Legal (and nonsensical quasi-legal) advice on the internet

Posted by Why Chat (209.240.205.61) on December 01, 2003 at 15:38:20:

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

I never suggested you file a motion to vacate, as I did not have enough information to give an opinion.

Since you ask, however, in general (as I posted before) unless the debt is NOT yours, or it was a default judgment improperly served that COULD have been successfully defended if you HAD received notice, there is, in my opinion, NO EARTHLY REASON TO ATTEMPT TO VACATE.

As to "other advice" you have received. There are many websites on the internet with a variety of dubious "legal" advice, ranging from how to avoid paying taxes, to debt "cancellation" to do it yourself BK and divorces.

The"advice" given from "CAK" appears to have come from a website run by a Mark Perkel,formally of Mo. who apparently is now in Ca.It is interesting and well written and I am sure many believe his "system" and the preformatted forms he publishes.

He has apparently, however, never WON any of his cases stemming fom a divorce, credit problems etc., nor any of his appeals.

He writes that the whole Mo. (and indeed Federal) Court system is corrupt and does things illegally.

He is one of MANY such people on the internet, and the only distinguishing character he has is that he has fewer spelling and grammatical errors than most.

Following is the legal definition of Nunc Pro Tunc

Nunc pro tunc literally means "now for then."

Occasionally, a court or party to a divorce forgets to file the papers necessary to obtain the final decree (after the interlocutory judgment has been granted), and the result is that the divorce never becomes final.

If the oversight presents a problem (for example, one party has already remarried, or there is a tax advantage to being divorced earlier), the court may agree to issue a nunc pro tunc order, which grants the final divorce retroactive to the earlier date.

This phrase is used to express that a thing is done at one time which ought to have been performed at another.

Leave of court must be obtained to do things nunc pro tunc, and this is granted to answer the purposes of justice, but never to do injustice.

A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court.

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