Application for order for judgment debtor exam

Cal. Super. - 6th Dist.May 28, 2020

ummmormm: SMAu CLAIMS CASE N0; 80-134 SuperiorComt of Cam‘om Countyot Sama Clara ' mscm mmmmv Downtown Superior Coun. 191 N Hm Skeet. San Jose. CA 95113 I mm (mm, mus.mmmmmaw): I coma. INC E L I 340 E MHdIsfietd Rd. Mountain mew, CA 94043 I i ; E mmmmm- 650-686-9597 _F-Daflnmmmmmormmmmmmdm; I ‘ MAR 08 2021 Ragm Managemmt Group. LLC [aoowamnum Real Suma1ao.MouruainVie=u,CA94040 I Clerf oun mama»m: a fCQ-Uemy 9f 8mm GlareD See attached shoe: for addfiiona] paajmifis and defendants BY \If' DEPUfi ORDER To pRooucE STATEMENT 0F Asssrs U-M&AGMNO AND TO APPEAR FOR EXAMINATION 1. T0 JUDGMENT DEBTOR (name): Reaus Mananemerfl Gmun. LLC (Represented by Stave Slegmann, Area Operaflon Manager who 2. YOU ARE ORDERED appeared at the Haj on Nov 19, 2&0) a. to pay thejudgment and file proofofpayment (aWed meck or money order or msh receipt. and a written declaration tmt shows full payment of the judgment, including posljudgmant 00313 and interest) with the ooufl before the hearing date shown in the box belmv. OR b. to (1) personally appear in this coufl on the date and time shown below, and (2) bring with you a oompletod Judgment Debtor's Statement ofosts (form SC-1 33). At the hearing you will be required to o answer questions about your income and asset; and o explain why you did not complete and mail fum 80-133 tojudgmem unditor in a timely manner. (You should have sent 'rt wiflfin 30 days afler the Notice of Entry ofJudgment (fon11 30-130) was mailed or handed to you by the clerk) g/H/L/ T {73% Name and address of court if drfferent from above:Date: Ime: - DEPL' .. 22 Room: If you fail to appear and have not paid the judgment, Si usted no so prosenta y no ha pagado el monto del fallo Including posfludgment costs and Interest. a bench warrant judicial. Inclusive Ias costas e intereses posteriome al fallo. may be Issued foryour arrest, you may be held in contempt la carts puede expedir una orden do detencion contra usted, of court, and you may be alderad to pay penalties. fl. . ,h declatafle en desamto yEdenar due pague mulms. u Ia 3. This Older may be served by a sheriff, maxsha}, or v o" server. t z E n3 ’ MAR 08 ziozn ' sameq, ‘,-.-.‘;/ APPUCATIEN'FOR THIs ORDER (See Insmwons on reverse) A Judgment auditor (the person whomn tho case) (name): onka. INc (represented by macaw u, CEO) applies for an order requiring judgment debtor (the person or hairless who lost tha case and owes money) (name): Regus Management Group, U.c to (1) pay the judgnent or (2) personally appear in th's ooufl with a completed JMgment Debtor's Qatamem ofAssets (form 80-133), explain why judgment debts! did not pay the judgment or complete and mail form 80133 tnjudgment auditor within 30 days afler the Notice ofEntry ofJudgmantwas mafled or handed to judgment debtor and answer questions about judgment debtor's Incoma and assets. B. ,ljudgment auditor, state the following: ; m operation Managarwm (1) Judgment debtor has not paid the judgment. .appeamd atthe lml) (2) Judgment debtor either did not file an appaal or the appeal has been dismlssad orludgmem debtor lost the appeal. (3) Judgment debtor either cfid not filo a motion to vacate ortha motion tomm Ms been denied. (4) Moro than 30 days have passed since the Notice ofEniry ofJudgment was mailed or delivered to judgment debtor. (5) I have not received a completed Judgment Debtor's Statement afAssets fmrn judgment debtor. (6) The person to be examined resides or has a place af business in this county or within 150 miles of the place of examination. ldeciara under penalty of erj undarthe iaws ofthe State of California that the foregoing is true and correct. Date;W am 3, loll Qiaochu ("Aamn') Li } fl (mus 0R PRINTm) WW0 \e - The county provides small claims advisor services free of charge - page 1 cu MWZWE "3° APPLICATION AND ORDERTO PRODUCE STATEMENT mdmpmfigl‘rgfi emum.mm1.zmn OF ASSETS AND TO APPEAR FOR WINAHON Mam (smau Claims) 50-1 34 INSTRUCTIONS'FOR APPLICANT . This form is intended to be an easy tool to enforce your right to receive a completed Judgment Debtors Statement ofAssets (form SC-1 33). This form is not Intended tn mplace tho Applicabion and OrdarforAppearanoe and Examination (form EJ-1 