On February 28, 2020 a
Clerk Order
was filed
involving a dispute between
Bankers Auto Acceptance Corp,
and
Gutierrez, Daniel,
for Small Claims > 12 Claims Filed
in the District Court of San Bernardino County.
Preview
CQOvC"! \3M 5.1-130
ATTORNEY 0R PARTY WITHOUT ATTORNEY; STATE BAR N0:
FOR cow" USE ONLY
NAME: BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE COMPANY
FIRM NAME:
STREET ADDRESS: P,O. BOX 126
CITY: ARTESIA STATE: CA ZIP CODE: 90702-0126
TELEPHONE No.: (562)565-2569 FAX No.2 (562)565—2561
EMAILADDRESS: kpadilla@timefinanceco.com
E
ATTORNEY FOR (name):
ATTORNEY FOR
SUPERIOR COURT 0F CALIFORNIA,
E ORIGINAL JUDGMENT CREDITOR
[:3 ASSIGNEE 0F RECORD
COUNTY OF SAN BERNARDINO
STREET ADDRESS: 17780 Arrow Boulevard
MAILING ADDRESS: 17780 Arrow Boulevard
CITY AND ZIP CODE: Fontana, CA 92335
BRANCH NAME: Fontana District
PLAINTIFF/PETITIONER: BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE C CASE NUMBER:
DEFENDANT/RESPONDENT: DANIEL GUTIERREZ
SMCFSZOMSZZ
E EXECUTION (Money Judgment)
E
—
E Umitefi CisV" Case.
WRIT 0F E
E
POSSESSION 0F
SALE E Personal Property
Rea Pwpenyl
D Sniwfa
n
ImI e CW]:
IVI
glam)
ase
(including Family and Probate)
’
1. To the Sheriff or Matshal of the County of: SACRAMENTO
You are directed to enforce the judgment described below with daily interest and your costs as provided by law.
2. To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040.
(Name): BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE COMPANY
3.
is the E original judgment creditor E assignee of record whose address is shown on this form above the court’s name.
4- Judgment debtor (name, type oflegal entityifnot a
natural person! and laSt know” address)"
9.
10.
D
E
Writ of Possession/Writ of Sale information on next page.
This writ is issued on a sister—state judgment.
—-— For items 11—17, see form MC-012 and form MC—01 3-INFO.
r 11. Total judgment (as entered or renewed) $ 2,570.00’
DANIEL GUTIERREZ
'
l
12 Costs afterjudgment (C CP 6 8 5. 0 90)
. $ 0.00
924 SCENIC DRIVE
SAN BERNARDINO, CA 92408 13. Subtotal (add 11 and 12) $ 2,570.00
“
14. Credits to principal (after credit Io interest) $ 0.00
E Additional judgment debtors 0n next page 15. Principal remaining
16. Accrued
due (subtract 14 from
interest remaining due per
13) $___m
$ 283.75
5. Judgment entered on (date): 07/27/2020 r CCP GC 6103.5 fees)
685.050(b) (not on
(See type ofjudgment in item 22.) 17. Fee for issuance ofwrit (per GC 70626(a)(/)) $ 40.00
6_ D Judgment renewed on (dates):
18 Total
19. Levying
amount due (add
officer:
15, 16, and 17) $ 2,893.75
a. Add daily interest from date of writ (at
7.
E
Notice of sale under
a.
[j
b'
thls wnt:
has not been requested.
has been requesmd (see nexrpage)‘
' the legal rate on 15) (not
GC 6103 5 fees) .....
Pay directly to court costs included
on
$ 0.70
8. E
[SEAL]
Joint debtor information
l
on next page.
b.
11 and 17 (GC 6103-5. 68637.”
CCP 699.5200» ................
in
$ 0.00
20E The amounts called for in items 11—19 are different for each
debtor. These amounts are stated for each debtor on
Attachment 20.
‘SEP 1 5 202‘ \
Date: Clerk, by
.0
0‘ em e’ \vj mam, Deputy
NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION. J Page 1 of 3
Code §§ 699.520, 712.010. 715.010
Form Approved for Optional
Judicaal Council of California
Use WRIT 0F EXECUTION of Civil Procedure,
Government Code. 561035
EJ- 1 30 [Rev. September 1. 2020] www.courtsca‘gov
EJ-1 30
PIaintiff/Petitioner: BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE c cAsE NUMBER:
Defendant/Respondent: DANIEL GUTIERREZ SMCFSZOO1522
E
21.
