Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.March 16, 2020

I- Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2080082944 ”N“ NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. 1f 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 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 adicional por parte de esta corte. Lea el reverso de este formulario para obtener infonnacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name‘ street address, and telephone number of each): Patty Dignan > 2011 Little Orchard St SAN JOSE CA 951 25 Telephone No: Telephone No‘ D See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO‘ (Name, Street address. and telephone number ofeach): Victoria Pontenella 831 Brevins Loop SAN JOSE CA 95125 Telephone N04: Telephone No, Date of Hearing: August 19, 2020 Hearing officer: Christine Copeland NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 08/19/2020 1. g Defendant (name, if more than one): Victoria Pontenella shall pay plaintiff (name, ifmore than one): Patty DIgnan $1700 principal and: $0 costs on plaintiff’s claim. 2. D Defendant does not owe plaintiff any money on plaintiff‘s claim. 3. D Plaintiff (name, ifmore than one): Patty Dignan shall pay defendant (name, ifmore than one):\ficton'a Pontenella $ principal and:$ costs 0n defendant's claim. 4. 'D Plaintiff does not owe defendant any money 0n 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 0n (date. and on the (specifl/ day): day of each month thereafter until paid in full. If any payment is missed, the entire balance may become due immediately. Other (specify): Dismissed In court D with prejudice. D without prejudice Aflorney-Clr‘ent Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. DUDE debtor's operation ofa motor vehicle, 1f the This judgment results from a motor vehicle accident on a California highway and was caused by the judgment judgment is not paid, thejudgment creditormay applyto 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 personalIy delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party t0 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: 08/25/2020 Stacie Marshall The county provides small claims advisor services free of charge. Rea‘d the information sheet on the reverse. Form Adopted fur Alternative Mandatory Use NOTICE OF ENTRY OF JUDGMENT Code of Civil Procedures §1 16.610 ’ Judicial Coundl of California 50-130 [RevJuIy 1. 20101 (Small Claims) www/courtr‘nfo.ca.gov SC-130 INFORMATION AFTER JUDGMENT [ 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 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 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 or take any action until this period Is over. GeneraHy. both parties may be represented by lawyers afterjudgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 1. If you lost the case on your own ciaim and the ceuri did not Ask the judgment debtor to pay the money. 1f your claim was award you any money, the court's decision on your claim is for possession of property. ask thejudgment debtor to return FINAL. You may not appeal your own claim. 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 foilowing 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 debtor to fill out a form called the Judgment You may pay the judgment creditor directly. or pay the Debtor's SfatemenfofAsseronnn SC-133).Thisform will tell judgment to the court for an additiona1 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 forinformation about these procedures. fails to send you the completed form, you may fiie an b. APPEAL Applicalion and Order to Produce Statement ofAssets and to If you disagree with the court's decision. you may appeal the Appear for Examination (form 80-134) 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. after proper notice, under Code of Civi1 there will be a new trial 0n 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 80140) and pay the required fees d. ORDER 0F EXAMINATION within 30 days after the date this Notice of Entry of You may aIso make the debtor come to court t0 answer Judgmentwas mailed or handed to you. Your appeal willbe questions about income and property. To do this. ask the in the superiorcourt. 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 fl 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 atso 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 0r cancel the judgment. To make this request, you must file Claims Subpoena and Declaration (form 80-107) or Civil a Motion to Vacate the Judgment (form 30-135) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Notice of Entry of Judgmentwas mailed. If your request is denied. you then e. WRIT 0F 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 fife an appeal. The pen’od 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 0f the kinds of you. 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 infon'natjon. 1F YOU WON THE CASE . . . 1. If you were sued by the other party and you woh the case, then the other party may not appeal the coufl's decision. 2. If you won the case and the court awarded you money. here are f. ABSTRACT 0F JUDGMENT some Syeps yo” may take t0 cone” your money 0r gm The judgment debtor may own land or a house or other possess'on 0f your pwperty: buildings. You may want to put a lien on the property so that a. COLLECTING FEES AND INTEREST you will be paid if the property is sold. You can get a lien by Sometimes fees are charged for filing court papers or for filing an Abstract of Judgment (form EJ-001) with the county Serving thejudgmentdebtor.These extra costs can become recorder in the county where the property is located. The part of your original judgment, To claim these fees. ask the recorder will charge a fee for the Abstract ofJudgment. clerk for a Memorandum of Costs. 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; ZOSCOBZQM ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use. (his form ifan Abstract of Judgment has been recorded.) To the Clerk of the Court: 1 am the D judgment creditor D assignee of record. l agree that the judgment in this action has been paid in fulJ or otherwise satisfied. Date: (TYPE OR PRINT NAME) > (SiGNATURE) 56-130 [RevJU'Y "20101 NOTICE 0F ENTRY 0F JUDGMENT ”39m” (Small Claims)