Judgment Notice of Entry Small Claims

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

Name and Address of Court iSUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José. California 95113 80-130 SMALL CLAIMS CASE NO.: 2030082915 NOTICE T0 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 tho 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 judiclales menores. Si la corte ha dacldido en su contra y ha ordenado que usted pague dinero, le pueden quitar su salarlo, su dinero, y otras cosas de su propiedad, sin aviso adiclonal por part9 do esta corte. Lea e] reverso de este formulario para obtener informacién do importancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name, street address, and (afephons number o! each): Don Robe'rto Jewelers Inc 2200 Eastridge Loop Ste 2075 SAN JOSE CA 95122 Te1ephone No: DEFENDANT/DEMANDADO' (Name. s1reet address. and telephone numbsr o! each): Lazaro Francisco Suarez 1158 Sunnyvale Saratoga Rd Apt 1 SAN JOSE CA 95112 Telephone Nu; Teiephona No. Te1ephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: January 28. 2021 NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 01/28/2021 1. E Defendant (name, ifmore than one): Lazaro Francisco Suarez shall pay plaintiff (name, ifmore than one): Don Roberto Jewelers Inc. $2100 principal and: $150 costs on plaintiffs claim. 2. D Defendant does not owe plaintiff any money on plaintiff's claim. 3. D Plaintiff (name, ifmore than one): Don Roberto Jewelers Inc. shalt pay defendant (name, if more than one):Lazaro Francisco Suarez $ principal andz$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession of the following property is awarded to pIaintiff (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 prejudicé Attomey-Clien! Fee Dispufe (Attachment to Notice of Entry ofJudgment) (form 80-1 32) is attached. Other (specify): . This judgment results from a motor vehicle accident on a California highway and was caused by the judgment Hearing officer: Erik S Johnson mom? EDD beginning on (date. AQQfl DUDE] and on the day of each month thereafter until paid in full. If any payment is missed. the entire debtor'soperation ofa motor vehicle. If the judgment is not paid, thejudgment creditormayapplyto 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 to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Entry ofJudgment was mailed first class. postage prepaid. in a sealed envelope to the parties at the addresses shown a ove. The mailing and this certification occurred at the place and on the date shown below. Place of mailing: San Jose. California Date of mailing: 01/28/2021 Cle k. b . Deputy ' ‘étacie Marshall \. The county provides small claims advisor services free of charge. \Qead the information sheet on the reverse. Form Adopled (or Altemative Mandaiory Use Judiu'al Coundl of California SC-1 30 [Rev July 1. 2010] NOTICE 0F ENTRY OF JUDGMENT (Small Claims) Code of CMI Procedures 5116610 www/courflnfo.ca.gov ."V 50-130 INFORMATION AFTER JUDGMENT 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 is 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 LOSTTHE CASE . .. 1. lf you lost the case on your own clalm and the court did not award you any money. the court's decision on your claim ls 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 uniess 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 lo 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 me other party's claim. You may not appeal the decision on your own claim. However, if any party appeals. there will be a new tn'al on allthe c1aims. If you appeared at the tria1. you must begin your appeal by filing a form cailed a Notice of Appeal (form 80-140) and pay the required fees within 30 days after the date this Notice of Envy 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 If you did not go to the tfial. you may ask the court to vacate or cancel the judgment. To make this request. you must fite a Motion to Vacate the Judgment (form SC-1 35) and pay the required fee within 30 days after the date this Notice of Entry ofJudgment was mailed. If your request is denled. 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 properfy 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. 1F YOU WON THE CASE . .. 1. If you were sued by the other pariy 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 propeny: 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 cIaim was for possession of property, ask the judgment debtor to return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS H 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 80-133). This form will tell you what propeny the judgment debtor has that may be available to pay your claim. lf the judgment debtor willfully fails t0 send you the completed form. you may file an Application and Order to Produce Statement ofAssets and to Appear for Examination (form SC-1 34) and ask the court to give you your attorneys fees and expenses and other appropriate relief, after proper notice, under Code of Civil Procedure section 708.170. . ORDER 0F EXAMINATION You may aiso 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 ls a fee 1f 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 Decraration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT 0F EXECUTION After you find out about the judgment debtofs 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 0f the judgment debfior to pay your claim. Here are some examples 0f the kinds of property the officer may be able to take: wages, bank account. automobile, business property. or rental income. For some kinds of propeny. you may need to file other forms. See the law officer for information. ABSTRACT OF JUDGMENT The judgment debtor may own rand 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 o! 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 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 oryou will be fined. 1f an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO; 208C082915 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJuo'gmen! has been recorded.) To the Clerk of the Court: I am the D judgment creditor D assignee of record. l agree that Ihejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) y (SIGNATURE) 50-130 [Rev Juw 1. 2010: NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)