Dismissal Entire ActionCal. Super. - 6th Dist.May 21, 2020Name and Address of Court SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA 191 North First Street San José, California 95113 SC-130 SMALL CLAIMS CASE NO.: 2056083429 NOTICE T0 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 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 Y DEMANDADOS: Su caso ha sido resuelto por la corte para reclamos judiciales menores. Si la 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 reverso de este formulario para obtener inforrnacién de importancia acerca de sus derechos. D See attached sheet for additional plaintiffs and defendants DEFENDANTIDEMANDADO' (Name, street address, and telephone number of each): TANIA IVETTE BIBIANO CARRANZA 2390 LUCRETIA AVE APT 903 SAN JOSE CA 95122 PLAINTIFF/DEMANDANTE (Name, sues! address, and (erepmne number o! each): 0PORTU N INC 2 CIRCLE STAR WAY SAN CARLOS CA 94070 Terephone No: Telephone No; Home: 869-21 0-2337 Telephone No, Telephone No. Date of Hearing: September 03, 2020 Hearing officer: Christine Copeland J 1. 999 EDD Awwfl DDUfi NOTICE 0F ENTRY 0F JUDGMENT udgment was entered as checked below on 09/03/2020 D Defendant (name, if more than one): TANIA IVET‘I’E BIBIANO CARRANZA shall pay plaintiff (name, if more than one): OPORTUN INC. principal and: $ costs on pfaintifi‘s claim. Defendant does not owe plaintiff any money on plaintiff's claim. Plaintiff (name, ifmore than one): OPORTUN INC. shall pay defendant (name, ifmore than one):TANIA IVETTE BIBIANO CARRANZA $ principal andz$ costs on defendant's claim. Plaintiff does not owe defendant any money on defendant‘s claim Possession of the following property is awarded t0 plaintiff (describe property): 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 untjl paid in full. [f any payment is missed, the entire balance may become due immediately. Dismissed in court E with prejudice-No Appearance. D without prejudice Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-1 32) is attached. Other (specify): This judgment results from a motor vehicle accident debtor's operation ofa motor vehicle. If the judgment Is not have the judgment debtor's drivers license suspended. 1. Enforcement of the judgment is automatically postponed for 30 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 t0 this action. This Notice of Entry of Judgment was mailed first cIass, 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. Sréntel Hernandez D D on a California highway and was caused by the judgment paid, thejudgment creditor may applyto Place of mailing: San Jose, California Date of mailing: 09/03/2020 Clerk. by , Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Judidal Council of Califa'nia S term Adopted for Altemab've Mandatory Use Code of Civil Procedures §116‘610 www/coumhfo. cagov NOTICE OF ENTRY 0F JUDGMENT (Small Claims)C-1 30 [Rev July 1. 201 0] SC-130 INFORMATION AFTER JUDGMENT I 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 t0 pay money to the other party. The person (or business) who won the case and who can collect the money is called thejudgment creditor. The person (or business) who lost the case and who owes the money is calfed the judgment debtor. Enforcement of lhejudgment is postponed until the time for appeal ends or until the appeal is decided. This means that thejudgment 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 . . . b. VOLUNTARY PAYMENT 1. If you lost me 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. 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 2. If you lost the case and the court ordered you to pay money. MONEY 0R ENFORCE THE JUDGMENT FOR YOU. your money and property may be taken to 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 noun 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 1f you disagree with the coun'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 party appeals. there will be a new trial on all the claims. lf you appeared at the trial. you must begin your appeal by filing a form called a Notice of Appeal (form SC-1 40) and pay the required fees d. ORDER 0F EXAMINATION within 30 days after the date this Notice of Entry of You may also make the debtor come t0 court to answer Judgment was mailed or handed to you. Your appeal will be questions about income and property. To do this, ask the in the supen‘or court. You m‘ll have a new trial and you must clerk for an Application and Order for Appearance and present your evidence again. You may be represented by a Examination (Enforcement of Judgment) (form EJ-125) and lawyer. pay the required fee. There is a fee if a law officer serves the c. VACATE 0R CANCEL THE JUDGMENT order on the judgment debtor. You may also obtain the If you did not go to the trial. you may ask the court to vacate judgment debtors financial records. Ask the clerk for the Small or cancel thejudgment. To make this request, you must file Claims Subpoena and Declaration (form 80-107) or Civii a Motion to Vacate the Judgment (form SC-135) and pay the Subpoena Duces Tecum (form SUBP-OOZ). required fee within 30 days after the date this Notice of Entty of Judgment was mailed. If your request is denied. you then e. WRIT OF EXECUTION have 10 days from the date the notice of denial was mailed After you find out about the judgment debtor's property, you to file an appeal. The period to file the Motion to Vacate the may ask the court for a Wn'r of Execution (form EJ-1 30) and Judgment ls 180 days if you were not properly served with pay the required fee. A writ of execution is a court paper that the claim. The 180-day period begins on the date you found tells a law officer to take property of the judgment debtor to out 0r should have found out about the judgment against pay your claim. Here are some examples of the kinds of you. property the officer may be able to take: wages, bank IF YOU WON THE CASE I ‘ ‘ account, automobile, busmess property, or rental Income. For some kinds of r0 e . ou ma need to fie other forms. 1. [f you were sued by the other party and you won the case. then See the law Officer ?or ipnfgtymgfion. y I 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_ ABSTRACT 0F JUDGMENT some sfeps you may take t0 collect your money 0r QBt The judgment debtor may own land or a house or other possess'on 0f your pmpeny: buildings. You may want to put a lien on the property so that a. COLLECTING FEES AND INTEREST you will be paid if the property is sold. Y0u can get a lien by Sometimes fees are charged for filing court papers or for filing an Abstract of Judgment (form EJ-001) with the county serving thejudgmentdebtor. These extra costs can become recorder in the county where the property is located. The part of your original judgment. To claim these fees. ask the recorder will charge a fee for the Abstract of Judgment. clelk for a Memorandum of Costs. c. STATEMENT 0F ASSETS If the judgment debtor does not pay the money, the Iaw requires the debtor to fill out a form called the Judgment Debtor‘s Statement ofAssets (form 80-133). This form will tel] you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor willfully fairs to send you the completed form, you may file an Application and Order to Produce Statement of Assets and to Appear for Examination (form 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. 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 t0 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 not use this form if an Abstract ofJudgment has been recorded.) 205C083429 To the Clerk of the Court: l am the D judgment creditor D assignee of record. | agree that the judgment in this action has been paid in fuil or otherwise satisfied. Date: (TYPE OR PRINT NAME) } (SIGNATURE) SC~130 [Rev July 1.2010] Page 2 of2NOTICE 0F ENTRY OF JUDGMENT (Small Claims)
