Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.January 13, 2020

Name and Address of Coun sc_1 3o SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, Cafifornia 951 13 SMALL CLAIMS CASE NO.: 208C082804 AVISO A TODOS L03 DEMANDANTES Y DEMANDADOS: 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 dlnero, 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. NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Yoursmall 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. PLAINTIFF/DEMANDANTE (Name, street address, andre/epnone number creamy DEFENDANTIDEMANDADO' (Name, street address, and telephone number of each); Challenge Financial Services Inc Litia Mapa 1004 W Taft Ave Ste 100 2772 MeadFaire Dr ORANGE CA 92865 SAN JOSE CA 95111 Litia Tuipulotu Mapa Telephone No: Telephone No.1 Telephone No. Terephone 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 1. E Defendant (name, if more than one): Litia Mapa shall pay plaintiff (name, ifmore than one): Challenge Financial Services, lnc. $ 1,338.52 principal and: $ 145.00 costs on plaintiff’s claim. TOTAL: S 1,983.52 2. D Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore than one): Challenge Financial Services. Inc. shall pay defendant (name, ifmore than one):Litia Mapa $ principa{ and:$ 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: § 100.00 per month beginning on October 15, 2020 and on the 1i“ 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 80-132) 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 t0 have the judgment debtor's driver‘s license suspended. 11. Enforcement 0fthejudgment is automatically postponed for 3O days or. ifan 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-l certify that l 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. 9.01.4: KEN] DUDE Place of mailing: San Jose. California Date of mailing: 0910112020 MClerk, by , Deputy y Ann Vizconde The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Alternative Mandatory Use NOTICE OF ENTRY OF J UDGMENT Coda of Civil Procedures §T16V510Judicial Council uf California ww/cominfo ca gov 30-130 [Rev Juxy 1, 201a] (Small Claims) J 80-130 INFORMATION AFTER JUDGMENT I 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 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 until this period is over. Generally, both parties may be represented by lawyers afterjudgment‘ b. VOLUNTARY PAYMENTIF 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 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 atso ask the court to order monthly payments you can afford. Ask the clerk for infonnation about these procedures. b. APPEAL [f 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 ciaim. However. if any party 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 Judgmentwas mailed or handed to you. Your appeal will be in the superior court You will have a new trial and you rnust 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 80-135) 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 to file an appeal, The period t0 file the Motion to Vacate the Judgment is 180 days if you were not propefiy served with the claim. The 180-day period begins on the da‘e you found out or should have found out about the judgment against you; IF YOU WON THE CASE. .. 1. 1f 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 coun 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 serving the judgment debtor. These extra costs can become part 0f your original judgment. To claim these fees, ask the clerk for a Memorar'zdum 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 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. If the judgment debtor willfully fails to send you the completed form. you may file an Application and Order to Produce Statement ofAssets and to Appear for Examination (form 80-134) and ask the court to give you your attorney‘s fees and expenses and other appropriate relief. afler proper notice. under Code of Civil Procedure section 708.170. 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 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 0F 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 abte to take: wages, bank account. automobile, business property, or rental income. For some kinds of property, you may need lo file other forms, See the raw 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 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 full. you must fill outthe form below and mail it to the court Immediately 0r you will be fined. If an Abstract ofJudgment has been recorded. you must use another form; see the clerk forthe proper form. SMALL CLAIMS NO.: 2050082804 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use (his form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: lam the Djudgment creditor D assignee of record. | agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) b (SIGNATURE) 50-130 [Rev July 1, 2010] NOTICE OF ENTRY 0F JUDGMENT Page 2 of 2 (Small Claims)