Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.February 27, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2080082756 AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por Ia corte para reclamos judiciales menores. Si la corte ha decidldo 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 importancla acerca de sus derechos. 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. DEFENDANTIDEMANDADO' (Name, street addrass, and telephone number oleach): Paul Anthony Gills PLAINTIFFIDEMANDANTE (Name, street address, and telephone number of each): Mary Catherine Bird 1735 North First Street #247 SAN JOSE CA 95112 Tale phone No: PO Box 2247 Los Gatos CA 95031 Telephone No.: Telephone No. Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 21, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 10/21l2020 1. Defendant (name, ifmone than one): Paul Anthony Gills shall pay plaintiff (name, ifmore than one): Mary Cathen‘ne Bird $5087.05 principal and: $80.00 costs on plaintiff‘s claim. 2. D Defendant does not owe plaintiff any money on plaintiffs claim. D Plaintiff (name, ifmore than one): Mary Catherine Bird shall pay defendant (name, ifmore than one):Pau| Anthony Gills $ principai and:$ costs on defendant's ciaim. Plaintiff does not owe defendant any money on defendant's claim Possession ofthe following property is awarded to plaintiff (describe property): Payments are to be made at the rate of: $ per (specify period): beginning on (date. and on the (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 Attomey-Client Fee Dispute (Attachment to Notice of Entry ofJudgment) (form SC-1 32) is attached. Other (specify): Includes Service Charge as noted per claim. This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtofis operation of a motor vehicle. If the judgment is not paid. the judgment creditor may apply to have the judgment debtor‘s driver‘s license suspended. 11. Enforcement ofthejudgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. D This notice was personaily delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-I 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. Shantel Hernandez 0301.5 EDD Ammw DEED Place of mailing: San Jose. California Date of mailing: 10l22l2020 Clerk, by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Code of Civil Procedures §1 18.610Form Adopled for Aliemafive Mandatory Use wwchouninfo,ca.gov Judicial Couna‘l of Califomfa 30-130 [Rev July 1, 2010] NOTICE 0F ENTRY OF JUDGMENT (Small Claims) SC-130 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision ofthe 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 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 untii this pen’od Is over. Generally, both parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 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. 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 to order monthly payments you can afford. Ask the clelk 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. lf you appeared at the trial. you must 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 Judgmentwas 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 the Judgment (form SC-1 35) and pay the required fee within 30 days after the date this Notice ofEntry of Judgment was mailed. If your request Is dented, you then have 1O days from the date the notice of denial was mailed to fife 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 1BO-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. lf 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 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. Ask the judgment debtor to pay the moneyA If your c1aim was for possession of property, ask the judgment 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 the Judgment Debtor‘s Statement ofAssets (form SC-1 33). 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 Application and Order to Produce Statement ofAssers and ro Appear for Examination (form 50-134) 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 Older 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 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 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 property the officer may be able to take: wages, bank account, automobile, business property, or rental Income. For some kinds of propetty, 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 Iien 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 the county where the property is located. The recorder will charge a fee for the Abstract of Judgment. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in fuII, you must fill out the form below and mail it to the court immediately or you will be fined. If an Abstract ofJudgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded) 2080082756 To the Clerk of the Court: l am the D judgment creditor D assignee of record. I agree that thejudgment In this action has been paid in fu1| or otherwise satisfied. Date: (TYPE OR PRINT NAME) l (SIGNATURE) SC-130[Rev Julyt 2010] PageZonNOTICE OF ENTRY 0F JUDGMENT (Small Claims)
