Helena

I won against midland-how do I file judgment?

Recommended Posts

I won against midland - yay!

Just found out I have to file judgment.

Can anyone please tell me the steps?

I never got a signed paper from court saying I won.

Am assuming the first step is getting a copy of this from court clerk.

Thank you

  • Like 1

Share this post


Link to post
Share on other sites

First of all, congrats.  I don't know much about your case other than the fact that you won, but you should feel very proud of yourself.

 

In California, there is a form for that:  http://www.courts.ca.gov/documents/jud100.pdf

 

I don't think you will have any difficulty in checking the correct boxes, but if you do, just ask. 

 

One thing you might want to do is fill out, serve and file a memorandum of costs immediately.  Even if it is just your filing fee. 15 days afterwards (+ 5 if served by mail), plaintiff has to file a motion to tax costs if it feels any are inappropriate. Plaintiff usually doesn't file a motion.  If not, you can then enter the amount of costs under item 6b and submit the judgment to the clerk for entry.  You should type the words "[Proposed]" in brackets before "Judgment" on the form submitted.  The court will strike that out and initial it when it is entered.

 

I usually send these to the Judge instead of tying to file it with the clerk's office.  Post again when you are ready and I will help you with a cover letter.

 

Again, congrats.

  • Like 3

Share this post


Link to post
Share on other sites

Thanks again calawyer.

 

Not going to try and recover costs, don't have the energy or the heart. I want as much distance as possible.

 

But the JUD 100 is confusing me. I got no paper from the courts saying I'd won.

I reviewed the online court entries and there is nada from trial except completed.

Plus, I don't have the rent-a-lawyer's name who showed up for Midland.

 

Do I just:

 

* Check box 3b and write in midland fundland's attorney, my name.

* Check JUDMENT AS ENTERED AS FOLLOWS BY: and check the court?

* Check box 5b and write in my name

 

And that's it?

 

Thanks as always.

Sorry to get corny but you have inspired me to pass it on and do for others....

 

-Helena

Share this post


Link to post
Share on other sites

I would really encourage you to request your costs.  Even if you only ask for the fee to file your answer.  It looks better in your pocket than Plaintiff's and it really makes it a bad economic decision to have sued you.

 

I would just fill out 3b, 5 b, and 6b.  Put "[Proposed]" before "Judgment" on the first page and send it with a cover letter saying you don't know the Plaintiff's attorney's name so you left that for the Court to complete from its records.

Share this post


Link to post
Share on other sites

Thanks.

It's due very soon, felt a bit dumb that I didn't know to follow this through, but that's what you get when you go pro per.

Think I should post somewhere for people who win so they don't end up back in court.

Thanks again.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.