Ask the clerk for information about these procedures. b. APPEAL If you disagree wim the court's decision, you may appeal the decision on the other party’s claim. You may not appeal the decision on your own cIaim. However, if any pany appeals. there will be a new trial on all the claims. If you appeared at the trial. you mus! begin your appeal by filing a form called a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgmenl was mailed or handed to you. Your appeal will be in the superior court. You will have a new {rial and you must present your evidence again‘ You may be represented by a lawyer. c. VACATE 0R 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 SC-135) and pay the required fee within 30 days afler the date this Notice o! Entry o! Judgment was mailed. If 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 to Vacate (I79 Judgmen! is 180 days if you were no! 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 (he coun'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 sewing the judgment debtor, These extra costs can become pan 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 propeny to you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS If the judgment debtor does nox pay the money, the law requires the debtor to fill out a form called khe Judgment Debtor’s Statement ol Assets (form SC-133). This form will tell you what propeny the judgmem 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 Io Appear for Examination (form $C-134) and ask the ooun x0 'give you your attorney's fees and expenses and othel 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 {his. ask the clerk for an Application and Order for Appearance and Examinalion (Enforcement ol 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 SC-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ)‘ . WRIT OF EXECUTION After you find out about the judgment debtor's property, you may ask the court for a Wn’! of Execmion (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 lo pay your claim. Here are some examples of the kinds of property (he 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 O&her buildings. You may want to put a lien on the propeny so that you will be paid if the property is sold. You can get a lien by filing an Abstract o! 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 o! 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 coun 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.: 1950080327 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if en Abstract of Judgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. I agree that the judgment in this action has been paid in full or otherwise satisfied. Dale: (TYPE 0R PRINT NAME) p (SIGNATURE) SC-‘WWJU'Y ”01°! NOTICE 0F ENTRY 0F JUDGMENT “9”“ Inuu. An~z-__\