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Reged: 06/09/07
Posts: 10
Court Clerks from Hell
      #264004 - 07/18/07 10:02 PM

Heres a topic i thought il might drop in the pension forum section , Seams like what ever court house you go to depending on what state your in , You can be left in the dark on info and on a merry go around of mis-filings if your not aware on how the courts operate and cant afford a attorney , And there is alot of people who are very unfournate with this situation . The Court Clerks can be a nightmare if your a in pro per person if you dont discipline yourself or understand the process , I think its gotten way out of control with the clerks of the courts and also beware of the law facilitators they can also be freind or foe , Example 1: law facilitators will tell you one thing & the clerks tell you something else and with divorce agreements & assets & 401k plans & retirement & pensions plans the advice you receive in these area's will leave you with a confused and frustrating state (something i found out the hard way) Example 2: Took the clerks advice saw a lawyer & walked in his office to hear 5,700.00 for completion i walked out of there shaking my head with who in there right mind has 5,700 dollars just stashed around in case your spouse walks ? Example 3: The law facilitator
helped with good intentions as humble friend with good directions and help , But the communication between departments of clerks and facilitators can be way far apart that in itself is another nightmare . Example 4: The clerks & the forms if your not aware of the packets for the forms which comes in complete set of forms the clerks can have you running around for each form if your not aware & that can have you loosing very important time for getting to court something i seen time & time again . Also when doing 401k & pensions plans its a whole diffrent(Set-of-Rules), I am shure the many who are dealing with it or have been through it knows as you prepare your case and look for completion . So i say beware of the clerks , Paralegals can be a very good source of the grunt work in your preparing of your case also some lawyers can give some good advice for you doing your own in pro per than being all for himself if you research & find one which can save you tons of money and cort expenses , And beleive me you can do it if you dont get caught up with the court system faults of wrong advice you can file with cofidence and look for completion in getting to court and to see the judge & hope you see a happy ending to what is a hellish nightmare in getting to the end and pass the court clerks from hell.

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Carpal \'Tunnel

Reged: 01/05/07
Posts: 3681
Loc: New York
Re: Court Clerks from Hell [Re: dwayne]
      #264178 - 07/19/07 10:58 AM


First off, I commeserate. Pro Se should be outlawed. There is no way more "normal" people could navigate our legal system and the fact that they make it seem possible is criminal...

That said; look at it from the law clerk's POV. It is NOT their job to give advice except to explain that you need a lawyer. They have 1000's of cases to manage. When a case comes in w/o the appropriate packets; w/o proof that service on the other party was performed correctly; w/o due process having been performed, WHAT is he/she supposed to do w/ it. They aren't lawyers. They can't explain what you did wrong. The packet must be dismissed in it's entirety.

We do not have Law Facilitators here in NY. But the states that do; seem to at least be able to point applicants to the right forms. The problems arises that people want them to "advise" them on legal issues which they cannot do.

The other HUGE problem with Pro Se is if you do not know the "right" questions to ask, you will NOT get the right answers.

I consider myself after 4yrs in the legal system to be knowledgeable enough to be a danger to myself. I do most of my own work but retain a lawyer to review my case for merit, to give me her opinion (which I always follow; do NOT bother to have an attorney, if you are not going to follow their advice), for drawing up the motions for serving the appropriate parties, and for filing and for the arguing.

Courts are biased. They respect filings made by lawyers versus pro se.

PS: Don't think anyone visits the pension forum, you may not get much of a discussion going here. You might want to repost under the custody or lawyer forums; they have higher traffic..

You don't want to hear this; but you really should have a lawyer.

Be kind, for everyone you meet is fighting a hard battle. --Plato

Edited by PhoenixRising (07/19/07 11:01 AM)

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Reged: 06/09/07
Posts: 10
Re: Court Clerks from Hell [Re: PhoenixRising]
      #264673 - 07/20/07 03:46 PM

well il say its true what you say about a danger to yourself in knowledgeable enough in knowing the legal system ..And yes i do have attorney and yes the courts are biased and respect filings made by lawyers , but you got a healthy percentage of folks who just cant not afford a attorney and some states who just dont have the budget and law facilitators to help and prepare there cases ..but i just wanted to share some light on the subject for most who are not prepared when dealing with this type of problem in states who have this problem .

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