Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.January 7, 2020

Name and Address Of Court SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North FirstStreet San Jose'. California 95113 SC-130 SMALL CLAFMS CASE NO.: 205C082798 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been declded. 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 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. PLAINTIFF/DEMANDANTE (Name. street address, and refephone number of each); Santa Clara County Federal Credit Union 1641 North First Street Suite 170 SAN JOSE CA 95112 Telephone No: Telephone No‘ DEFENDANTIDEMANDADO' (Name. steer address, and :elephona number of each): Fausto N Lugardo Medina 550 Kiely Blvd #51 SAN JOSE CA 95117 Telephone No.2 Tel ephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: September 01, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 09/01/2020 beginning on (date. and on the paid. thejudgment creditormay applyto 1. E Defendant (name, ifmore than one): Fausto N. Lugardo Medina shall pay plaintiff (name, if more than one): Santa Clara County Federal Credit Union $4654.37 principal and: $90.00 costs on plaintiff‘s claim. 2. U Defendant does not owe plaintiff any money on plaintiff's claim. 3. D Plaintiff (name, ifmore than one): Santa Clara County Federal Credit Union shall pay defendant (name, ifmore than one):Fausto N. Lugardo Medina $ principal andz$ 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 t0 plaintiff (describe properiy): 6. D Payments are to be made at the rate of: $ per (specify period): (specify day): day of each month thereafler until paid in full. If any payment is missed, the entire balance may become due immediately. 7. D Dismissed in court D with prejudice. D without prejudice 8. D Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. 9. D Other (specify): . 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 judgment is not have the judgment debtor's driver's license suspended. 11. Enforcement of the judgment is automatically postponed for 3D days or, if an appeal is filed. until the appeal is decided. 12. D This notice was personally 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 Judgmentwas 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. ShaWI-iemandez Place of mailing: San Jose. California Date of mailing: 09/03/2020 Clerk. by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Allemaljve Mandatory Use Judicial Coundl of California 30130 [Rev July 1. 2010] Code of Civil Procedures §1 16.610 wmv/ooumhfo,ca,govNOTICE 0F ENTRY 0F JUDGMENT (Small Claims) SC-1 30 INFORMATION AFTER JUDGMENT l 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 (0r 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 thejudgment is postponed until the time for appeal ends or until the appeai is decided. This means that thejudgment creditor cannot collect any money or take any action until this period is over. Generaily. both parties may be represented by lawyers after judgment. 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. 1f 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 d0 one of the following things: a. PAY THE JUDGMENT The law requires you t0 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 80-140) 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 evidence again. You may be represented by a lawyer. c. VACATE 0R CANCEL THE JUDGMENT 1f 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 (he 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 of denial was mailed t0 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 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. [f you were sued by the other party and you won the case, then the other party may not appeal the court’s decision. 2. lf you won the case and the court awarded you money. here are some steps you may take to collect your money or get possession 0f your property: 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. 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 0R ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT 0F ASSETS lfthe judgment debtor does not pay the money, the law requires the debtor to fill out a form called the Judgment Debtor’s Statement of Assets (form SC-1 33). 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 me completed form. you may file an Appiicarion and Order to Produce Statement ofAssets 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 coun 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-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-UOZ). . WRIT 0F EXECUTION After you find out about the judgment debtor‘s property, you may ask the court for a Writ of Execuu‘on (form EJ-130) and pay the required fee. A writ of execution is a court paper that tells a raw 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 infomation. 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 wirl 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 ofJudgment. 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 court immediateiy or you will be fined. If an Abstract 0f Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO‘: 20$C082798 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee 0f record. Iagree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) k (SIGNATURE) 30-1 30 [Rev July 1, 201 0) NOTICE 0F ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)