Specific rules regarding filing a judgment vary slightly from state to state. Generally, to begin the process of filing a judgment, a person must submit the appropriate forms to the local county clerk's office.Know More
According to the website for the Judicial Branch of the State of Connecticut, two forms are required for opening a judgment in the state of Connecticut. The first form, an "appearance" form, tells the court that a person is acting as his own lawyer and lists the address to which all documents regarding the case must be sent. The second, a "motion to open judgment" form, tells the clerk that the person wants a judge to open the case. This form provides the court with the reason why the case should be opened, and it needs to be signed by the filer in front of the county clerk. There is a fee involved in filing a judgment, but if financial hardship exists, submit a third form requesting that the fee be waived.
Once the judgment is filed, a court hearing is scheduled. Either the filer is contacted about a future court date and given instructions on what to do, or the filer can ask the clerk to set a court date immediately. In the second case, it is necessary to have the judgment motion served to the other party by a state marshal.
Exact filing rules are state-specific. Check with the county clerk's office in the state where the judgment is being filed in order to get the state's complete list of filing instructions.Learn more about Law
A default judgment in small claims court is a money judgment that the court enters against a defendant who fails to defend against a claim brought against him, according to the Civil Law Self-Help Center in Las Vegas, Nevada. This typically involves the defendant failing to appear at the court hearing or failing to answer the written summons and complaint.Full Answer >
Bureaucratic discretion is the ability of bureaucrats to use their own judgment to determine the best ways to implement laws. This term is also known as administrative discretion.Full Answer >
The procedure for dealing with a lower court's judgment involves affirmation by the appeals court, thus ending the case, explains the American Bar Association. However, the losing party may appeal the case to a higher court if there's a legal basis, such as a particular material error during the trial. The appeals court may dismiss the appeal due to jurisdiction reasons, which means the judgment remains in effect.Full Answer >
When a judge vacates something, it means the ruling or verdict is set aside, such as an order or judgment that he finds improper. In the case of tenancy law, vacate refers to an order to move out and cease occupancy of a rental unit, according to Rottenstein Law Group.Full Answer >