F—
Additional judgment debtor(s) (name, type of legal entity
TV if not a natural person, and last known address):
j
22.
L
The judgment is for (check one):
AL J
a.
b.
D
E wages owed.
child support or spousal support.
c. E other. RETAIL INSTALLMENT SALE CONTRACT
23‘ E Notice of sale has been requested by (name and address):
V _|
T
L _J L __
24. D
a.
Joint debtor
on (date):
was declared bound by the judgment (CCP 989-994)
a. on (date):
name, type of legal entity if not a natural person, and name. type of legal entity if not a natural person, and
77
b. b.
last known address ofjoint debtor: last known address ofjoint debtor:
F— j
LE
c. Additional costs againstcertainjointdebtors are itemized:
JLE below E on Attachment24c.
J
25. DE
a.
(Writ of Possession or Writ of Sale)
Possession of real property:
Judgment was
The complaint was
entered for the following:
filed on (date):
(Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.)
(1) E The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The
judgment includes all tenants, subtenants, named claimants. and other occupants of the premises.
(2)
(3)
E
D
The Prejudgment Claim of Right
The unlawful detainer
to Possession was NOT served in compliance with
resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the
CCP 415.46.
judgment may Claim of Right to Possession at any time up to and including the time the levying officer returns
file a
to effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP
415.46 and 1174.3(a)(2).)
(4) If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was
not served in compliance with CCP 415.46 (item 25a(2)). answer the following:
(a) The daily rental value on the date the complaint was filed was $
(b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify):
Item 25 continued on next page
EJ-130 [Rex]. September 1, 2020] WR|T OF EXECUT'ON Page 2 of3
Document Filed Date
September 16, 2021
Case Filing Date
February 28, 2020
Category
Small Claims > 12 Claims Filed
Status
Bankruptcy Discharge
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CQOvC"! \3M 5.1-130 ATTORNEY 0R PARTY WITHOUT ATTORNEY; STATE BAR N0: FOR cow" USE ONLY NAME: BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE COMPANY FIRM NAME: STREET ADDRESS: P,O. BOX 126 CITY: ARTESIA STATE: CA ZIP CODE: 90702-0126 TELEPHONE No.: (562)565-2569 FAX No.2 (562)565—2561 EMAILADDRESS: kpadilla@timefinanceco.com E ATTORNEY FOR (name): ATTORNEY FOR SUPERIOR COURT 0F CALIFORNIA, E ORIGINAL JUDGMENT CREDITOR [:3 ASSIGNEE 0F RECORD COUNTY OF SAN BERNARDINO STREET ADDRESS: 17780 Arrow Boulevard MAILING ADDRESS: 17780 Arrow Boulevard CITY AND ZIP CODE: Fontana, CA 92335 BRANCH NAME: Fontana District PLAINTIFF/PETITIONER: BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE C CASE NUMBER: DEFENDANT/RESPONDENT: DANIEL GUTIERREZ SMCFSZOMSZZ E EXECUTION (Money Judgment) E — E Umitefi CisV" Case. WRIT 0F E E POSSESSION 0F SALE E Personal Property Rea Pwpenyl D Sniwfa n ImI e CW]: IVI glam) ase (including Family and Probate) ’ 1. To the Sheriff or Matshal of the County of: SACRAMENTO You are directed to enforce the judgment described below with daily interest and your costs as provided by law. 2. To any registered process server: You are authorized to serve this writ only in accordance with CCP 699.080 or CCP 715.040. (Name): BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE COMPANY 3. is the E original judgment creditor E assignee of record whose address is shown on this form above the court’s name. 4- Judgment debtor (name, type oflegal entityifnot a natural person! and laSt know” address)" 9. 10. D E Writ of Possession/Writ of Sale information on next page. This writ is issued on a sister—state judgment. —-— For items 11—17, see form MC-012 and form MC—01 3-INFO. r 11. Total judgment (as entered or renewed) $ 2,570.00’ DANIEL GUTIERREZ ' l 12 Costs afterjudgment (C CP 6 8 5. 