Dismissal Entire ActionCal. Super. - 6th Dist.March 26, 2020Name and Address o! Court SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 Nonh First Street San Jose', California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2080083057 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 the court. Read the back of this sheet for AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiclales 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 e1 reverse de este im ortant information about our ri hts. _p y g formulario para obtener informacién de importancna acerca de sus derechos. DEFENDANTIDEMANDADO' (Name, street address, and Ierephone number of each): HAI HONG NGUYEN ' 4769 Whitetail Lane SAN JOSE CA 95138 PLAINTIFHDEMANDANTE (Name, street address] and telephone number or each): OPORTUN INC 2 Circle Star Way SAN CARLOS CA 94070 Telephone No: Telephone No; Telephone No. Telephone No. D See attached sheet for additional plaintiffs and defendants Date 0f Hearing: September 08. 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 09/08/2020 1. D Defendant (name, ifmore than one): HAI HONG NGUYEN shall pay plaintiff (name, ifmore than one): OPORTUN INC. $ principal and: $ costs on plaintiff's claim. Defendant does not owe plaintiff any money on plaintiff's claim. Plaintiff (name, ifmore than one): OPORTUN INC. shall pay defendant (name, ifmore than one):HA| HONG NGUYEN $ principal andz$ costs 0n 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 pen‘od): beginning on (date. and on the (specify day}: day 0f each month thereafter until paid in full. If any payment is missed, the entire balance may become d e immediately. 2.8 3.El 001A DUB 7. E Dismissed in court with prejudice. D without prejudice 8. D Attomey-Client Fee Dispute (Attachment to Notice 0f Entry of Judgment) (form 80-132) 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 ofa motor vehicle. 1f the judgment is not paid, the judgment creditor may apply to have the judgment debtor‘s driver‘s license suspended. 11. Enforcement ofthejudgment is automatically postponed for 30 days or. ifan appeal is filed. until the appeal is decided. 12. D This notice was personally delivered to (insert name and dare): 13. CLERK'S CERTIFICATE OF MAILING-I certify that I am not a party to this action. This Notice of Entry ofJudgmenrwas 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. ShahteVHernandez Place of mailing: San Jose, California Date of mailing: 09/11/2020 Clerk. by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Code o: Civil Procedures g1 155mForm Adopted for Ahernalive Mandatory Use WV/courfln/ocagovJudicial Council o! Calitornia 80-130 [Rev July 1, 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) SC-130 INFORMATION AFTER JUDGMENT I 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 lo 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 ofthe judgment is postponed until the time for appeal ends or unti1 the appeal is decided. This means that the judgment creditorcannot collect any money or take any action until this period is over. Generally. both parties may be represented by lawyers aflerjudgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 1. If you lost the case on your own claim and the court did not Ask thejudgment debtor to pay the money. lfyour claim was award you any money, the court‘s decision on your claim is for possession of property, ask the judgment 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 FORYOU. your money and property may be taken to pay the claim unless you do one ofthe following things: c. STATEMENT 0F ASSETS a. PAY THE JUDGMENT lf the judgment debtor does not pay the money, the law The law requires you to pay the amount of the judgment. requires the debtorto fi1l out a form called the Judgment You may pay the judgment creditor directly. or pay the Debtor‘s StatementofAssefs (form 80-133). 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. lf the judgment debtor willfully ‘ Ask the clerk forinformation aboutthese procedures. fails to send you the completed form, you may file an ‘ b. APPEAL Apph’cation and Order to Produce Statement of Assets and to lf 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. afler proper notice. under Code of Civi1 there will be a new triaf on aIIthe 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 (torm 80-140) and pay the required fees d. 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 Judgmenrwas mailed or handed to you. Yourappeal will be questions about income and property. To do this. ask the 1n 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 OR CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the lf 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 thejudgment. 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 Ducas Tecum (form SUBP-OOZ)‘ required fee within 30 days after the date this Notice of Entry ofJudgment was mailed. If your request is denied. you then e. WRIT OF EXECUTION have 1O days from the date the notice of denial was mailed After you find out about the judgment debtor's property, you to file an appeai. The period to fi1e the Motion (o Vacate the may ask the court for a Writ of Execution (form EJ-1 30) and Judgment is 180 days if you were nor properiy served with pay the required fee. A writ of execution is a court paper that the ciaim, The 180-day period begins on the date you found tells a law officer t0 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 account, automobile, business property, or rental income. [F YOU WON THE CASE ' ~ ' For some kinds of property, you may need to file other forms. 1‘ If you were sued by the other party and you won the case, then See the [aw officer for information the other party may not appeal the court's decision. 2. 1f you won the case and the court awarded you money. here are L ABSTRACT OF JUDGMENT some SFQPS yo“ may take 1° cone“ your money 0r 9a The judgment debtor may own land or a house or other possess'on 0f your pmperty: buildings4 You may want to put a lien on the property so that a. COLLECTING FEES AND INTEREST you will be paid if the propeny 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 thejudgment debtor. These extra costs can become recorder in the county where the property is located. The pan of your original judgment. To claim these fees. ask the recorderwill charge a fee forthe AbstracrofJudgment. clerk for a Memorandum of Costs; 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 proper form. SMALL CLAIMS NO.: 2086083057 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. | agree that the judgment in this action has been paid in full or otherwise satisfied, Date: p (TYPE OR PRINT NAME) (SIGNATURE) 50‘3“““3U‘V 1‘20”] NOTICE 0F ENTRY 0F JUDGMENT ”9° 2 °' 2 (Small Claims)
