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Still need answer to last question of Recource to clerks not filing defaults. Defendants have been in default since Aug. 2009 and I have filed 3 times for default and clerk refuses to file saying I never served summons or had I ever followed up on service which is bunk on both counts. Defendants were properly served according to Civil Procedure to defendants and also to attorney of record. They have been personal service and registed postal service with acceptance signature of receiving of which I have copy of and have also shown clerk with copy.

I am in pro se because I have ALS and can no longer talk, only 3 of over 100 attorneys ever responded to emails requesting assistance.

Thanks in advance
Les
Submitted: 8 years ago.Category: Legal
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Answered in 1 hour by:
6/15/2010
Lawyer: Irwin Law, Attorney replied 8 years ago
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,580
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Are you trying to default the defendants because they failed to appear or answer? If so, then who does the "attorney of record" represent? Did you file the returns of service with the court, or just kept them in your possession? Have you ever filed a formal motion for judgment by default which would bring that question to the attention of the judge?
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Customer reply replied 8 years ago

The defendants are in default because they failed to respond to the complaint ... the attorney of record sent me a letter stating they were attorney of record so sent them a registered postal with signature required. No one ever responded to complaint and no one informed me there were any changes of attorney of record. Why would an attorney let things go into default? seems strange to me but this is San Luis Obispo County and they are messed up big time.

I filed the returns of service as well as the originals of the "Proof of Service" court file has everything ... this has been going on for 28 months now and I have been forced to do things others would not have to.

Yes, I filed 3 formal default motions with dates of default and have had them returned without filing and told there was no "Proof of Service" so I gave them copy of their clerk stamp "Filed" to prove that service was done so then they tell me that I needed a special form and I asked what special form and they couldn't answer so they say I needed followup of service first so I asked where in code does it say that 3 services have to be performed before default judgment and "Due Process" is achived.

County is being sued as well as Judge Duffy's obstruction and 3 police officers for false arrest as well as towing company for "Grand Theft" and "Identity Theft" of me and my customers, records I had in file boxes and computers in vehicle that was towed.

It's a big complex case with Constitutional errors at every step ... even fasification of reports by police officer and Deputy District Attorney ... I spent 87 days in jail and comitted no crime ... I have ALS that effects my ability to talk and be understood.

Because of this visiting judge I have had to file 2 appeals already when he let off the people who caused the false arrest and the people who stole all my personal and business property in vehicle because police officers never inventoried vehicle so tow company employees must have thought they could get away with all the property.

It's a total fiasco of circumsttances at every level even public defenders.

Some County Administrator employees are named as defendants and its my understanding county dosn't like to be sued for dmages even when they are at fault and in SLO county they try to make it as hard on you as they can.

Thanks in advance,

Les Harvey

Lawyer: Irwin Law, Attorney replied 8 years ago
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