Judgment Notice of Entry Small Claims

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

Name and Address of Cour! _ SUPERIOR COURT OF CALIFORNIA SC 13o COUNTY 0F SANTA CLARA 191 North FirstStreet San José, California 95113 SMALL CLAIMS CASE NO.: 205C082858 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. 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 reverse de este formulario para obtener informacién de importancia acerca de sus derechos. PLAINTIFFJDEMANDANTE (Name, street address, and relepmne number 0f each): DEFENDANT/DEMANDADO‘ (Name, steal address, and [efephone number of each): Sheet Metal Workers Local Union No 104 Erasmo Alviar 2610 Crow Canyon Road Suite 300 754 Vestal Street San Ramon, CA 94583 San Jose. CA 95112 Telephone No: Telephone No.: Horne: 4087058761 Telephone No. Tefephone No. D See attached sheet for additional plaintiffs and defendants Date 0f Hearing: September 17. 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY OF JUDGMENT Judgment was entered as checked below on 09/1 7/2020 1. E Defendant (name, if more than one): Erasmo Alviar shall pay plaintiff (name, if more than one): Sheet Metal Workers' Local Union No. 104 $200.00 principal and: $50.00 costs on plaintiffs claim. 2. D Defendant does not owe plaintiff any money 0n plaintiffs claim. 3. D Plaintiff (name, if more than one): Sheet Metal Workers' Local Union No. 104 shall pay defendant (name, if more than one):Erasmo Alviar $ pn'ncipal and2$ 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 property): 6. D Payments are t0 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. 7. D Dismissed in court D with prejudice. D without prejudice 8. D Attorney-Ch’en! Fee Dispute (Attachment to Notice 0f Entry of Judgment) (form 80132) 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 J's not paid, the judgment creditor may appty to have the judgment debtor’s driver's license suspended. 11. Enforcement ofthe judgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. D This notice was personally delivered t0 (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-I certify that I 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 0n the date shown below. Place of mailing: San Jose. California Date of mailing: 03/1 6/2021 Clerk. by ' , Deputy IV Maggie Castellon The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted forNtemau've Mandatory Use NOTICE 0F ENTRY OF JUDGMENT Code ofCivil Procedures §116.610 Judidal Council of Caiifomia l 50-130 [Rev July 1. 2010] (SmaII Clalms) mm/courtinfa cagov SC-1 30 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. Thejudgment or decision of the court appears on the front of this sheet. The court may have ordered one party t0 pay money to the other party. The person (or business) who won the case and who can coilect the money is called thejudgment creditor. The person (or business) who lost the case and who owes the money is called thejudgment debtor. Enforcement ofthe judgment is postponed until the time for appeal ends or until the appeal is decided. This means that thejudgment creditor cannot collect any money or take any action until this pen’od is over. Generally, both parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE . . . 1. lf you lost the case on your own claim and lhe 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 [ost 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 raw 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 addifiona1 fee. You may also ask the court to order monthty 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 0n your own claim. However. if any party appeals. there will be a new trial on all [he 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 [his Notice of Entry of Judgmentwas mailed or handed to you. Your appear 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 lf you did not go lo the trial, you may ask the court to vacate or cancel the judgment. To make this request. you must file a Motion (o Vacate (he 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 nofiCe of denial was mailed to file an appeal. The period to file the Motion (o Vacate the Judgment is 180 days if you were not properly served with the claim. The 180-day period begins on the date you found out 0r should have found out about the judgment against you. IF YOU WON THE CASE . .. 1. 2. [f you were sued by the other party and you won the case, then the other party may not appeal the court’s decision. 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 ciaim 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 0R ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT 0F ASSETS If thejudgment debtor does not pay the money. the Paw requires the debtor to fill out a form ca1led the Judgment Debtor's Statement ofAssefs (form 80-133). This form will telt 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 of Assets 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 708.1 70. 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-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 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 Writ of Execution (form EJ-130) and pay the required fee. A \m'it of execution is a ooun paper that tells a law officer to take property of the judgment debtor to pay your claim. Here are some examples of the kinds 0f 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 Jaw officer for information. ABSTRACT 0F JUDGMENT The judgment debtor may own rand or a house 0r other buildings. You may want t0 put a lien on the property so that you will be paid if the property ls 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 tooated. 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 mai] 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 proper form. SMALL CLAIMS NO.; 2050082858 ACKNOWLEDGEMENT 0F SATISFACTION 0F JUDGMENT (Do not use this form Ifan Abstract of Judgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. I agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) p (SIGNATURE) sc-1soinev July 1. 2010] NOTICE OF ENTRY OF JUDGMENT P3982012 (Small Claims)