Free SC-130 Notice of Entry of Judgment (Small Claims) - California

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Pages: 2
Date: June 24, 2009
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State: California
Category: Court Forms - State
Author: Judicial Council of California
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Page Size: Letter (8 1/2" x 11")

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Preview SC-130 Notice of Entry of Judgment (Small Claims)
Name and Address of Court:


SMALL CLAIMS CASE NO.: NOTICE TO 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.
PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each):

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.
DEFENDANT/DEMANDADO *-(Name, street address, and telephone number of each):

Telephone No.:

Telephone No.:

Telephone No.:

Telephone No.:

See attached sheet for additional plaintiffs and defendants.

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. 3. Plaintiff (name, if more than one): 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 property is awarded to plaintiff (describe property): 5.


7. 8. 9. 10.

Payments are to be made at the rate of: $ and on the (specify day): entire balance may become due immediately. with prejudice. Dismissed in court Other (specify):

, beginning on (date): per (specify period): day of each month thereafter until paid in full. If any payment is missed, the

without prejudice.

Attorney-Client Fee Dispute (Attachment to Notice of Entry of Judgment) (form SC-132) is attached.

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 debtor's drivers license suspended. 11. Enforcement of the judgment is automatically postponed for 30 days or, if an appeal is filed, until the appeal is decided. 12. This notice was personally delivered to (insert name and date): 13. CLERK'S CERTIFICATE OF MAILING I certify 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 certification occurred at the place and on the date shown below. Place of mailing: Date of mailing: Clerk, by The county provides small claims advisor services free of charge. Read the information sheet on the reverse.
Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California SC-130 [Rev. July 1, 2007]

, California , Deputy

(Small Claims)

Code of Civil Procedure, 116.610



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. IF YOU LOST THE CASE . . . b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was 1 . If you lost the case on your own claim and the court did not for possession of property, ask the judgment debtor to return award you any money, the court's decision on your claim is the property to you. THE COURT WILL NOT COLLECT THE FINAL. You may not appeal your own claim. MONEY OR ENFORCE THE JUDGMENT FOR YOU. 2 . 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 If the judgment debtor does not pay the money, the law a. PAY THE JUDGMENT requires the debtor to fill out a form called the Judgment The law requires you to pay the amount of the judgment. You Debtor's Statement of Assets (form SC-133). This form will tell may pay the judgment creditor directly, or pay the judgment to you what property the judgment debtor has that may be the court for an additional fee. You may also ask the court to available to pay your claim. If the judgment debtor willfully fails order monthly payments you can afford. to send you the completed form, you may file an Application Ask the clerk for information about these procedures. and Order to Produce Statement of Assets and to Appear for b. APPEAL Examination (form SC-134) and ask the court to give you your If you disagree with the court's decision, you may appeal the attorney's fees and expenses and other appropriate relief, decision on the other party's claim. You may not after proper notice, under Code of Civil Procedure section appeal the decision on your own claim. However, if any party 708.170. 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 d. ORDER OF EXAMINATION form called a Notice of Appeal (form SC-140) and pay the You may also make the debtor come to court to answer required fees within 30 days after the date this Notice of Entry questions about income and property. To do this, ask the clerk of Judgment was mailed or handed to for an Application and Order for Appearance and Examination you. Your appeal will be in the superior court. You will (Enforcement of Judgment) (form EJ-125) and pay the required have a new trial and you must present your evidence again. fee. There is a fee if a law officer serves the order on the You may be represented by a lawyer. judgment debtor. You may also obtain the judgment debtors financial records. Ask the clerk for the Small Claims Subpoena c. VACATE OR CANCEL THE JUDGMENT and Declaration (form SC-107) or Civil Subpoena Duces If you did not go to the trial, you may ask the court to vacate or Tecum (form SUBP-002). 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 e. WRIT OF EXECUTION of Judgment was mailed. If your request is denied, you then After you find out about the judgment debtor's property, you have 10 days from the date the notice of denial was mailed to may ask the court for a Writ of Execution (form EJ-1 30) and file an appeal. The period to file the Motion to Vacate the pay the required fee. A writ of execution is a court paper that Judgment is 180 days if you were not properly served with the tells a law officer to take property of the judgment debtor to claim. The 180-day period begins on the date you found out or pay your claim. Here are some examples of the kinds of should have found out about the judgment against you. 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. IF YOU WON THE CASE . . . See the law officer for information. 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 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 The judgment debtor may own land or a house or other possession of your property: 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 a. COLLECTING FEES AND INTEREST filing an Abstract of Judgment (form EJ-001) with the county Sometimes fees are charged for filing court papers or for recorder in the county where the property is located. The serving the judgment debtor. These extra costs can recorder will charge a fee for the Abstract of Judgment become part of your original judgment. To claim these fees, ask the clerk for a Memorandum of Costs. 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 judgment creditor
Date: assignee of record.

I agree that the judgment in this action has been paid in full or otherwise satisfied.

(TYPE OR PRINT NAME) SC-130 [Rev. July 1, 2007]


(Small Claims)

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