25), often called an °Order for Examiration-‘ The Application and OrdsrfurAppearance and Examinafion should sfill be used to enforce a small ciaims judgment ifyou are not seeking at the same time to make the debtor complete a Judgment Debtor's smtement of Assets. . To Bat a hearing on an Appk'cafian and Order to Pmduce Statement ofAssets and to AppearforExaminafim, you must complete thisfonn, prasentittotha courtderk. and paythafaefuran imtial hearing date ora reset hearing date. . Aflnryou file thls form. the clerk will set a hearing date, note the hearing date on 1119 form, and mtum Mo copies or an original am one copy ofthe fon'n to you- . If you want to be able to ad< the court to enforce the order on the iudgment debtor (the petsm or business who lost tho ease). you must have a wpy of this form and a blank copy of tho Judgmnt Debtor's summon! ofAmts (form SC-1 33) personally served on the judgment debtor by a sheriff, marstml, or mgistared promss server at least 1O mlandar days before the date of the hearing. and have a proof of sewico filed wflh the mun. The law provides for a new fee ifyou rasattho hearing. . If the judgment is paid. induding all posfiudgment costs and intamst, you mtst immediately complete the Admondedgmant of Safisfacfion ofJudgment on the reverse of the Notice ofEntry ofJudgmenf (form 80-130) and file a copy w'rth the court . You mLBt attend the hearing unlm thejudgment has been paid. Request for Accommodations. Assistivc listening systems, computer-assisted real-time captioning, or sign language interpreter services am available ifyou ask at least S days before your hearing. Contact the clerk‘s ofice forRequestforAccommodafian (form MC-410). (Civil Code, § 54.8.) 90134 [Rov-mmLm‘ln APPIJCATION AND ORDER TO PRODUCE STATEENT "9””: 0FASSErs AND To APPEAR FOR EXAMINAnON (Small etalms) MAIL TO THE JUDGMENT CREDITOR SC~1 33 D0 NOT Fll£ WITH 1HE COURT JUDGMENT CREDITOR (the person or business who won the case) (name): JUDGMENT DEBTOR (the person or business who lost the case and owes money) (name): SMALL CLAIMS CASE No.2 AVISO AL DEUDOR POR FALLO JUDICIAL: Usted debe (1) NOTICE T0 JUDGMENT DEBTOR: You must (1) pay the pagar el monto del fallo judicial, o (2) presenter un recurso judgment or (2) appeal or (3) file a motion to vacate. If you fail de apeiacién o (3) presentar un recurso de nulidad. Si usted to pay or take one of the other two acfions, you must complete no paga el fallo o presenta uno de estos dos recursos, deberé and mail this form to thejudgment creditor. lf you do not, you llenar y enviar por correo ate forrnulario a su acreedor por fallo may have to go to court to answer questions and may have judicial. Si no lo hace, es posible que deba presentarse ante Ia penarties imposed on you by the court corte para contestar preguntas y pagar Ias murtas que Ia corte Ie pueda imponer. INSTRUCTIONS The small claim court has ruled that you owe money to the judgment creditor. 1. You may appeal ajudgment against you only on the other party’s daim You may not appeal a judgment against you on yourciaim a lf you appeared at the tn'al and you want to appeal, you must file a Notice oprpeaI (form 80-140) within 30 days after the date the Notice ofEnlry ofJudgment (form 80430 or SC-200) was mailed or handed to you by the clerk b. If you did not appear at the tn'al, before you can appeal, you must first file a Notice of Motion to Vacate Judgment and Dedaration (form SC-1 35) and pay the required fee within 30 days afler the date the Notice ofEntry ofJudgment was mailed or handed to you. Thejudgment cannot be collected until the motion is decided. Ifyour motion is denied, you then have 10 days after the date the notice of denial was nailed to file your appeal. 2 Unless you pay the judgment or appeal thejudgment or file a motion ho vacate, you must fill out this form and mail it to the person who won the mse within 30 days after the Notice ofEntry ofJudgment was mailed or handed to you by the clerk Mailing this completed form does not stay enforcement of the judgment 3. If you lose your appeal or motion to vacate, you muat pay the judgment, including postjudgment costs and interest As soon as the small dairns court denies your motion to vawte and the denial is not appeaied, or receives the dismissal of your appeal orjudgment from the superior court afler appeal, the judgment is no longer su5pended and may be immediately enforced against you by the judgment creditor. 