INFORMACION DESPUES DEL FALLO DE LA CORTEINFORMATION 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 THE JUDGMENT FOR YOU.
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 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 Statement of Assets (form SC-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 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 the superior court. You will have a new trial and you must
present your evidence again. You may be represented 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 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 debtor's 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 . . .
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.
ACKNOWLEDGMENT 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
I agree that the judgment in this action has been paid in full or otherwise satisfied.
(SIGNATURE)
SC-130 [Rev. July 1, 2010]
NOTICE OF ENTRY OF JUDGMENT
(Small Claims)
Page 2 of 2
After you find out about the judgment 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 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.
Your small claims case has been decided. The judgment 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
called 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 period is over. Generally, both parties may be represented by lawyers
after judgment.
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 this 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.
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 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.
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 court to order monthly payments you can afford.
Ask the clerk for information about these procedures.
a.
COLLECTING FEES AND INTEREST
SC-130
SMALL CLAIMS CASE NO.:
judgment creditor assignee of record.
Date:
(TYPE OR PRINT NAME)
1.
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