Dismissal Entire ActionCal. Super. - 6th Dist.March 3, 2020Name and Address 'of Coun \ h ’ _ SUPERIOR COURT 0F CALIFORNIA SC 130 COUNTY OF SANTA CLARA 191 North First Street San José. California 951 13 SMALL CLAIMS CASE No.2 208C083393 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 ordanado que usted pague dlnero. le pueden quitar su salario, su dinero. y otras cosas de su propiedad, sin aviso adicional por parte de esta cone. Lea el reverso de este formuIario para obtener informacién de importancia acerca de sus derechos. NOTICE TO 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 he taken wlthout further warning from the court. Read the back of this sheet for important informatlon about your rights. PLAINTIFFI’DEMANDANTE (Name, street address, and telephone number o! each): DEFENDANTIDEMANDADO‘ (Name, street address, and telephone number oreach): Challenge Financial Services, Inc. 1004 w. Taft Avenue, Suite #100 ORANGE, CA 92865 No Appearance By Plaintiff P D See attached sheet for additional plainfiffs and defendants I Date of Hearing: 01/13/2021 1pm D15] Hearing Officer: Hon. Commissioner Christine Copeland [ NOTICE OF ENTRY OF JUDGMENT] Judgmentwas entered as checked below onl 01/13/2021 1. D Defendant (name, ifmore than one): shall pay plaintiff (name, ifmore than one): principal and: $ costs on plaintiffs claim. Defendant does not owe plaintiff any money on plaintiff's claim. Plaintiff (name, if more than one): shall pay defendant (name, ifmore than one):En‘ka Gonzalez $ principal andz$ costs on defendant's claim. D Plaintiff does not owe defendant any money on defendant's claim D Possession of the following property is awarded to plaintiff (describe property): D Payments are to be made at the rate of: $ per (specify period): beginning on (date. and on the (specifi/ day): day of each month thereafter until paid in full If any payment is missed the entire g balance may become due immediately.Dismissed In Court ”m_é;__-yp flWithout Prejudice E Attomey-Client Fee Dispute (Attachment to otice of Entry of Judgment) (form SC--132) is attached paw DD .039”? Other (specify). No Appearance By The Plaintiff. Defendant Not Served. Case Dismissed Without Prejudice. This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtors operation ofa motor vehicle. If the judgment is not ~aid thejudgment creditor may applyto have the judgment debtor‘s driver's license suspen - -.. 11. Enforcement ofthe judgment Is automatically post: s ed for 3O days or, if an appeal Is filed until the appeal Is c - ' 12. D This notice was personally delivered to (inse name and date). **[ Written Notice To The PLAINTIFF ONLY ]** 3 CLERK'S CERTIFICATE OF MAILING-I certify " mailed first class. postage prepaid in a sealed enve i -- ‘ Kathy Davidson this certification occurred at the place and on the date shown below. an Jose. California 01/1 3/2021 , Deputy w . '7' a 3 :‘Jc *1 r x; ‘- ’-3 £7 ‘5 " “ E? 31 gV a . 2.x; . [g_ .r .1 r “ a ‘ , t, ': .- 'L ' 3 a ‘F- r»y. . . ‘1' a w a Lu' t: 5-13121 Judim‘al Council of Caiifomia mm/murnnfoca gov Form Adomed for Alternative Mandatory Use NOTICE OF ENTRY OF J UDGMENT Code of Civil Procedureg. §1 16.610 30-1301Rev Juiy 1. 2010] (Small Claims) ~,/ ‘1 80-130 INFORMATION AFTER J UDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small claims case has been decided. Thejudgment 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 calIed 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 pen'od is over‘ Generally. both parties may be represented by lawyers aflerjudgment. 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 to pay the claim unless you do one ofthe following things: a. PAY THE JUDGMENT The raw requires you t0 pay the amount of the judgment. You may pay the judgment creditor directly. or pay the judgment to the coun 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, b. APPEAL If you disagree with the court's decision, you may appeal the decision on the other party's claim. You may not appeal the decision on your own claim. However, if any pany 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 30-140) and pay the required fees within 30 days after the date this Notice 0f 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 againA 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 Judgment was malted. If your request is denied, you then have 1O days from the date the notice of denial was maired to file an appeal, The period to file the Motion to Vacate the Judgment is 180 days if you were not propefly served with the ciaim. 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. .. 1. [f you were sued by the other patty 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 b‘ VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was for possession of property, ask the judgment debtor lo 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 raw requires the debtor to fill out a fon'n called the Judgment Debtor’s Statement ofAssets (form SC-133). This form will tetl you what propetty the judgment debtor has that may be available to pay your craim. If the judgment debtor willfully fails to send you the completed fotm, you may file an Application and Order r0 Produce Statement ofAssets and to Appear for Examination (fon'n SC-1 34) 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 App/ication and Order for Appearance and Examination (Enforcement 0f Judgment) (form EJ-1 25) 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 properly. 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 0F JUDGMENT The judgment debtor may own land or a house or other buildings. You may want to put a Iien 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) wilh the county recorder in the county where the property is located. The recorder will charge a fee for the Abstract ofJudgment. 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 | am the D judgment creditor U assignee of record. proper form. SMALL CLAIMS NO.: 205C083393 ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT (Do nor use this form if an Abstract of Judgment has been recorded) To the Clerk of the Court: | agree that thejudgment in this action has been paid in full or otherwise satisfied. Date: [TYPE OR PRINT NAME) > (SIGNATURE) sc-m [Rev July 1.20101 NOTICE OF ENTRY OF JUDGMENT PagaZon (Small Ctaims)