4. Unless you have paid the judgment, comptete and mail this form to thejudgment creditor within 30 days after the date the clerk maiis or delivers to you (a) the denial ofyour motion to vacate. or (b) the dismissal of your appeal, or (c) the judgment against you on your appeal. lf you Were sued as an individual, skip this box and begin with item 1 below. Otherwise, check the applicable box, attach the documents indimted, and complete item 15 on the reverse. a. E (Corporation orpartnership) Attached to this form is a statement describing the nature, value, and exad location of all assets ofthe corporation or the partners, and a statement showing that the person signing this form is authorized to submit this form on behalf of the corporation or partnership. b. E (Governmental agency) Attached to this form is the statement of an author'zed representative of the agency stating when the agency will pay the judgment and any reasons for its failure to do so. JUDGMENT DEBTOR'S STATEMENT OF ASSETS EMPLOYMENT 1. What are your sources of income and occupation? (Prom’dejob title and name ofdivision or ofi‘ioe in which you mm) 2. a. Name and address of your business or employer findude address ofyour payroll or human resources department, if different): b. lf not employed, names and addresses of al! sources of income (spedfil): 3. How oflen are you paid?E daily D everytwoweeks D monthlyE weekly D twice a month E other (exdain): What is your gross pay each pay period? S What is yourtake-home pay each pay period? $ 6. If your spouse earns any income, give the name of your spouse, the name and address ofthe business or employer, job tj‘tie, and division or office (specifil): 91:“ m1 o1: FWNW’B‘F"W U59 JUDGMENT DEBTOR'S STATEMENT 0F ASSETS 9°“d 0"“”mm1;:dede finemammaao $1w [RamMaw 1' m1“ (sman Claim) W.Mm.gav CASH, BANK DEPOSITS 7. How much money do you have in ash? . . . . . . . . . f‘......-' .................................. $ 8. How much other money do you have in banks, savings and loans, cred'rt unions, and other financial institutions either in your own name orjoinfly gist): Nam and addxess of firanc'alhm Amara number lnirvldual orjoint? Balance a. $ b $ c $ PROPERTY 9. List all automobiles, other vehicles, and boats owned in your name orjointiy. _ 1 Legal owner rt diferern Makaandyw Umnm and vehicle Benu‘fiwfion (VIN) numbers Value from mmredmy Armm‘tmd a. $ $ b. S $ c. $ $ d. $ $ 10. List all real estate owned in your name orjoinfly. Addrm of real agate Fair marketvame M a. $ $ b. $ $ OTHER PERSONAL PROPERTY (Do not listhousehold fumiau'e and furnishings, appliances, or clothing.) 11. List anything of value not listed above owned in your name orjointly (continue on attached sheetif necessary): Desuipfion Value AddressMamm is Inked a. S b. $ c. $ 12, ls anyone holding assets for you?E Yes E No If yes, describe the assets and give the name and address ofthe person or entity holding each asset (specify): 13. Have you disposed of or hansferred any asset within the last 60 days? E Yes E No If yes, give the name and address of each person or entity who received any asset and describe each asset (specify): 14. If you are not able to pay thejudgment in one lump sum, you may be able to make payment arrangements with the person or business who Won the case (the judgment creditor). State the amount that you can pay each month: $ . beginning on (date): . If you are unable to agree, you may also ask the court for permission to make instaliment payments by filing a Request to Make Payments (form SC-220). 15. l declare under penalty of peijury under the laws of the State of California that the foregoing is true and correct Date: (TYPE OR PRINT NAME (SGMTURE) Mail or deliver this completed form m thejudgment creditor at the address shown on file Notice of Entry of Judgment form. 90133 [Rev-“WW 1' ”1‘1 JUDGMENT DEBTOR'S STATEMENT OF ASSETS ”9” “2 (Small Claims) Fotyoin protectionand privacywleasepress the clear» >__U _ n J __ V __ _ 6mm T????QT‘E’TWI?f???‘?~‘i".fi"‘iflff~"3‘i‘? ?‘E.I°"'?:‘=' e. F?'im‘hisjmm‘J [rSaVPi‘his‘mm'l MfiéfmisifOE