Judgment Notice of Entry Small Claims

Cal. Super. - 6th Dist.March 3, 2020

Name and Address of Cour! SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 1 91 North First Street San José, California 951 13 SC-1 30 SMALL CLAIMS CASE NO.: 2050083392 NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: Your smail 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 YDEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales menores. Si Ia corte ha decidido en su contra y ha ordenado que usted pague dinero, 1e pueden quitar su salario, 5U 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. PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each): Challenge Financial Services Inc 1004 W Taft Ave Ste 100 ORANGE CA 92865 Telephone No: Telephone No. D See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO‘ (Name, street address, and telephone number of each): Manuel Telesforo 2784 Monterey Hwy Spc 77 SAN JOSE CA 95111 Manuel Telesforo Gonzalez Telephone No: Telephone No. Date of Hearing: October 28, 2020 Hearing officer: Christine Copeland NOTICE OF ENTRY 0F JUDGMENT Judgment was entered as checked below on 10/28/2020 1. 9w? EDD Awws DUDE X Defendant (name, if more than one): Manuel Telesforo shall pay plaintiff (name, if more than one): Challenge Financial Services, Inc. $2500.00 principal and: $145.00 costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiff‘s claim. Plaintiff (name, if more than one): Challenge Financial Services, Inc. shall pay defendant (name, if more than one):Manuel Telesforo $ principal and:$ 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 propen‘y): Payments are t0 be made at the rate 0f: $ per (specify period): beginning on (dare. and on the (specifil day): day of each month thereafler 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 Attorney-Cfient Fee Dispute (Attachment r0 Notice ofEntry ofJudgment) (form 50-132) is attached. Other (specify): . This judgment results from a motor vehide accident on a California highway and was caused by the judgment debtor's operation ofa motor vehicie. If the judgment is not paid, thejudgment creditor may applyto have the judgment debtor's driver's license suspended. D D . Enforcement ofthe judgment is automatically postponed f0r30 days or, if an appeal is filed, until the appeal is decided. . D This notice was personally delivered to (insert name and date): . CLERK'S CERTIFICATE OF MAILING-l certify that | am not a party to this action. This Notice of Entry of Judgment was mailed first cIass, postage prepaid. in a sealed envelope to the panties 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, California Date of mailing: 03/1012021 Clerk, by , Deputy Shantel Hernandez The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Form Adopted {or Alternative Mandatory Use Judrcial Council of California 80-130 [Rev July 1. 2010] Code of Civil Procedures §11 6.610 ww/caurfinfo,ca.govNOTICE 0F ENTRY 0F JUDGMENT (SmaHCbmm) SC-1 30 INFORMATION AFTER JUDGMENT I INFORMACION DESPUES DEL FALLO DE LA CORTE Your small daims 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 creditorA 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 0r take any action until this period is over. Generally. both parties may be represented by lawyers after judgment. 1F 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 0n your claim is FINAL. You may not appeal your own claim. 2. 1f you lost lhe case and the court ordered you to pay money. your money and property may be taken to 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 [he court for an additional fee‘ You may also ask the court to order monthly payments you can afford. Ask lhe Clerk for information about these procedures b. APPEAL If you disagree with the court's decision. you may appeal the decision on (he other parfy's claim. You may not appeal lhe decision on your own claim. However, if any party appeals, there will be a new tn'al on ail the claimsA If you appeared at the triai, you mus! begin your appeal by filing a form called a Notice of Appea! (form 80-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgmentwas mailed or handed to you. Your appeal M'II 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 (o Vacate the Judgment (form 50-1 35) and pay the required fee within 30 days after the date this Notice of Entry 0f Judgment was mailed. If your request is denied, you then have 10 days from the date the notice of denial was mailed t0 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 pen'od begins on the date you found out or should have found out about the judgment against you. lF YOU WON THE CASE . .. 1. If you were sued by the other party and you won the case. [hen 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 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 you. THE COURT WILL NOT COLLECT THE MONEY 0R 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-133). This form will tell you what property the judgment debtor has that may be available to pay your claim, If me judgment debtor willfully fails to send you the completed form. you may file an App/icarion and Order to Produce Statement of Assets and to Appear for Examination (form 80-134) and ask the coun to give you your attorney's fees and expenses and other appropriate relief, after proper notice. under Code 0f Civil Procedure section 708.170. ORDER 0F 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 Examx'nation {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 clerk for the Small Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Tecum (form SUBP-OOZ). . WRIT OF EXECUTION After you find out about the judgment debtor's property‘ you may ask the court for a Writ of Execun'on (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 abie to take: wages, bank account, automobile. business property, or rental income. For some kinds of property. you may need lo file other forms. See the law officer for information. ABSTRACT 0F JUDGMENT The judgment debtor may own rand 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 Absflac! 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 of Judgment. 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 t0 the court immediately or you will be fined. If an Abstract of Judgment has been recorded, you must use another form: see the c1erk for the proper form. SMALL CLAIMS NO.; 2030083392 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use this form if an Abstract ofJudgment has been recorded.) To the Clerk of the Court: l am the D judgment creditor fl assignee of record. l agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: (TYPE 0R PRINT NAME) } (SIGNATURE) 50-13°[R9”J“'Y‘-2°‘°1 NOTICE 0F ENTRY 0F JUDGMENT “gm” (Small Claims)