Judgment SatisfactionCal. Super. - 6th Dist.April 9, 2020'1 SC-130 e ’1‘ 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 0n the front 0f 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 (0r 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 thejudgment creditor cannot collect any money or 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 lhe 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. 2. If you lost the case and the court ordered you to pay money. your money and property may be taken t0 pay the claim unless 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 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 appea1 the decision on the other party'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 trial. 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 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 lfAyogdedgflgo t0 the trial, you may ask the court to vacate 0r cancel the juagméntTka’e’this requ‘e’sL'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 ofJudgmenf was mailed. If your request is denied. you then have 10 days from the date the notice of denial was mailed to file an appeat. The period to file the Motion to Vacate ms 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. 1f you were sued by the other party and you won the case, then the other party may not appeal the courfs o - HE n. ‘ 2. If you won the case and the court awarded Eu mong, image some steps you may take to collect H‘flfi possession of your property: ia. COLLECTING FEES AND INTEREST - Sometimes fees are charged for filing court papers or money or get clerk for a Memorandum of Costs. b. VOLUNTARY PAYMENT Ask the judgment debtor t0 pay the money. If your claim was for possession of property. ask the judgment debtor t0 return the property to you. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS If 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 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 faits to send you the completed form. you may file an Appfication and Order to Produce Statement of Assets and to Appear for Examination (form 80-134) 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 708,170, d. ORDER 0F EXAMINATION Y0u 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 ’Subpoenafiand-Dectaration-(form 80-107)"or C(vil Subpoena Duces Tecum (form SUBP-OOZ). e. WRIT OF 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 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 of 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. EA fi Ingan Abstract of Judgment (form EJ-001) with the county recorder In the county where the property is located. The 9 Domiorder will charge a fee for the Abstract of Judgment. Univ 6} san‘ta Clarapv ‘I , t ---- _ . _ ... T , at: . NOTICE TO THE PARTY WHO WON: As soon as Wu gave 65$ paTa m’fullffofi’fiust fil! out the form below and mail it to the court immediately or you will be fined, proper form. If an Abstract of Judgment has en recorded, you must use another form; see the clerk for the David Pinheiro SMALL CLAIMS NO.: 2030183140 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT {Do not use this form :‘f an Abstract ofJudgment has been recorded.) To the cg/onhe Coun: I am the judgment creditor D assignee of record. l agree that thejudgment in this action has been paid I'n full or otherwise satisfied. Date: Sewn 80v” M01“ (TYPE 0R PRINT NAME) > (S1GNATU RE) 50-130 [Rev July 1. 201 0] NOTICE OF ENTRY OF JUDGMENT (SmaIl Claims) Paga 2 of3 I .5“. ‘ Name and Address of Court SUPERIOR COURT 0F CALIFORNIA 3 SC-1 30 COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 20$C0831 40 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 important information about your rights. AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por la cone 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. Telephone No. D See attached sheet for additional plaintiffs and defendants PLAINTIFFIDEMANDANTE (Name, street address, and telephone number of each): Heejoo Yang 993 Wisteria Ter Sunnyvale CA 94086 Telephone No: DEFENDANT/DEMANDADO‘ (Name, slree! address, and telephone number of each): Sam Soon Chon 60 Wilson Way SPC 180 Milpitas CA 95035 Teleph one No.2 Teleph one No. Date of Hearing: September 24, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgmentwas entered as checked below on 09/24/2020 beginning on (date. and on the day of each month thereafter until paid in full. If any payment is missed, the entire paid. thejudgment creditor may applyto 1. D Defendant (name, if more than one): Sam Soon Chon shall pay plaintiff (name, if more than one): Heejoo Yang _ principal and: $ costs 0n plaintiff's claim. . 2. E DEféfidfit-do-efifot oWe’plaintiff anymoney on plaintiff’s'claim. ' '” - - r-fl? 3. E Plaintiff (name, ifmore than one): Heejoo Yang shalt pay defendant (name, ifmore than one):Sam Soon Chon $ 334 principal and :$50 costs 0n 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 to plaintiff (describe property): 6. D Payments are to be made at the rate of: $ per (specify period): (specify day): balance may become due immediately. 7. D Dismissed in court D with prejudice. D without prejudice 8. D Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form 80-132) is attached. 9. E Other (specify): SEE ATTACHED Exhibits returned to presenting party. 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 is not have the judgment debtor's drivers 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-I certify that | am not a party to this action. This Notice of Entry ofJudgment was mailed first c1858, postage prepaid. in a seated 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 0f mailing: San Jose, Califomia S. MARSHALL Stacie Marsha“ Date of mailing: 12/1 6/2020 Clerk, by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted for Altemau've Mandatory Use Judicial Cound1 o! California SC-130 [Rev July 1. 201D] Code ofCivil Procedures §1‘IGV6‘IO www/coumhfo.ca.govNOTICE OF ENTRY 0F JUDGMENT (Small CIaims)
