Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.May 18, 2020

Narm and Address of Court sc_1 30SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 Nonh First Street San José, California 95113 SMALL CLAIMS CASE N0.: 2080083358 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 informatlon about your rights. Su caso ha sido resuelto por Ia corte para reclamos judiciales menores. Si Ia corte ha decldido en su contra y ha ordenado que usted pague dinero, le pueden quitar su salario, su dinero, y otras cosas de su propiedad, sin avlso adiclonal por parte de esta corte. Lea el reverse de este formulario para obtener informaclén d9 importancia acerca de sus derechos. PLAINTIFFIDEMANDANTE (Name. streel address, andrelephone number of each); DEFENDANT/DEMANDADO' (Name, street address] and telephone number of each}: Denise Lee Dirks Sarah Zabala 6516 Lonetree Blvd 1005 Forestal Lane ROCKLIN, CA 95765 Waterford, CA 95386 Telephone No: Telephone No: Home: (408) 489-8722 Telephone No. TeIephone Nov U See attached sheet for additional plaintiffs and defendants Date of Hearing: October 22‘ 2020 Hearing officer: Erik S Johnson NOTICE 0F ENTRY 0F JUDGMENT Judgment was entered as checked below on 10/22/2020 1‘ E Defendant (name, if more than one): Sarah Zabala shall pay plaintiff (name, ifmore than one): Denise L. Dirks $2,158.11 principal and: $170.00 costs 0n plaintiff‘s claim. 2‘ D Defendant does not owe plaintiff any money on plaintiffs claim. 3‘ D Plaintiff (name, r'fmore than one): shall pay defendant (name, ifmore than one): $ principal andz$ 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): 64 D Payments are to be made at the rate of: $ per (specify period): beginning on (date. and on the (specify day): day of each month thereafter until paid in full. If any payment is missed. the entire 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 30-132) 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 of a motor vehicle. If the judgment is not paid. the judgment creditor may apply to have the judgment debtor‘s driver‘s license suspended. 11, Enforcement 0fthe 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 cenify that I am not a party to this action. This Notice of Entry ofJudgmentwas mailed first class, postage prepaid. in a sealed envelope to the panies 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: 0112112021 Clerk. by . Deputy Ma 1e Cas e Ion The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form AdoptedforAJternativa Mandatory Use NOTICE OF ENTRY 0F JUDGMENT Code Olav“ Procedures 5116.610Judidal Coundl of Cahforn'a www/counlnmcagov sc-Iaomev July 1,2010] (Small Claims) SC-1 30 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 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 1's 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 afterjudgment‘ IF YOU LOST THE CASE . . . 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. If you lost the case and the court ordered you to pay money. your money and property may be taken lo pay the claim unless you do one of lhe 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 additiona1 fee. You may also ask the court lo order montth payments you can afford. Ask me clerk for Information about these procedures, b. APPEAL If you disagree with the courl's decision. you may appeal the decision on the otherparty's claim. You may not appeal the decision on your 0mm claim. However. if any party appeals, there will be a new trial on allthe claims. lfyou 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 wiihin 30 days after the date [his Notice of Entry of Judgmentwas 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 OR 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 SC-1 35) and pay the required fee within 30 days afler the dale this Notice of Ently of Judgment was mailed. If your request is denied. you then have 10 days from the date the notice of denial was mailed to fiIe an appeal. The period to file lhe Motion to Vacate the Judgment is 180 d'ays if you were not properly served wilh the cIaim. The 180day period begins on the date you found out or should have found out about the judgment against you. IF YOU WON THE CASE .‘ . 1. 2. If you were sued by the other party and you won the case. then the other party may not appeal the court's decision. [f you won the case and the court awarded you money. here are some steps you may lake to collect your money or get possession 0f 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 0f 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 propeny, ask the judgment debtor to retum the property to you‘ THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS [f 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 avaliable to pay your claim. If the judgment debtor willfully fails to send you the completed form. you may file an Application arid Orfler to Produce Statement ofAssefs and to Appear for Examination (form SC-134) and ask the court lo give you your attomey‘s fees and expenses and other appropriate relief, afler 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 Appfican'on and Order for Appearance and Examination {Enforcement of Judgment) (form EJ-125) 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 lhe clerk for the Small Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT 0F EXECUTION Afier 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 propeny of the judgment debtor to pay your claim. Here are some examples of the kinds of propeny the officer may be able t0 take: wages, bank account, automobile, business property, or rental Income. For some kinds of property, you may need to file other foms. See the law officer for Enfonnation. _ ABSTRACT 0F JUDGMENT The judgment debtor may own land or a house or other buildings. You may want Io put a lien on the properly so that you will be paid if me property is sold. You can gel 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 will charge a fee for the Abstract ofJudgmentA 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 ofJudgment has been recorded. you must use another form; see the clerk for the proper form. SMALL CLAIMS N0.: 2080083358 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: I am the D judgment creditor D assignee of record l agree that thejudgment in Ihis action has been paid in full or othewvise satisfied, Date: (TYPE 0R PRINT NAME) p (SIGNATURE) 80130 [Rev JLly 1, 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 o! 2 (Small Claims)