Legal Question in Civil Litigation in California
Clerk's Judgement-Default
What does it take for one to be eligible for the clerk's default judgement instead of the court default judgement?
What is the limit on the amt one can recieve for the Unlimited default clerk's judgement?
Where does one find the statutes applying to the above besides the Federal Rules of Civil Procedure,
state Rules of Court, and the local Rules of Court?
2 Answers from Attorneys
Re: Clerk's Judgement-Default
Two places to look are: go ask the civil clerk for the forms to do a default and default prove up; and/or go to the county law library (some courts have rather good law libraries), and research the matter in one of the practice guides i.e., Rutter Books or CEB Guides. Ask the librarian to help you. The codes themselves are pretty sterile. And don't show you how to do it.
Re: Clerk's Judgement-Default
there is no such thing as an unlimited clerks default judgment. clerks do not have that authority as it would violate the fifth amendment to the US constitution. you can also check the CA code of civil proceedure.
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