I am not an attorney, I am a Judgment Broker. This article is my opinion, from my California experiences. Laws vary in each state. If you ever want legal advice or a strategy to use, you should contact an attorney.
What do you do if one has a judgment to enforce, either as an original judgment creditor, or the assignee of record, or are representing the original judgment creditor (almost always as their attorney), and a court clerk won't stamp and file your court document or motion?
What should be done when a court clerk will not accept, stamp, and file your document; depends on the reasons they denied them. In many State courts, there are regulations which allow papers to be "filed on demand".
Courteously ask the clerk to tell you the reasons they're denying your papers. Remind them, that they may tell you what is generally incorrect, without offering you legal advice.
When there are fees required, or you have the wrong revision of a Judicial Council form, do not have a signature or the notarization, or are missing a required proof of service, you shouldn't attempt to file the document until you correct the issue.
When you are complying with the relevant laws, and that your document is proper and correct, you could politely ask the court clerk to "demand file" your document.
Before requesting that a court clerk demand file a document, make sure you're right. The documented rules of the local court system may cover the rules and laws on the points related to the proposed filing. Sometimes, the clerk will be correct.
If you're certain you are right, you usually can demand file your document. If a court clerk refuses, you can ask to talk with a supervisor. The clerk's immediate supervisor has the authority to instruct the court clerk to accept your papers and file them.
The court supervisor's office might be in a different location or office, at a main courthouse. If the supervisor says no, you can send a polite letter to the presiding court judge.
If the judge says no, you probably should stop there. However, you might be able to also write a letter to the Judicial Council. If they say no, it is probably time to give up or hire a lawyer to advise you.
When you file by demand, the court clerk stamps your paperwork with a very noticeable "filed on demand" stamp. This might alert opposing parties, that something might not be correct with your paperwork.
Demand file court documents only as a last resort. Try not to do it 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.
Author Resource:-
http://www.JudgmentBuy.com - where Judgments and debts quickly get enforced by an expert - matched expertly for free, to the judgment debtor.
Mark Shapiro, the expert on judgments. I pay for leads, and offer the best quality free leads for collection agencies, enforcers, and contingency collection lawyers.
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