Dismissal Entire ActionCal. Super. - 6th Dist.April 8, 2020Name and Address of Court SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José. California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 208C083145 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 hack 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 formulario para obtener infonnacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, streeraddrass, and telephone number of each): Oportun Inc 2 Circle Star Way San Carlos CA 94070 TBIBphuna No; Telephone No, D See attached sheet for additional plaintiffs and defendants DEFENDANT/DEMANDADO' (Name. slreer address, end telephone number o! each): MICHAEL GABRIEL MACIEL 874 N 11TH ST SAN JOSE CA 95112' Telephone No.1 Horne: 4O8-876-7243 Telephone No. Date of Hearing: October 22, 2020 Hearing officer: Christine CopeIand Judgment was entered as checked below on 10I2212020 NOTICE OF ENTRY OF JUDGMENT 1. D Defendant (name, ifmore than one): MICHAEL GABRIEL MACIEL shall pay plaintiff (name, ifmore than one): Oportun Inc. principal and: $ z D D Plaintiff (name, ifmore than one): Oponun Inc. costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiffs daim. shall pay defendant (name, ifmore than 0ne):M|CHAEL GABRIEL MACIEL $ principal and1$ 0': 0:31 DUB Payments are to be made at the rate of: $ (specify day): balance may become due immediately. Dismissed in court U with prejudice. Other (specify). 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): per (specify period): day of each month thereafter until paid in full. beginning on (date. and on the If any payment is missed, the entire E without prejudice Attomey-Client Fee Dispute (Attachment to Notice ofEnrry of Judgment) (form SC-132) is attached. Awwfi DUDE debtor's operation ofa motor vehicte. If the This judgment results from a motor vehicle accident on a California highway and was caused by the judgment’ judgment is not paid thejudgment creditormayapplyto have the judgment debtor’s driver's license suspended. ‘ 11. Enforcement ofthejudgment 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 | arn 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, California Date of mailing: 02/2312021 /. Clerk, by v Ann Vizconde ,Depuw The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted fur Ailernative Mandatory Use Judicial Council of CaJifcmja 80-130 [Rev July 1, 2010] NOTICE 0F ENTRY 0F JUDGMENT (Small Claims) Code of Civil Procedures 5116.610 www/wuninfocagov 50-130 ' INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision ofthe court appears on the front of this sheet The court may have ordered one party to pay money t0 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 [ost 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 unti1 the appeal is decided. This means that the judgment creditor cannot cotlect any money or take any action until this pen’od is over. Generally. both parties may be represented by lawyers after judgment. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT 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. Ask the judgment debtor to pay the money. If your claim was for possession 0f property. ask the judgment debtor to return 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 0R ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to pay the claim unless you do one ofthe following 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 debtorto fill out a form called the Judgment You may pay the judgment creditor directly, or pay the _ Debtor‘s StatemenrofAssefonrm 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. If the judgment debtor willfully Ask the cterk for information about these procedures. fails to send you the completed form. you may file an b. APPEAL Application and Order to Produce Statement of Assets and to If you disagree with the court's decision. you may appeal the Appear for Examination (form SC-1 34) 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 pany appeals. appropriate relief, afier proper notice, under Code of Civil there will be a new trial on 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 80-140) and pay the required fees ORDER 0F EXAMINATION within 30 days after the date this Notice of Entry of You may also make the debtor come to court to answer Judgmentwas mailed or handed to you. Your appeal will be questions about income and property. To do this‘ ask the in the superior court. You will have a new trial and you must cIerk 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 0R CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the If you did not go to the trial, you may ask the court to vacate judgment debtors financial records. Ask the c1erk for the Small or cancel the judgment. T0 make this request‘ you must file Claims Subpoena and Declaration (form 80-107) or Civil a Motion to Vacate the Judgment (form 80-135) and pay the Subpoena Duces Tecum (fotm SUBP-OOZ). required fee within 30 days afier the date this Notice of Entry of Judgmentwas mailed. If your request is denied. you then . WRIT OF EXECUTION have 10 days from the date the notice of denial was mailed Afler you find out about the judgment debtors property. you to file an appeal. The period to file the Motion to Vacate the may ask the coun for a Wn't 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 of the kinds of you, property the officer may be able to take: wages, bank IF YOU WON THE CASE . ' I account, automobile, busmess property, or rental Income. 1. 1f you were sued by the other party 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 property: a. COLLECTING FEES AND INTEREST Sometimes fees are charged for filing court papers or for sewing 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. For some kinds of property, you may need to file other forms. See the law officer for infomation. ABSTRACT OF 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 is 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 wil1 charge a fee for the Abstract ofJudgment. 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 0f Judgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS No.2 2OSCOBS145 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. | agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) k (SIGNATURE) SC-1 30 [Rev July 1, 2010] NOTICE OF ENTRY OF JUDGMENT Page Z of 2 (Small Claims)