Judgment Notice of Entry Small ClaimsCal. Super. - 6th Dist.April 9, 2020Name and Address of Coun SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA 191 North First Street San José, California 95113 SMALL CLAIMS CASE NO.J 20$C083448 SC-130 NOTICE T0 ALL PLAINTIFFS AND DEFENDANTS: Your small clalms 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 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 informacic’m de importancfa acerca de sus derechos. PLAIN‘I'IFFIDEMANDANTE (Name, srreetaddress, and telephone number o! each): DEFENDANTJDEMANDADO' (Name, street address, andfelephone number of each): Santa Clara County Federal Credit Union Scott L. DelCastillo 1641 North First Street, Suite 170 17071 Teak Court SAN JOSE, CA 95112 MORGAN HILL CA 95037 Telephone No: Telephone Na: Nicole E. DelCastillo AKA: Nicole Johns 332 Mira Vista Way ‘ So. San Francisco, CA 94080 Tefaphone No. Telephone No. U See attached sheet for additional plaintiffs and defendants Date of Hearing: November 02. 2020; January 05. 2021; Aprit 13, 2021 Hearing officer: Christine Copeland; NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on 04/13/2021 1. E Defendant (name, ifmore than one): Nicole E. DelCastiHo AKA: Nicole Johns shall pay plaintiff (name, ifmom than one): Santa Clara County Federal Credit Union $2,500 principal and: 120.00 costs on plaintiffs claim. 2. D Defendant does not owe plaintiff any money on plaintiffs claim. 3. D Plaintiff (name, ifmore than one): Santa Clara County Federal Credit Union shall pay defendant (name, ifmore than one):Scott L. DelCastiIlo; Nicole E. DelCastillo $ principal andz$ costs on defendant's ciaim. 4. D Plaintiff does not owe defendant any money on defendant's claim 5. U Possession of the following property is awarded to plaintiff (describe property): 6. U Payments are to be made at the rate of: $ per (specify period): beginning on (date. and on the (specify day): day of each monlh thereafier until paid in full. If any payment is missed. the entire balance may become due immediately. 7. E Dismissed in court E with prejudice.Scott DelCastillo only D withoutprejudioe 8. D Attomey-Ciient Fee Dispute (Attachment to Notice of Entry ofJudgment) (form 80-132) 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 debtm’s driver‘s license suspended. 11. Enforcement 0fthejudgment is automatically postponed for 30 days or. if an appeal is filed, until the appeal is decided. 12. D This noiice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING-I certify that | am not a party to this action. This Notice of Entry ofJudgmentwas 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: [34/14/2021 Clerk. by . Deputy Syl a Roman The county provides small claims advisor services free of charge. Read the information sheet on the reverse. ‘ Form AdoptedforAlternative Mandatory Use NOTICE OF ENTRY 0F JUDGMENT Code ofCivilProcedures 5116. Judicial Council of California . $0-130 [Rev July 1.2010] (Small ClalmS) mvw/coum'nfa ca. E10 gov sC-130 INFORMATION AFTER JUDGMENT INFORMACION DESPUES DEL FALLO DE LA CORTE Your small cfaims case has been decided. The judgment or decision 0f the court appears on the front ofthis 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 coilect 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 ofthejudgment 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 afierjudgment. IF YOU LOST THE CASE‘ . . b. VOLUNTARY PAYMENT 1. If you lost the case on your own claim and the court did not Ask thejudgment debtor to pay the money, If your claim was 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 com 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 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 coun to order monthly payments you can afford. Ask the cierk for information about these procedures. b. APPEAL ~ If you disagree with the coutt'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. 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 of Entry of Judgment was maited 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 0R CANCEL THE JUDGMENT lf 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 lo 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 fi1e an appeal. The period to file the Motion to Vacate the Judgment is 180 days if you were not propedy served with the ctaim. 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. 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. 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 for possession of propeny. 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 0F ASSETS Ifthe 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 50-133). This form will tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor willfully fails to send you the completed fom1. you may file an Application and Order to Produce Statement of Assets and to Appear for Examination (form 80-134) and ask the court to give you your attorney'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 Application 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 the clerk for the Small Claims Subpoena and Declaration (form 80-107) or Civil Subpoena Duces Teoum (form SUBP-OOZ). . WRIT OF EXECUTION After you find out about the judgment debtor's property, you may ask the court for a Writ 0f 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. See the law officer for infon'nation. ABSTRACT 0F JUDGMENT The judgment debtor may own land 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 Abstract of Judgment (form EJ-OO‘I) 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 betow and mail it to the court immediately or you will be fined. If an Abstract of Judgment has been recorded. you must use another fom‘l; see the c1erk for the proper form. SMALL CLA1MS NO.: 208C083448 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. | agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) k (SIGNATURE) 80-130 [Rev July 1, 2010] NOTICE OF ENTRY OF JUDGMENT Page 2 of 2 (Small Claims)