Clerk Refuses To File

[weishaupt1776]

Here's something to use if you want to do a mandamus for the clerk to file or record:

• 15A Am. Jur.2d "Clerks of Court" § 23 and 21 C.J.S. § 251:
  It is the official duty of the clerk of a court to file all papers in a cause
  presented by the parties, and to endorse the correct date of the filing
  thereon. It is the duty of the clerk of the court, in the absence of
  instructions from the court to the contrary, to accept for filing any paper
  presented to him, provided such paper is not scurrilous or obscene, is
  properly prepared, and is accompanied by the requisite filing fee. Unless
  otherwise specifically authorized by statute, the duty of the clerk of court
  to file papers presented to him is purely ministerial and he may not refuse
  to perform such duty except upon order of the court. When the statute
  requires the clerk of court to file all papers delivered to him to be filed, he
  is not concerned with the merit of the papers nor with their effect and
  interpretation. The clerk has no discretion in the matter of filing papers
  recognized by law as properly belonging in the record of causes. It is not
  for the clerk to inquire into the purposes or contents of such papers, or
  into the circumstances giving rise to them or attending their preparation.
  The power to make any decision as to the propriety of any paper
  submitted, or as to the right of a person to file such paper, is vested in the
  court, not the clerk. However, where a statute makes it the duty of the
  clerk of court to file a particular document, a judge is without authority to
  interfere with such filing. (15A Am. Jur.2d "Clerks of Court" § 23, Filing of
  Papers).
  Clerks of court should file all legal papers tendered and as a rule are not
  concerned with their merits. (C.J.S. § 21 Filing of Papers 251).

So what this is saying, is that clerks are incompetent to make legal determinations and that they should carry out their mundane robotic duties as programmed.

[BOBT12]

weis,

This information may really come in handy.

Thanks.

[Freedomless]

Papers were filed into my case and then recorded in the county clerks office. After the judge ruled on the case, judgment for the credit card company, we waited to receive the judgment in the mail. It was never mailed out. After the 30 day waiting period, the clerk was approached for the judgment. Also asked for the docket on the case. On the docket the judge signed his initials by satisified, but the papers that were filed into the case were not on the docket. The papers were true and certified and are in safe keeping.

What gives with the judge's signature next to satisified and the papers not being shown on the docket?

[Ice]

The answer to your question is in direct relation to the content of the papers. The members could not answer your question without knowing the details of the action and exactly what was filed.

Ice

Originally Posted by Freedomless

Papers were filed into my case and then recorded in the county clerks office. After the judge ruled on the case, judgment for the credit card company, we waited to receive the judgment in the mail. It was never mailed out. After the 30 day waiting period, the clerk was approached for the judgment. Also asked for the docket on the case. On the docket the judge signed his initials by satisified, but the papers that were filed into the case were not on the docket. The papers were true and certified and are in safe keeping.

What gives with the judge's signature next to satisified and the papers not being shown on the docket?

This could be a success story!!!!!!!Judge says one thing "you lose"and the record says "satisfies" like as in paid off or discharged? Like the posts on criminal court where the judge says in a loud voice, "we'll reset this for trial" and you never hear from them again.This sounds like what we call a "minute entry" where the clerk types up a one sentence or brief phrase like "default granted". You might call the clerk and ask what is the last thing in the record. If they say the judges entry of satisfied, ask for a certified copy of that. If they say judgment, ask for cert copy of that.

[Freedomless]

The CAT from catfreedom.com was filed into the case. The last entry on the docket was the judge's initials by satisfied.

When we go to the court house, the clerks say as little as possible to us. This took place after we filed and recorded a denial of corporate idenity or a sovereignty affidavit. We had touble getting this filed but made it happen in a different county.

Then when the credit cards companies took us to court, we filed the CAT into the case and then into record at the recorder's office. We got true and certified copies of the record.

IMHO they judge can say whatever he wants in the court, but I have stated and filed and recorded my status lawfully.

[weishaupt1776]

My main beef with the CAT affidavit is that it is really tough to understand.

I even talked to a member here who has been following Grady for a while and still couldn't really explain it to me.


This concerns me, because it indicates that people are just filing boilerplate stuff and would impeach themselves by showing that they are incompetent to defend their paperwork should they be cross or direct examined

Are people just filing this stuff by faith w/ little knowledge?

Anyway, attached is another document regarding clerks refusing to file/record

yeah, i got catfreedom bookmarked and check it regularly. Michael Grady says snippets here and there of stuff you overstand, but for the most part, its stuff that he doesnt explain. i concure, how can you file a document that YOU dont overstand, much less the judge. any success right now i feel is because of some judges being afraid of the unknown. the cat may be 100 percent on point but who would know? if you pay attention, you got about 10 people in the freedom movement who claim that something THEY filed against the government caused 9-11 world trade center attack.

[Freedomless]

The judge in our case drill us for 2 hours on the CAT. He was not able to make up trip, but still awarded judgment in favor of the Credit Card Company. When the time comes, this judge who has given other judgments wrongly, will have to answer to his illegal game. Many are working on the answers to bring light to the darkness in the court rooms, at which time the truth will prevail and those who hid the truth will pay.

[weishaupt1776]

Wouldn't it be interesting to record (not just file) at the SoS, a
“statement of denial of partnership”, “statement of dissociation”, “statement of dissolution”, etc. . . with the STATE as the named corporation/partnership and then attach your hot docs as exhibits?

http://ctas-notes.ips.utk.edu/public...f?OpenDocument