Re: Nunc pro tunc/Judgment

Posted by CAK (66.140.213.155) on December 01, 2003 at 15:07:38:

In Reply to: Nunc pro tunc/Judgment posted by NeedHelpwithJudgment on December 01, 2003 at 13:57:57:

On your motion to vacate, I don't believe you stand a chance if the debt is yours. However, you do stand a chance by having your Judgment amended Nunc Pro Tunc. If you were not served personally, and never received notice of a trial date, then a Judgment was entered against you wrongfully and should amended Nunc Pro Tunc. You can use Nunc Pro Tunc for other legal necessities other than for a clerical error. However, this sounds like to me to be a clerical error by the court because you were not served and a Judgment was entered against you. The clerks job is to set the date and time of trial if everything is in order, including documentation that you were not served. This is so the Judge is informed of no service and so he/she does not enter a Judgment wrongfully. Additionally, clerks must post bond with their respective counties, for reasons just like this, i.e., they made a clerical mistake and are not willing to correct it. You can file a civil action against the clerk for damages sustained and you will be paid from their bond. If she/he is uncooperative with you as you say, then have your attorney give her/him a call. Some clerks I have encountered believe they are the final say so, and believe they have more authority than they actually do and forget that they work for us, the tax payer. I have set more than one clerk straight in my time at various court houses. Your state should have a Rule that mirrors the Federal Rule 60 (a) for clerical errors. If your state doesn't, then use the above rule as it would effectively trump any state law that did not afford you equal or more protection. As some think this may be legal advise, always consult with your attorney, as this is merely my well educated opinion.

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