Dismissal Entire ActionCal. Super. - 6th Dist.April 8, 2020Name and Address of Coun SUPERIOR COURT 0F CALIFORNIA 30-1 30 » COUNTY OF SANTA CLARA { 191 North First Street San José, California 95113 SMALL CLAIMS CASE NO.: 20800831 54 NOTICE To ALL PLAINTIFFS AND DEFENDANTS: AVISO A T0003 LOS DEMANDANTES YDEMANDADOS.’ 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 ofthis sheet for important information about your rights. Su caso ha sido resuelto por la corte para reclamos 1 judiciales menores. Si la corte ha decidido en su contra y * ha ordenado que usted pague dinero, Ie 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 informacién de importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name, streefaddress, and telephone number of each): DEFENDANTIDEMANDADO' (Name, streetaddtess, and telephone number of each): Oportun lnc IRENE AVELAR 2 Circle StarWay ‘ 8353 FOREST ST San Carlos CA 94070 GILROY CA 95020 Telephone No: Telephone No.1 Horne: 669-253-31 14 Telephone No‘ Telephone No. D See attached sheet for additional plaintiffs and defendants Date of Hearing: October 22. 2020 Hearing officer: Christine Copelahd NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 10122I2020 1. D Defendant (name, ifmore than one): IRENE AVELAR shall pay plaintiff (name, ifmore than one): Oponun Inc. principal and: $ costs on plaintiff’s claim. 2. D Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore than one): Oportun Inc. shall pay defendant (name, ifmore than one):|RENE AVELAR $ principal andt$ costs on 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 pen‘od): beginning on (date. and on the ; (specify day): day of each month thereafter until paid in full. If any payment is missed. the entire 3 balance may become due immediately. ' ‘ 7. D Dismissed in court D with prejudice. D without prejudice 8. D Attomey-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-132) is attached. 9. E Other (specify): No aggearance. 10. D This judgment results from a motor vehicle accident on a California highway and was caused by the judgment 1 debtor's operation ofa motor vehicle. If the judgment is not paid, the judgment creditor may apply to i have the judgment debton’s driver's license suspended. l 11. Enforcement ofthe judgment Is automatically postponed for 30 days 0r 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 l am 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: 02I2312021 / Clerk by/ , Deputy/Ann Vizconde The county provides small claims adviser services free of charge. Read th/e in/formation sheet on the reverse. madgszzzz°g£zsgizrsMam”5° NOTICEOF ENTRY OFJUDGMENT Wmmgg‘: sc.130[Rev July1,201ol (Small Claims) SC-1 3D INFORMATION AFTER JUDGMENT INFORMA CION 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 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 after judgment, IF YOU LOST THE CASE . ., 1. 1f 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. [f you lost the case and the court ordered you to pay money, your money and property may be taken to pay the claim unless you do one ofthe 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 infonnation about these procedures. b. APPEAL 1f you disagree with the court's decision, you may appea1 the decision on the otherparry's claim You may not appeal the decision on your own claim. However. if any party appeals. there will be a new trial 0n all the claims. If you appeared at the trial, you must begin your appeal by filing a fonn 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 If you did not go to the trial, you may ask the court to vacate or cancel the judgment To make this request‘ you must file a Motion to Vacate the Judgment (form 80-135) and pay the required fee within 30 days afler the date this Notice of Entry of Judgmentwas mailed. If your request is denied, 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 propefly servad with the claim The 180-day period begins on the date you found out or shoutd 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 court's decision. 2. lf 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 serving 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. b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was for possession of property. ask the judgment debtor to return the property to youA THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS lfthe judgment debtor does not pay the money, the law requires the debtor to fill out a form called the Judgment Debtor’s Statement ofAssers (form 80-133). This form wi1l tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor willfully fails to send you the completed form, you may file an Application and Order to Pmduce Statement of Assets and to Appear for Examination (fonn SC-1 34) and ask the court to give you your attorney's fees and expenses and other appropriate relief, afier proper notice, under Code of Civil Procedure section 708.170. ' ORDER OF EXAMINATION You 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-125) and pay the required fee. There i's 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 Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT 0F EXECUTION After you find out about the judgment debtors property. you may ask the court for a Wn't 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 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. 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 0f 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 ofJudgmenr. 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. [f an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form SMALL CLAIMS NO.: 20300831 54 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT {Do not use this form ifan Abstract of Judgment has been recorded.) To the Clerk of the Court: | am the D judgment creditor D assignee of record. | agree that the judgment [n this action has been paid in full or otherwise satisfied. Date: p (TYPE OR PRINT NAME) (SIGNATURE) 30-130 [Rev July 1. 201a] Page 2 or 2NOTICE OF ENTRY 0F JUDGMENT (Small Claims)
