Satisfaction of Judgment: VIVIAN AUDINOT VS. AIRBNB, INC

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                                SC-130

 

INFORMATION AFTER JUDGMENT

| INFORMACION DESPUES DEL FALLO DE LA CORTE

 

Your small claims case has been decided. The judgment or decision of the court appears on the front of this sheet. The court may

called the judgment creditor. The person (or business) who lost the case and who owes the money is called the judgment debtor.

creditor cannot collect any money or take any action until this period is over. Generally, both parties may be represented by lawyers

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

Enforcement of the judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the Judgment

 

 

 

 

after judgment. I
IF YOU LOST THE CASE. . . b. VOLUNTARY PAYMENT |
1. If you lost the case on your own claim and the court did not Ask the judgment debtor to pay the money. If your claim was
“award you any money, the court's decision on your claim is for possession of property, ask the judgment debtor to return
FINAL. You may not appeal your own claim. the roperty to you. THE COURT WILL NOT COLLECT THE
2. Ifyou lost the case and the court ordered you to pay money, MONEY OR ENFORCE THE JUDGMENT FOR YOU.
your money and property may be taken to pay the claim unless c, STATEMENT OF ASSETS
you do one of the following things: If the judgment debtor does not pay the money, the law
a, PAY THE JUDGMENT . tequires the debtor to fill out a form called the Judgment
The law requires you to pay the amount of the judgment. Debtor's Statement of Assets (form SC-133). This form will
You may pay the judgment creditor directly, or pay the tell you what property the judgment debtor has that may be
Judgment to the court for an additional fee. You may also available to pay your claim. If the judgment debtor willfully
ask the court to order monthly payments you can afford. fails to send you the completed form, you may file an
Ask the clerk for information about these procedures. -Application.and-Order-to-Produge-Statement-of Assets ard to
———— = bo APPEAL —_ Appear for Examination (form SC-134) and ask the court to
If you disagree with the court's decision, you may appeal the give you your attorney's fees and expenses and other
decision on the other party's claim. You may not appeal the appropriate relief, after proper notice, under Code of Civil
decision on your own claim. However, if any party appeals, Procedure section 708.170.
there will be a new trial on ail the claims. If you appeared at d. ORDER OF EXAMINATION

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. .

c. VACATE OR CANCEL THE JUDGMENT
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. . .

1.

~~ COLEECTING FEES AND INTEREST

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:

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.

e. WRIT OF EXECUTION

f.

 

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).

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 fi
other forms. See the law officer for information.

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 Judgmer

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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: 02 _ - |
ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT ™ aA 8e SA } &
(Do not use this form if an Abstract of Judgment has been recorded.)
To the Clerk of the Court: %
1am the judgment creditor [)] assignee of record.

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

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Date: Dag 4, BORA . :
wt HVIANW 4udinet
(TYPE OR PRINT NAME) (SIGNATURE) MAy 24 2022
‘SC-130 Rev. July 5, 2010] NOTICE OF ENTRY OF JUDGMENT Page Zot 2

(Small Claims)

 

 

. Cc K OF THE SOURT
BY, Lose Sadnte

Uepuity Clerk