Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.March 6, 2020

Name and Address of Coun SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José. California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 20$C082850 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. AVISO A TODOS LOS DEMANDANTES YDEMANDADOS: Su caso ha sido ‘resuelto por Ia 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 adiciohal por parte de esta corte. Lea el reverso de este formulario para obtener informacién de importancia acerca de sus derechos. I PLAINTIFFIDEMANDANTE (Name. street address, and telephone number of each): Jack A Siegel 530 Lawrence Ecpy Box 391 SUNNWALE CA 94085 Telephone No: Telephone No. \y D See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO' (Name, street address, and telephone number of each): Antonios Proios 531 Addison Ave PALO ALTO CA 94301 Telephone No.: Telephone No. Date of Hearing: September 04, 2020 Hearing officer: Erik S Johnson Judgment was entered as checked below on 09/1 6/2020 NOTICE OF ENTRY 0F JUDGMENT 1. K1 Defendant (name, if more than one): Antonios Proios shall pay plaintiff (name, ifmore than one): Jack A. Siegel $2,900.00 principal and: $0.00 costs on plaintiff’s claim. TOTAL: $2,900.00 2. D Defendant does not owe plaintiff any money on plaintiff's claim. 3. D Plaintiff (name, ifmore than one): Jack A. Siegel shall pay defendant (name, ifmore than one):Antonios Proios $ principal and:$ @99 EDD Payments are to be made at the rate of: $ (specify day): balance may become due immediately. Dismissed in court D with prejudice. prN DEED debtor's operation ofa motor vehicle. If the 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): per (specify period): day of each month thereafter until paid in full. beginning on (date. D without prejudice Attomey-Client Fee Dispute (Attachment to Notice of Entry ofJudgment) (form SC-1 32) is attached. Other (specify): Plaintiff’s exhibit is returned with this notice bv mail. This judgment results from a motor vehicle accident on a California highway and was caused by the judgment judgment is not paid, the judgment creditor may apply to have the judgment debtor's driver's license suspended. ~ 11. Enforcement of the judgment'Is automatically postponed for 30 days or if an appeal'ls filed until the appeal ls 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 a't the addresses shown above. The mailing and this certification occurred at the place and on the date shown below. Place of mailing: San Jose‘. California Date of mailing: 09/29/2020 l, i bl Ann Vizconde Clerk, by and on the lf any payment is missed, the entire .Deputv The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Alternative Mandatory Use Judicial Council of California SC-1 30 [Rev July 1, 2010] NOTICE OF ENTRY 0F JUDGMENT (Small Claims) Code of Civil Procedures §1 16.610 www/courfinfo.ca.gov 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 (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 i$ 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 afterjudgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 1. 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 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 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 2. If you lost the case and the court ordered you to pay money, MONEY OR ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay the claim unless you do one of the following things: c. STATEMENT OF ASSETS a. PAY THE JUDGMENT If the judgment debtor does not pay the money, the law The law requires you to pay the amount of the judgment. requires the debtorto fill out a form called the Judgment You may pay the judgment creditor directly, or pay the Debtor‘s Statement ofAssets(form 30-133). This,form willtell judgment to the court for an additional fee. You may also you what property the judgment debtor has that may be ask the court to order monthly payments you can afford. available to pay your claim. If the judgment debtor willfully Ask the clerk for information about these procedures. fails to send you the completed form, you may file an b. APPEAL Application and Order to Produce Statement ofAssets and to If you disagree with the court's decision, you may appeal the Appear for Examination (form 30-134) and ask the court to decision on the other party's claim. You may not appeal the give- you your attorney's fees and expenses and other decision on your own claim. However. if any party appeals, appropriate relief. afler proper notice. under Code of Civil there will be a new trial on all the claims. If you appeared at Procedure section 708.170. the trial, you must begin your appeal by filing a form called a Notice of Appeal (form SC-140) and pay the required fees . ORDER OF EXAMINATION within 30 days after the date this Notice of Entry of You may also make the debtor come to court to answer Judgmentwas mailed orhanded to you. Yourappeal will be questions about income and property. To do this, ask the in the superior court. You will have a new trial and you must clerk for an Application and Order for Appearance and present your evidence again. You may be represented by a Examination (Enforcement of Judgment) (form EJ-125) and lawyer. pay the required fee. There is a fee if a law officer serves the c. VACATE 0R CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the If you did not go to the trial, you may ask the court to vacate judgment debtors financial records. Ask the clerk for the Small or cancel the judgment. To make this request. you must file Claims Subpoena and Declaration (form SC-107) or Civil a Motion to Vacate the Judgment (form SC-135) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Notice of Entry of Judgment was mailed. If your request is denied, you then . WRIT OF EXECUTION have 10 days from the date the notice of denial was mailed After you find out about the judgment debtor's property, you to file an appeal. The period to file the Motion to Vacate the may ask the court for a Writ of Execution (form EJ-130) and Judgment is 180 days if you were not properly served with pay the required fee. A writ of execution is a court paper that the claim. The 180-day period begins on the date you found tells a law officer to take property of the judgment debtor to out or should have found out about the judgment against pay your claim. Here are some examples of the kinds of you. property the officer may be able to take: wages, bank IF YOU WON THE CASE I I I account, automobile, busmess property, or rental Income.For some kinds of property, 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 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 out the form below and mail it to 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 I am the D judgment creditor D assignee of record. proper form. SMALL CLAIMS NO.: 2030082850 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) p (SIGNATURE) SC-1 307[Rev July 1. 201 0] NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims) SMALL CLAIMS JUDGMENT Case Name: JACK SIEGEL v. ANTONIOS PROIOS Case Number: 208C082850 Date of hearing: 9/4/20 Plaintiff and Defendant appeared. Venue is proper and the claim was filed timely and served properly and timely. A loan of $2900 and the value of certain personal property in defendant’s possession is at issue The Court finds insufficient proof regarding the value of the personal property and the Court cannot determine such value. Defendant admits the personal loan of $2900. The Court finds the breach for repayment to have occurred with the statute of limitations. Plaintiff Defendant Demand ‘ $ 2,900. $ a “+11 o1"UIJLVL . The clerk shall attach this page t0, 0r include the above information in, the Judgment. Dated: 9/16/20 ERIK S. JOHNSON AB 3088; CCP 116.233 9/4/20 Copeland