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I'm not an attorney, I am a Judgment Broker. This article is my opinion, based on my experience in California. Laws vary in every state. If you ever want a strategy to use or legal advice, please contact an attorney. What if you have a judgment to enforce, either as the original judgment owner, or an assignee of record, or are a representative of the original judgment owner (nearly always as their attorney), and the clerk won't file and stamp your motion, or some other court document? What to do if a clerk will not accept, endorse, and file your document; depends on the reasons they denied it. In most State courts, there are regulations which permit papers to be "filed on demand". Politely ask the court clerk to explain the reasons they're rejecting your papers. Remind them, that they may tell you what's generally wrong, without offering you legal advice. When there is a fee required, or you are using the wrong revision of a Judicial Council form, do not have a signature or a notarization, or need the required proof of service, you should not attempt to file your paperwork until you correct the problem. When you know the relevant laws, and that the paperwork is proper and correct, you can politely request that the clerk to "demand file" the document. Prior to requesting that a clerk demand file your paperwork, make certain you're correct. The documented rules of the local court system might cover the laws and rules on the points relevant to the attempted filing. Often, the clerk will be right. If you're certain you're right, you can usually demand file your paperwork. If the clerk refuses, you can ask to talk with the supervisor. The clerk's immediate supervisor has the authority to tell the court clerk to accept your documents and file them. The court supervisor's office might be at a different office or location, at a main courthouse. If the supervisor says no, you could send a polite letter to the presiding court judge. If the judge says no, it might be best to stop there. However, you may be able to also write a letter to the Judicial Council. If they say no, it is probably best to give up and/or hire a lawyer to advise you. If you file by demand, the clerk endorses your paperwork with a very noticeable "filed on demand" stamp. This could alert other parties, that something might not be right with your documents. Demand file court documents only as your last resort. Try not to do this more often than is really required. The best outcome of a demand filing is to change the court clerk's policy, by them or their supervisors learning why your filing was correct. You do not want to become known to courts as a problem maker. http://www.JudgmentBuy.com - where Judgments and debts quickly get recovered by the best - matched expertly for free, to your debtor. Mark Shapiro, a judgment expert. We pay for leads, and offer the best no obligation free leads for collection agencies, enforcers, and contingency collection attorneys.
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demand filing, demand filing court, filing by demand, judgment enforcement, court clerks,
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