Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.February 28, 2020

Name and Address o! Court SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. California 951 13 SC-130 SMALL CLAIMS CASE NO.: 2080082769 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. lf 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 sido 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. PLAINTIFFfDEMANDANTE (Name. street address, and telephone number of each): Melinda M. Ramirez 17975 Calle Hermosa MORGAN HILL CA 95037 /Plaintiff Appears. D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO‘ (Name, skeet address, and telephone number of each): Alan Villavicencio 16865 Barnell Avenue, Unit #B MORGAN HILL CA 95037 Defendant Does Not Appear. f? / [Date ofHearing: 02/11/2021 1pm D15] Hearing Officer: Hon. Commissioner Christine Copeland Judgmentwas entered as checked below on: 02/1 1/2021 1 E’Defendant (name, if more than one): shall pay plaintiff (name, if more than one): $7,040.04 Principal + $115.00 Costs = 2. D 3. D [ NOTICE OF ENTRY OF JUDGMENT] Alan Villavicencio Melinda M. Ramirez $7,155.04 Total Judgment On The Plaintiff’s Claim. Defendant does not owe plaintiff any money on pFaintiff‘s claim. Plaintiff (name, ifmore than one): Melinda M. Ramirez; Jesse R Ramirez shall pay defendant (name, if more than one):Alan Villavicencio $ principal and:$ costs on defendant's claim. 4. D Plaintiff does not owe defendant any money on defendant's claim 5. D Possession of the following property is awarded to plaintiff (describe property): 8. D Payments are to be made at the rate of: $ day): due immediately. Dismissed in court D with prejudice. per {specify period): day of each month thereafter until paid in full. If any payment is missed. the entire balance may become beginning on (date. and on the (specify D without prejudice Attorney-Cn’ent Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-1 32) is attached. 7. E8§ pOther (specify):DEFENDANT does NOT have the required B.A.R. I Bureau Of Automotive Repair License.See Attached Judgment Validation Sheet Issued By The Court. The COURT notes that theWritten Notice Of Entry OfJudgment will be issued to both parties via U.S. Postal Mail. 10. D 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 not license suspended‘ judgment is paid. thejudgment creditor may apply to have the judgment debtor's driver‘s 11. Enforcement ofthe judgment is automatically postponed for 30 days or. If an appeal is filed, until the appeal is decided. D This notice was personally delivered to (insert name and date):é CLERK'S CERTIFICATE OF MAILING-I certify that l am not a party to this action. This Notice 0f Entry ofJudgment wasmailed 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 0f ailin : San Jose.Califomia Dat ofmaili :07/12/2021 , Deputy Kathy Davidson Form Adopted for Alternaljve Mandatory Use Judicial Council of California 30-130 [Rev July 1. 2010] NOTICE 0F ENTRY OF JUDGMENT (Small Claims) Code of Civil Procedures §1 16.610 www/Courf/hfo. ca.gov SC-130 INFORMATION AFTER JUDGMENT INFORMA CION 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 thejudgment creditor. The person (or business) who lost the case and who owes the money is called thejudgment debtor. Enforcement ofthejudgment 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 pen‘od 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. If you lost the case and the court ordered you t0 pay money. your money and property may be taken to pay the claim unless you d0 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 directty, or pay the judgment to the court for an addifionat 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 (he other party's claim. You may not appeal the decision on your own c1aim. However. if any party appeals, there will be a new tn'al on all the claims. If you appeared at the tn'al. 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 Nolice 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 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-1 35) and pay the required fee within 30 days after the date this Notice of Entry of Judgment was mailed. If your request is denied. you then have 10 days from the date the notice 0f denial was mailed to file an appeal. The period to file the Motion to Vacate the Judgmen! is 180 days if you were nor properly served with the claim. The 180-day period begins on the date y0u found out 0r 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. 1f you won the case and the court awarded you money. here are some steps you may lake 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 thejudgment debtor. These extra costs can become part 0f 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 OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS If the judgment debtor does not pay the money. the raw requires the debtor to fill out a form called the Judgment Debtor’s Statement ofAssets (form 50-133). This form will tell you what property the judgment debtor has that may be avai1able to pay your claim. If the judgment debtor willfully fails to send you the completed form, you may file an Application and Order (o Produce Statement ofAssers and 1‘0 Appear for Examination (form 80-134) 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 Order for Appearance and Examination {Enforcement of Judgment) (form EJ-1 25) 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 30-107) 0r Civii 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 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 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 0F JUDGMENT The judgment debtor may Own land or a house or other buildings. You may want to put a lien on the propefly 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 ofJudgmem‘. NOTICE TO THE PARTY WHO WON: As soon as you have been paid in fult, you must fill out the form below and mail it t0 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.: 2080082759 ACKNOWLEDGEMENT 0F SATISFACTION OF JUDGMENT (Do nor use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: I am the D judgment creditor D assignee of record. Iagree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE 0R PRINT NAME) p (SIGNATURE) sc-130 [Rev July 1. 20101 NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims) o o@ SMALL CLAIMS JUDGMENT Case Name: @(LWFLQ; d U E \Mu [L_anfi‘c Case Number: g5) SC; agoLa/bfi Q’S(’}§L\ Date 0f hearing: Plaintiff is owed Defendant is owed #-' $___ Costs $ i3’4fi Li o $ $ (DQCMvM-‘K‘ Ok‘l‘tg MAF- kM-Q- ’hw‘ (Ward 6 P A ‘fl . KLFCM‘LQ DThe rent at issue accrued prior to 3 DTenant has already vacated the premises DThiS order complies with AB3038 DOther: The clerk shall attach this page to, 0r include the above information in, the Judgment. A Dated: gr.“ ' J-K flK r COMMISSIONER CHRISTINE COPELAND