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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31564
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Do you need a plaintiff and defendant to go to court? Small

Customer Question

Do you need a plaintiff and defendant to go to court? Small claims court? I just need something signed by a judge. Do I need to file a lawsuit for that?
Submitted: 11 months ago.
Category: Legal
Expert:  Roger replied 11 months ago.
Hi - my name is ***** ***** I'll be glad to assist. Yes, in order to get a judge to sign an order or a judgment, there must be a lawsuit filed by a plaintiff against a defendant. Unless the parties are properly brought before the court, the judge cannot make a legally binding ruling.
Expert:  Roger replied 11 months ago.
So, if you want a court order directing/requiring another person to perform a task or function, you will have to file a suit and get a court order.
Customer: replied 11 months ago.
Thank you. That's a pretty direct answer to my question. I think I can take it from here.
Expert:  Roger replied 11 months ago.
No problem and thanks for your question. If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Customer: replied 11 months ago.
On second thought, this would mean my taking the head of the Spanish stud book in Spain to court. She has requested that I get a U.S. judge's signature on some document verifying that I indeed own my Spanish stallion. This is to get him registered because the person I bought him from got him without papers. I was hoping I could do something much easier since I believe I have all the appropriate and conclusive evidence available which shows that I have owned him for the last three years since I bought him. When the stud book head requested this, she probably did not understand how we do law in the United States. Neither did I. I don't think she wants to be sued, but that's in essence what you're telling me; is it not?
Expert:  Roger replied 11 months ago.
A judge isn't going to sign off on anything that verifies that you own the stallion unless it is an issue in a lawsuit that the judge is presiding over.
Expert:  Roger replied 11 months ago.
So, a lawsuit would have to be filed in order to get a judge to make any ruling or decision in any situation.
Customer: replied 11 months ago.
Got it. Thank you
Expert:  Roger replied 11 months ago.
No problem and good luck with this.
Expert:  Roger replied 11 months ago.
No problem and good luck with this.
Expert:  Roger replied 11 months ago.
If you need anything further, please let me know.
Expert:  Roger replied 11 months ago.
Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again.