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What are my recourse options when Superior Court clerks decline…

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What are my recourse options...
What are my recourse options when Superior Court clerks decline my defaults when all has been performed to code ... have shown clerks that they were in error when they said I did not serve summons but still faled to enter default judgment.

I am in pro se because I can't find attorney who is willing to work with somone who has speaking disability and ALS.

Thanks
Les
Submitted: 8 years ago.Category: Legal
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Answered in 10 minutes by:
6/8/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Has your complaint been properly served according to law and if so by what means?

What reason has been given for not accepting your filings? What are the "lame" excuses? Have you waited the required amount of time from the date of service to file your motion for default?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

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Customer reply replied 8 years ago

Answers:

(1) Yes the defendants were properly served according to civil procedures.

 

(2) type of service was register receipt and personal service.

 

(3) "Lame Excuses" No proof os service ... so I showed them their "Filed Stamp" of my file folder ... the 2nd time was for no "follow-up" of service so I showed them my USPS signed for copies .... last time was "No Proof of Service" again.

 

The county (SLO) is are named as defendants as well as Judge & Public Defender and many county Administrators ... many players in this because I was faslely arrested then held for 87 days with no bail and not given reason for holding me [my friends found out that judge labled me mentally incompetent]... am a retired EE and have ALS which made my speech slow and slurred for some words.

 

Visiting attorneys I met in Law Library have told me that the Judicial system in SLO is a joke. I am fighting county seat because of the ignoring my Civil Rights (Title 42 section 1983) as well as State Constitution and denied "Habeas Corpus" and denied me the medical needs I requested because of my ALS. Can't talk anymore so have had a hard time trying to find an attorney, have been in pro se since this fiasco started almost ... it was my letter to judge that got everything dismissed on April7, 2008 and defence attorneys have used wrong codes to get their clients off and I have proven this several times but court still allows defendants off while I lost my business over all this bull.

 

I lost everything that is why I have two in appeal now and will have to file a third one because Public Defenders were dismissed from lawsuit also ... it's a real mess when there are no attorneys helping. Only 3 of over 100 emails for assistance responded.

 

I can't find options online or in law library for clerks errors ... only thing I can think of is State Attorney General and asking Appeal Board when my appeals come up.

 

I even listed pro se cases in my answers to defendants demurre and have used both State and Federal Constitutions and Title 42 sec. 1983.

Customer reply replied 8 years ago

Hi Dave,

Did you read my answer to your questions on service and excusses given ??? Have seen no response yet so was wondering ... I am concerned that I will have lost everything and county is attempting to let my filed papers go into default because I can't find recourse options to get clerks to file the defaults.

 

Thanks in advance,

Les Harvey

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