Which came to mind again remembering all the attorneys in new states who have tried to have a suitors' judgment removed from the US or county clerk record. The suitor simply refuses for cause.
Quote:
UNITED STATES OF AMERICA,
Plaintiff,
v.
WILLIAM J. KENNEDY, individually and d/b/a AMERICAN LEGAL SERVICES and the EAR OF MALCHUS, Defendant.
Case No. 03:06-cv-5383-JCS
ORDER
This matter The United States of America has filed a complaint for permanent injunction in this matter against defendant William J. Kennedy, individually and doing business as the Ear of Malchus and American Legal Services. The United States, and Kennedy, have filed a Stipulation of Permanent Injunction as follows:
Kennedy, without admitting the allegations contained in the complaint, hereby consents to the entry, without further notice, of this Final Judgment of Permanent Injunction.
Kennedy enters into this Final Judgment of Permanent Injunction voluntarily, and waives the entry of findings of fact and conclusions of law. Kennedy also waives any right he may have to appeal from this Final Judgment of Permanent Injunction.
|
Oops! Acquiescence is considered consent!
In one instance I am remembering this morning, the attorney for the defendant's attorney submitted a motion to the federal magistrate that he issue an Order for the county clerk and recorder remove the judgment. The suitor refused it for cause and the defendant then sent the motion directly to the county clerk and recorder. The courier/process server hid the notice of that under the suitor's doormat but he spotted it in time to R4C timely.
Do not misunderstand, almost all attorneys are wise enough not to lend credibility to judgments
res judicata by challenging them. This happens mostly when a new suitor cures remedy in a new state.
Regards,
David Merrill.