I’m not an attorney, I am a Judgment Broker resource. This post is my impression, and not legal information, according to my knowledge in California. Legal guidelines fluctuate in each individual state. In case you ever have to have any lawful suggestions or a method to employ, remember to get in touch with an attorney.
What if you have got a judgment to recover, either because the authentic judgment creditor, or the assignee of record, or are symbolizing the original judgment creditor (nearly always as their legal professional), and the court clerk will not likely stamp and file your movement, or another courtroom document?
How to proceed every time a court docket clerk will not likely acknowledge, stamp, and file your document; relies upon on why they rejected them. In most State courts, you will find restrictions that let documents to generally be “filed on demand”.
Politely request the court clerk to elucidate why they’re rejecting your filing. Remind them, they can let you know what exactly is frequently wrong, without the need of providing you lawful assistance.
When there is a payment required, otherwise you are utilizing the wrong version of a Judicial Council type, are missing a signature or maybe a notarization, or are missing a needed evidence of company, it is best to not make an effort to file the doc until eventually you right the problem.
In the event you are complying while using the correct legal guidelines, and that your document is suitable and appropriate, you might politely check with the clerk to “demand file” your document.
Before requesting that a court docket clerk demand file your doc, be sure you are appropriate. The revealed policies of your respective local court program may possibly address the principles and regulations within the concerns suitable for your proposed submitting. Occasionally, the courtroom clerk are going to be suitable.
Should you are sure you happen to be appropriate, you’ll be able to commonly demand from customers file your doc. If the clerk refuses, it is possible to question to speak having a supervisor. The court clerk’s immediate supervisor has the authority to instruct the clerk to simply accept your papers and file them.
The court docket supervisor’s office environment may possibly be within a different office environment or place, in a key courthouse. In case the supervisor claims no, you can send a well mannered letter into the presiding court docket decide.
In the event the decide claims no, you most likely should really stop there. However, there’s a chance you’re capable to write a letter to your Judicial Council. When they say no, it can be possibly greatest to provide up or use an attorney to advise you.
After you file by need, the clerk stamps your document with a incredibly obvious “filed on demand” stamp. This may well warn opposing functions, that one thing could not be appropriate with your doc.
Demand file court docket paperwork only being a past vacation resort. Consider to not get it done additional normally than is completely necessary. The most beneficial end result of a demand filing is to alter the clerk’s coverage, by them or their supervisors understanding why your submitting was correct. You do not want to be acknowledged to the courtroom as being a trouble maker.