Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.March 12, 2020

Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North FirstStreet San Jose'. California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2050082898 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 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 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 formularlo para obtener informacién de importancia acerca de sus derechos. PLAINTIFFlDEMANDANTE (Name, street address, and leflephone number of each): Jose Luis Ceja 1530 W Hillvie Ct DEFENDANTIDEMANDADO‘ (Name, streeraddress. and telephone number of each); Cecilia Escobar 7041 Monterey Road GILROY CA 95020 GILROY CA 95020 Telephone No: Tefephone No.1 Telephone No‘ Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: September 04, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY OF JUDGMENT - AMENDED ( to reflect correct spelling of Defendant’s name ) Judgment was entered as checked below on 09/04I2020 1. E Defendant (name, if more than one): Cecilia Escobar shall pay plaintiff (name, ifmore than one): Jose Luis Ceja $3,000.00 principal and: $135.00 costs on plaintist clalm. TOTAL: $3,135.00 2. D Defendant does not owe plaintiff any money on plaintiff‘s claim. 3. D Plaintiff (name, ifmore than one): Jose Luis Ceja shall pay defendant (name, ifmore than one):CeciIia Escobar $ pn’ncipal 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: $ per (specify period}: (specify day): balance may become due immediately. Dismissed in court D with prejudice. D without prejudice Attorney-Clienr Fee Dispute {Attachment {o Notice of Entry of Judgment) (form SC-1 32) is attached. Other (specify): @QP DUE beginning on (date. A9¢H DUDE debtor's operation ofa motor vehicle. [f the judgment is not have the judgment debtor's driver‘s license suspended. 11. Enforcement ofthe judgment is automatically postponed for 30 days or, ifan appeal is filed. until the appeal is decided. 12. U This notice was personally delivered to (insen name and date): 13. CLERK'S CERTIFICATE OF MAILING-l 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 on the date shown below. Place of mailing: San Jose, Caiifornia Date of mailing: 1210912020 Clerk, by flfiyfézonde The county provides small claims advisor services free of charge. Read thé’fiformation sheet on the reverse. and on the day of each month thereafter until paid in fun. If any payment is missed, the entire This judgment results from a motor vehicle accident .on a California highway and was caused by the judgment paid, thejudgment creditor may applyto , Deputy INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Form Adopted for Alternative Mandatory Use Judia‘al Coundl of California SC-130 [Rev July 1, 2010] NOTICE OF ENTRY 0F JUDGMENT (SmaII Claims) Code of Civil Procedures §116.61U www/courfinfo.ca.gov SC-1 30 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 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 thejudgment debtor. Enforcement of thejudgment is postponed until the time for appeal ends or until the appeal is decided. This means that thejudgment creditor cannot collect any money 0r take any action until this period 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 to pay money, your money and property may be taken to pay the claim unless you do one ofme 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 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 parfy'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 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 Notice of Entry of Judgment was mailed or handed to you. Your appeal wiIl 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 OR CANCEL THE JUDGMENT If you did not go t0 the trial, you may ask the court to vacate or cancel thejudgment‘ 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 i5 denied, you then have 10 days from the date the notice of denial was mailed to 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 180-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. 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. ff you won the case and the court awarded you money. here are some steps you may take to collect your money 0r get possession of your properly: 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. 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 t0 you. THE COURT WILL NOT COLLECT THE MONEY 0R ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT 0F ASSETS If the judgment debtor does not pay the money. the law requires the debtor to fill out a form ca1led 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 ofAssers and to Appear for Examination (form SC-‘l 34) and ask the court to give you your attomey’s fees and expenses and other appropriate reiief, after proper notice, under Code 0f 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-125) and pay the required fee. There i5 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 Smafl 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-1 30) 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 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 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 property so that you will be paid if the property [s 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 wilI charge a fee for the Abstract ofJudgment. NOTICE T0 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 proper form. SMALL CLAIMS NO‘: 2050082898 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form ifan Abstract ofJudgment has been recorded.) To the Clerk of the Court: [ am the D judgment creditor D assignee of record. lagree that the judgment in this action has been paid in full or otherwise satisfied. Date: ' (TYPE OR PRINT NAME) p (SIGNATURE) SC-1 30 [Rev July 1. 2010] NOTICE 0F ENTRY 0F JUDGMENT Page 2 of 2 (Small Claims)