0 90) . $ 0.00 924 SCENIC DRIVE SAN BERNARDINO, CA 92408 13. Subtotal (add 11 and 12) $ 2,570.00 “ 14. Credits to principal (after credit Io interest) $ 0.00 E Additional judgment debtors 0n next page 15. Principal remaining 16. Accrued due (subtract 14 from interest remaining due per 13) $___m $ 283.75 5. Judgment entered on (date): 07/27/2020 r CCP GC 6103.5 fees) 685.050(b) (not on (See type ofjudgment in item 22.) 17. Fee for issuance ofwrit (per GC 70626(a)(/)) $ 40.00 6_ D Judgment renewed on (dates): 18 Total 19. Levying amount due (add officer: 15, 16, and 17) $ 2,893.75 a. Add daily interest from date of writ (at 7. E Notice of sale under a. [j b' thls wnt: has not been requested. has been requesmd (see nexrpage)‘ ' the legal rate on 15) (not GC 6103 5 fees) ..... Pay directly to court costs included on $ 0.70 8. E [SEAL] Joint debtor information l on next page. b. 11 and 17 (GC 6103-5. 68637.” CCP 699.5200» ................ in $ 0.00 20E The amounts called for in items 11—19 are different for each debtor. These amounts are stated for each debtor on Attachment 20. ‘SEP 1 5 202‘ \ Date: Clerk, by .0 0‘ em e’ \vj mam, Deputy NOTICE TO PERSON SERVED: SEE PAGE 3 FOR IMPORTANT INFORMATION. J Page 1 of 3 Code §§ 699.520, 712.010. 715.010 Form Approved for Optional Judicaal Council of California Use WRIT 0F EXECUTION of Civil Procedure, Government Code. 561035 EJ- 1 30 [Rev. September 1. 2020] www.courtsca‘gov EJ-1 30 PIaintiff/Petitioner: BANKERS AUTO ACCEPTANCE CORP DBA TIME FINANCE c cAsE NUMBER: Defendant/Respondent: DANIEL GUTIERREZ SMCFSZOO1522 E 21. F— Additional judgment debtor(s) (name, type of legal entity TV if not a natural person, and last known address): j 22. L The judgment is for (check one): AL J a. b. D E wages owed. child support or spousal support. c. E other. RETAIL INSTALLMENT SALE CONTRACT 23‘ E Notice of sale has been requested by (name and address): V _| T L _J L __ 24. D a. Joint debtor on (date): was declared bound by the judgment (CCP 989-994) a. on (date): name, type of legal entity if not a natural person, and name. type of legal entity if not a natural person, and 77 b. b. last known address ofjoint debtor: last known address ofjoint debtor: F— j LE c. Additional costs againstcertainjointdebtors are itemized: JLE below E on Attachment24c. J 25. DE a. (Writ of Possession or Writ of Sale) Possession of real property: Judgment was The complaint was entered for the following: filed on (date): (Check (1) or (2). Check (3) if applicable. Complete (4) if (2) or (3) have been checked.) (1) E The Prejudgment Claim of Right to Possession was served in compliance with CCP 415.46. The judgment includes all tenants, subtenants, named claimants. and other occupants of the premises. (2) (3) E D The Prejudgment Claim of Right The unlawful detainer to Possession was NOT served in compliance with resulted from a foreclosure sale of a rental housing unit. (An occupant not named in the CCP 415.46. judgment may Claim of Right to Possession at any time up to and including the time the levying officer returns file a to effect eviction, regardless of whether a Prejudgment Claim of Right to Possession was served.) (See CCP 415.46 and 1174.3(a)(2).) (4) If the unlawful detainer resulted from a foreclosure (item 25a(3)), or if the Prejudgment Claim of Right to Possession was not served in compliance with CCP 415.46 (item 25a(2)). answer the following: (a) The daily rental value on the date the complaint was filed was $ (b) The court will hear objections to enforcement of the judgment under CCP 1174.3 on the following dates (specify): Item 25 continued on next page EJ-130 [Rex]. September 1, 2020] WR|T OF EXECUT'ON Page 2 of3