We are finding the clerk is interfering with the administration of justice in foreclosure cases. It is clear the clerk had lied to folks, lost documents, misfiled documents, and allowed the attorney to break all the rules that make the court process fair.
What does a clerk do?
The clerk is responsible for a court’s non-judicial operations, essentially everything a court does beyond trying cases. According to U. S. Department of Labor (DOL), common clerk responsibilities include:
- Preparing and issuing orders of the court (summonses, probation orders, other official documentation).
- Preparing dockets of cases.
- Examine legal documents submitted to courts.
- Searching files and contacting witnesses, attorneys, or litigants to obtain information for the court.
- Preparing staff schedules.
- Swearing in jury members, interpreters, witnesses, or defendants
- Instructing parties about the timing of court appearances
As you can see, clerks cover a lot of administrative ground and play an essential role in keeping courthouses running smoothly.
The Clerk Is Responsible For The Court’s Money:
The clerk is responsible for the court’s money and record-keeping, acting in effect as both the chief information officer (CIO) and the chief financial officer (CFO) of the court. . Clerks perform tasks similar to other administrative assistants but do so on behalf of the legal system. The clerks manage budgets, analyze court financial data, and perform other administrative tasks. Clerks may also manage other staff in larger courts. Court clerks are experts in project management, human resources compliance, negotiation, diplomacy, probate law, financial compliance, information systems, court procedures, jury management, and business management.
Have You Been Violated By The Clerk?
Most folks trust the clerk and blab to them way more information than necessary. Most folks do not realize the clerk is skilled at smelling fear and has no problem running interference in the best interest of the court. In most cases, the clerk is responsible for lying to you and making you believe your pleadings are deficient to beat you down to accepting dismissal. In my sister’s case, the federal clerk convinced my sister that she needed to file her case in the other federal court 65-miles away, as opposed to 22- miles one way.
The Main Problem We Are Finding:
The main problem appears to be the clerk allowing the attorney to skate the rules and do whatever the attorney wants while holding you to a higher standard of conduct. We have in some cases state-level attorneys representing fellow attorneys (pro-se) in the federal court who are not licensed in federal court and have not passed the federal b.a.r. When the clerk forces you to follow their stupid local rules and allows the attorney to do whatever they want to you.
New “Notice of Claim-Lawsuit” Against The Clerk:
I’m working on a new lawsuit package to use first as a notice of claim against the court clerk before any or after decisions are made in the case. I’m using this new strategy and package to force the federal court to visualize their shared civil liability because the clerk is clearly helping the attorneys stall. Now I think the best strategy would be to put the clerk on notice after you have the attorney backed into a corner. You will know you are in control when they request additional time to answer or respond.
The Clerk Has A Conflict Of Interest:
The clerk has a conflict of interest when you are suing the judge because of the fact the clerk is responsible for the court’s money. When I read this I was thinking of all kinds of ideas in my head about how to use this in our favor. If you are suing the judge the clerk should not be the person who files and manages your case file because the clerk will help the court to protect the court’s money.
Who Will Manage Your Court File When Your Add The Judge To The Foreclosure Lawsuit?:
Well now we have an interesting predicament here, the judge can’t manage your court file because you are suing the judge. Other clerks would also have a conflict of interest because you filed a claim against their fellow employee. Maybe they will allow you to manage your file in their office?? lol
My New Lawsuit Package Against The Clerks:
My new package will be used to put the clerks on notice if they help the attorneys they will liable in civil court. If the clerk already violated your due process you can file this as a claim ad get the ball rolling. Anyone who was violated by the clerk can use this package to file a claim against the clerk for remedy. When the court process is not fair you will never have a chance to make them stand down. The new package will be half price at 299.00 for the first 10- people. If you are interested and ready to invest please email me and put in the subject “Sue The Clerk” and when I’m finished with the package you will be among the first to get the document package.