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Demand Filing

By Mark Shapiro

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Published: 24Feb2012
Word count: 748
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I'm not an attorney, I am a Judgment Broker. This article is my opinion, from my California experiences. Laws are different in every state. If you ever want a strategy to use or legal advice, please contact an attorney.

What do you do if one has judgments to enforce, either as an judgment's original owner, or the assignee of record, or are a representative of the judgment's original owner (nearly always as their lawyer), and a court clerk won't stamp and file your court document or motion?

What should be done if a court clerk won't allow, endorse, and file your papers; depends on the reasons they denied them. In many State courts, there are rules which allow papers to be "filed on demand".

Courteously ask the court clerk to tell you the reasons they're denying the papers. Remind the clerk, that they may inform you what's obviously 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 need the required proof of service, you shouldn't attempt to file your paperwork until you correct the issue.

When you are complying with the appropriate laws, and that the paperwork is proper and correct, you can politely request that the court clerk to "demand file" the paperwork.

Prior to requesting for a court clerk demand file a document, be certain you're correct. The documented rules of the local court system might cover the laws and rules about the points relevant to the attempted filing. Often, the court clerk will be correct.

When you're certain you're correct, you usually can demand file your paperwork. If a court clerk refuses, you could ask to talk with the supervisor. The court clerk's immediate supervisor has the authority to tell the court clerk to accept your documents and file them.

The court supervisor's office could be at a different location or office, at the main courthouse. If the supervisor says no, you could send a polite letter to the presiding judge of the court.

If a judge says no, it might be best to stop there. However, you may be able to write a letter to the Judicial Council. If they say no, it's probably best to give up and/or hire an attorney to advise you.

If you demand file, the court clerk endorses the paperwork with a very noticeable "demand filed" stamp. This could tip off other parties, that something could not be correct with your paperwork.

Demand file court documents only as your last resort. Try not to do this more often than is really required. The best result of your demand filing is to change the court clerk's policy, by them or their supervisors learning why the filing was correct. You don't want to become known to courts as a headache maker.

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