Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.March 2, 2020

Name and Address of Coun SC-1 30 SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 951 13 SMALL CLAIMS CASE NO.: 203C083390 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your small claims case has been decided. [f 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 YDEMANDADOS: Su caso ha sido resuelto por Ia corte para reclamos judiciales menores. Si Ia 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 lmportancia acerca de sus derechos. PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each): DEFENDANTIDEMANDADO' (Name, streetaddress, and teIephane number of each): Mary Ann Taylor Thanh Pham 319 Justin Court 10330 Clayton Road ROSEVILLE CA 95678 SAN JOSE CA 95127 Telephone No: Telephone No.1 Hue Nguyen 10330 Clayton Road SAN JOSE CA 95127 TaYaphnna No. TeIephone No. D See attached sheet for additional pfaintiffs and defendants Date of Hearing: October 28, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 1028/2020 1E 2. D 3. D 4 I] 5. D s. 1:] 7. D 8. D 9. D 1o. D Defendant (name, ifmore than one): Thanh Pham; Hue Nguyen shall pay plaintiff (name, ifmore than one): Mary Ann Taylor $1500.00 principal and: $230.00 costs on plaintiffs claim.-Jointly and severally. Defendant does not owe plaintiff any money 0n plaintiffs claim. Plaintiff (name, ifmore than one): Mary Ann Taylor shall pay defendant (name, ifmore than one):Thanh Pham; Hue Nguyen $ principal and:$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant's claim Possession ofthe following property is awarded to plaintiff (describe property): Payments are to be made at the rate of: $ per (special period): 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 due immediately. Dismissed in court D with prejudice. D without prejudice Attomey-Cfient Fee Dispute (Attachment to Notice ofEnt/y ofJudgment) (form 80-132) is attached. Other (specify): . 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 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 1 am not a pany to this action. This Notice of Entry ofJudgment 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: 03/10/2021 Clerk. by . Deputy Shéh‘fé'll Hernandez The county provides small claims advisor services free of charge. Read the information sheet on the reverse. ‘r ;~ Form Adopied for MernaUVS Mandatory Use NOTICE 0F ENTRY 0F JUDGMENT Code of Civil Procedures §1 16.610 Judicial Council of California $0-130 [Rev July 1.2010] (Small Claims) mvw/oourtinfocagov SC-180 , INFORMATION AFTER JUDGMENT J 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 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, b‘ VOLUNTARY PAYMENT Ask the judgment debtor to 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. 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. 2. 1f 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 oflhe following things: a. PAY THE JUDGMENT c. STATEMENT OF ASSETS If the judgment debtor does not pay the money, the law 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, . APPEAL If you disagree with the court‘s decision. you may appeal the decision on the other pan‘y’s ciaim. 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 80140) 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. . VACATE OR CANCEL THE JUDGMENT If you did not go to the trial, you may ask the court to vacate or cancel the judgment, T0 make this request, you must file a Motion (o Vacate the Judgment (form 80-135) and pay the required fee within 30 days after the date this Notice of Entry of Judgment was 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 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 . H . WRIT OF EXECUTION requires the debtor to fill out a form called the Judgment .. Debtor‘s Statement ofAssers (form 80-133). This form will tell i you what propeny the judgment debtor has that may be available to pay your claim, If the judgment debtor willfully fails to send you the compreted form. you may file an. 5 Application and Order to Produce Statement of Assets and ro 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. 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 {or 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 the c1erk for the Small Claims Subpoena and Declarart'on (form 80-107} or Civil Subpoena Duces Tecum (form SUBP-OOZ). ‘ L 1 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 > 1. If 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 f. 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 pad of your origina! judgment To claim these fees, ask the clerk for a Memorandum of Costs. See the law officer for information. ABSTRACT OF JUDGMENT The judgment debtor may own land or a house or other buildings4 You may want to put a [ien 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-OO1) with the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract of Judgment, 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. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS NO.: ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use this form if an Abstract ofJudgment has been recorded.) 2030083390 To the Clerk of the Court: | am the D judgment creditor D assignee of record. I agree that the judgment in this action has been paid in furl 0r otherwise satisfied. Dale: > (SIGNATURE) _ "' (TYPE OR PRINT NAME) SC-130 [Rev July 1. 2010] PagaZonNOTICE OF ENTRY OF JUDGMENT (Small Claims)