Judgment SatisfactionCal. Super. - 6th Dist.February 26, 2020SC-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 front of this 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 t_hejudgment 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. IF YOU WON THE CASE . . . 1. 2. NOTICE TO THE PARTY WHO WON: As soon as you have b immediately or you will be fined. If an Abstract of Judgment has If you lost the case'bn yourL‘own vclaim 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. 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 judgment to the court for an additional fee. 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 the other party'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 of Appeal (form SC-140) and pay the required fees within 30 days after the date this Notice of Entry 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 evidenceagain. You may be represented by a lawyer. c. VACATE 0R CANCEL THE JUDGMENT lf yo_u 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 after the date this Notice of Entry of Judgment was mailed. If your request is deni'ed, 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 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. h _ n mgcasa‘fifinIf you were sued by the other party and y ~51 i the other party may not appeal the court's 51-0 ion. |f~you,wo,r_1_tbe cas_e_and_t,h¥e'c,oyrt‘awa[deu ou mege her; r_e , __f__ some steps you may take to collectWour mermxr éé 2021 13“ possession of your property: a. COLLECTING FEES AND INTEREST G Sometimes fees are charged for filinggaggqaoo serving the judgmentdebtor. These we cos} part of your original judgment. To clalm't es- clerk for a Memorandum of Costs. proper form. b. VOLUNTARY PAYMENT- Ask -the judgment de‘btor- to pay th‘e m'oney. ]f~your- ciaim 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 OF ASSETS lf the judgment debtor does not pay the money. the law requires the debtor to fill out a form called the Judgment Debtor's Statement ofAssets (form 80-133). This form will tell you what property the judgment debtor has that may be available to pay your claim. lf the judgment debtor willfully fails to send you the completed form. you may file an v 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 708.1 70. . ORDER 0F 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 a'nd 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 clerk for the Small Claims. Subpoena. and. Declaration (form _SC-:107)_ or_ C_ivi/ Subpoena Duces Tecum (form SUBP-0-02). . WRIT OF EXECUTION After you find out about the judgment debtor's property, you may ask the 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 property 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 . nunt, automobile, business property, or rental income. ' ' me kinds of property, you may need to file other forms. law officer for information. , j”- ACI OF-JUDGMENT - Judgment debtor may own land or a house or other buildings. You may want to put a lien on the property so that u will be paid if the property is sold. You can get a lien by ' an Abstract of Judgment (form EJ-001) with the county in the county where the property is located. The '|| charge a fee for the Abstract of Judgment. fen paid in full, fiu must fill out the form below and mail it to the court ed, you must use another form; see the clerk for the SMALL CLAIMS NO.: 20$C082752 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: l am the Ejudgment creditor | agree tgagihejudgrgent in this action has been paid in full or otherwise satisfied D assignee of record. Date: qu 2- &qurM m0“ sc-1 30 [Rev July 1, 201 0] (TYPE 0R PRINT NAME)053W M/wwgwm. NOTICE OF ENTRY OF JUDGMENT fiw (Small Claims) \ A Page20f3
