Fill and Sign the If You Get Sued in Small Claims Courtnolo Form

SC-130 Name and Address of Court: SMALL CLAIMS CASE NO.: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Su caso ha sido resuelto por la corte para reclarnos judiciales menores. Si la corte ha decidido en su contra y ha ordenado quo 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 informacion de importancia acerca de sus derechos. NOTICE TO ALL PLAI NTIFFS 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. DEFENDANT/DEMANDADO *- (Name, street address, and telephone number of each): PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each): Telephone No.: Telephone No.: Telephone No.: Telephone No.: See attached sheet for additional plaintiffs and defendants. NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on ( date): Defendant ( name, if more than one ): 1. shall pay plaintiff (name, if more than one ): costs on plaintiffs claim. principal and: $ $ Defendant does not owe plaintiff any money on plaintiff's claim. 2. Plaintiff ( name, if more than one ): 3. shall pay defendant ( name, if more than one ): costs on defendant's claim. $ principal and $ 4. Plaintiff does not owe defendant any money on defendants claim. Possession of the following proper ty is awarded to plaintiff (describe property): 5. , beginning on ( date ): 6. per ( specify period): day of each month thereafter until paid in full. If any payment is missed, the Payments are to be made at the rate of: $ and on the ( specify day): entire balance may become due immediately. without prejudice. with prejudice. Dismissed in court 7. Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment ) (form SC-132) is attached. 8. Other (specify): 9. 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 10. debtor's drivers license suspended. 11. Enforcement of the judgment is au tomatically postponed for 30 days or, if an appea l is filed, until the appeal is decided. This notice was personally delivered to ( insert name and date): 12. 13. CLERK'S CERTIFICATE OF MAILING I certif y that I am not a party to this action. This Notice of Entry of Judgment was mailed first class, postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certificat ion occurred at the place and on the date shown below. Place of mailing: , California Date of mailing: Clerk, by, Deputy The county provides small claims advisor services free of charge. Read the information sheet on the reverse. Code of Civil Procedure, § 116.610 NOTICE OF ENTRY OF JUDGMENT (Small Claims) Form Adopted for Alternative Mandatory Use Judicial Council of California SC-130 [Rev. July 1, 2010] Page 1 of 2 INFORMACION DESPUES DEL FALLO DE LA CORTE INFORMATION AFTER JUDGMENT 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 ac tion until this period is over. Generally, both parties may be represented by lawyers after judgment. IF YOU LOST THE CASE . . . 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 OR ENFORCE TH E JUDGMENT FOR YOU. If you lost the case and the co urt ordered you to pay money, your money and property may be taken to pay the claim unless you do one of the following things: c. STATEMENT OF ASSETS a. PAY THE JUDGMENT If the judgment debtor does not pay the money, the law requires the debtor to fill out a form called the Judgment Debtor's Statem ent of Assets (form SC-133). This form will tell you what property the judgme nt debtor has that may be available to pay your claim. If the judgment debtor willfully fails 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-134) 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. 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 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 SC-140) and pay the required fees within 30 days after the date this Notice of Entry of Judgment was mailed or handed to you. Your appeal will be in t he superior court. You will have a new trial and you must present y our evidence again. You may be represent ed by a lawyer. d. 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 fo r 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 SC-107) or Civil Subpoena Duces Tecum (form SUBP-002). c. VACATE OR CANCEL THE JUDGMENT e. WRIT OF EXECUTION IF YOU WON THE CASE . . . 1. If you were sued by the other party and you won the case, then the other party may not appeal the court's decision. f. ABSTRACT OF 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-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 to the court immediately or you may be fined. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS CASE NO.: ACKNOWLEDGMENT OF SATI SFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: I am the judgment creditor assignee of record. I agree that the judgment in this action has been paid in full or otherwise satisfied. Date: (TYPE OR PRINT NAME) (SIGNATURE) SC-130 [Rev. July 1, 2010] NOTICE OF ENTRY OF JUDGMENT (Small Claims) Page 2 of 2 After you find out about the j udgment debtor's property, you may ask the court for a Writ 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 proper ty 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. Your small claims case has been decided. The judgment or decision of the court appears on t he 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 creditor. The person (or business) who lost the ca se and who owes the money is called the judgment debtor. 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. 2 . If you did not go to the trial, you may ask the court to vacate or cancel the judgment. To make th is request, you must file a Motion to Vacate the Judgment (form SC-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 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 period begins on the date you found out or should have found out about the judgment against you. 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: Sometimes fees are charged fo r 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. The law requires you to pay the amount of the judgment. You may pay the judgment creditor dire ctly, or pay the judgment to the court 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. a. COLLECTING FEES AND INTEREST SC-130