Can a Superior Court Clerk Sign Off a Default Judgement

[plumas]

My question involves judgment recovery in the State of: CA

I received a summons a year ago from a Collection Company in CA, I was told I had to pay an enormous amount to file a response by the Superior Court Clerk here where I live. At that time I did not have the money to fight this.

The Court asked for proof of debt from Collection Co. As well, I did this too. It was never provided. There was a judgement entered by the Clerk of the Superior Court, as this is what she told me, and told my husband the same thing when he called. Can a Clerk enter Defaults? I have an endorsement stamp on a writ and that is it. No Judge ever signed off on this. She said there was no judgement, just a writ? Also the amount of this went from $2,000.00 to $6,000.00 on Summons, now it is up to $10,000.00. Isn't a Judgement for the amount you supposedly won in court and it does not increase with extreme amounts of interests?

Thank you so much, I really appreciate any help you could throw my way. I was also wondering what remedy I have towards this Company, as I have never received anything but the original summons and a writ, both have the wrong information on them and I have no idea what this is for even, or if it is indeed my debt. Can I do a motion to set aside or vacate. Limited Civil Action under $10,000.

I was very ill at the time with a life threatening disease and could not go to court to find out about this?

Thanks so much,
Confused in Northern CA

[AZDeputyClerk]

Did you look into whether you could get the fee to file an Answer deferred or waived? If you did not file an answer within the prescribed response period, then the collection was probably well within their rights to ask the Clerk to issue the Entry of Default Judgment and Writ. Here in Arizona, the Superior Courts often get judgements transferred from the Justice Courts to enforce the judgment ordered in that court. The superior court judges rarely have anything to do with those cases as there are no matters of law at issue other than enforcement of the judgment, which sometimes has interest applied. As for knowing about the matter, the service of the summons was all the notice required. Failure to answer the Summons means that you are not contesting the facts presented. You could file a Motion and Order to Set Aside/Vacate, but you're still going to have to pay the Answer fee and serve the other party. The big question is whether the court will or can grant such an order and only an attorney can address that matter.

[KeyWestDan]

AZ is nuts. If this was true, it would be a constitutional class action before the US Supreme Court in no time.

There is NO FEE for filing an answer. Who sold you that con job? There is only a filing fee to commence a civil action. There is a fee usually to file counter-claims but you didn't get anywhere near there.

To appeal a money judgment often takes a surety bond for the amount of the judgment and a couple of years of interest. That is up to the judge, not some freaking clerk. You are way out of time to file an appeal. Time to file an appeal is usually 30 days. Hopefully you can attack the judgment.

No idea how much time CA allows to vacate a default judgment. In any case, you need to file a motion to vacate the judgment or writ. Have not heard of a writ being issued without a judgment. Something is screwy.

If you can't afford a civil attorney you need to be a quick study and if you are out of time, you have only yourself to blame.

The interest on a judgment is limited by law to whatever the state permits by statute. The creditor doesn't get to make it up.

If the clerk's office is local or somewhere you can get to, go there and read the file. See exactly what happened and take notes.