Legal Question in Civil Litigation in California

pos 010

What do I do when the clerk revoks my pos 010 due to not completing form properly


Asked on 5/14/07, 9:13 pm

4 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: pos 010

Mr. Cohen pretty much nailed it on the head. If the form is filled out incorrectly, simply have a new one filled out correctly and have the server sign it.

If you think that the clerk is wrong, you are allowed to speak to the clerk's supervisor. I would advise against this, unless you are me, and are confident that you are right and the clerk is wrong.

That happens about one every five cases, and usually involves me filing a complex document the clerks have never seen before. The supervisor always says I am right, but that is another story.

Very truly yours,

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Answered on 5/14/07, 11:59 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: pos 010

When a court clerk rejects a document, they almost always give you an information sheet describing the error. You can correct the error by following the instructions and resubmit the proof of service for filing.

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Answered on 5/15/07, 8:01 am

Re: pos 010

If a form is rejected it should be corrected and refiled with the court clerk.

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Answered on 6/11/07, 12:13 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: pos 010

Have the person who signed it fill out a new one correctly and file it with the court.

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Answered on 5/14/07, 9:36 pm


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