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RE: [tips_and_tricks] Court Clerk Signature

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  • Dessie Andrews
    That is THE proper procedure ... From: dpatrick119 [mailto:dpatrick119@yahoo.com] Sent: Tuesday, September 02, 2003 6:18 PM To: tips_and_tricks@yahoogroups.com
    Message 1 of 11 , Sep 2, 2003
      That is THE proper procedure


      -----Original Message-----
      From: dpatrick119 [mailto:dpatrick119@...]
      Sent: Tuesday, September 02, 2003 6:18 PM
      To: tips_and_tricks@yahoogroups.com
      Subject: [tips_and_tricks] Court Clerk Signature


      Hey all,
      Is the signing of a WRIT OF EXECUTION by a court clerk proper
      procedure? If so or if not can someone tell me where I can find
      supporting informaiton? I am in Utah. Response greatly appreciated!

      Gung-Ho,
      Patrick




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    • puma@carlsbadnm.com
      Patrick, Yes that is a proper procedure. Further, if there was a fee paid in connection with the writ, that cost will be added to what you owe. Also there is
      Message 2 of 11 , Sep 2, 2003
        Patrick,
        Yes that is a proper procedure. Further, if there was a fee paid in connection with the writ, that cost will be added to what you owe. Also there is interest running on the amount of the judgment against you, that increases what you owe on a daily basis. Your best bet to make this all go away, is to negotiate a payoff, or negotiate a payment plan with the judgment holder and then pay up.
        Hope that helps,
        Bud


        At 05:17 PM 09/02/2003, you wrote:
        Hey all,
        Is the signing of a WRIT OF EXECUTION by a court clerk proper
        procedure? If so or if not can someone tell me where I can find
        supporting informaiton? I am in Utah. Response greatly appreciated!

        Gung-Ho,
        Patrick



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      • shaffersys@cox.net
        Show me anywhere in the constitution the clerks were given this power?
        Message 3 of 11 , Sep 2, 2003
          Show me anywhere in the constitution the clerks were given this power?

          >
          > From: "dpatrick119" <dpatrick119@...>
          > Date: 2003/09/02 Tue PM 07:17:45 EDT
          > To: tips_and_tricks@yahoogroups.com
          > Subject: [tips_and_tricks] Court Clerk Signature
          >
          > Hey all,
          > Is the signing of a WRIT OF EXECUTION by a court clerk proper
          > procedure? If so or if not can someone tell me where I can find
          > supporting informaiton? I am in Utah. Response greatly appreciated!
          >
          > Gung-Ho,
          > Patrick
          >
          >
          >
          >
          > To unsubscribe from this group, send an email to:
          > tips_and_tricks-unsubscribe@yahoogroups.com
          >
          >
          >
          > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
          >
          >
          >
        • Royce Mitchell, Jr
          The signature of the clerk constitutes signature of the judge in a default judgment. That is in the Rules. Respectfully, Royce ... From: shaffersys@cox.net To:
          Message 4 of 11 , Sep 3, 2003
            The signature of the clerk constitutes signature of the judge in a default judgment. That is in the Rules.
             
            Respectfully,
             
            Royce
            ----- Original Message -----
            Sent: Tuesday, September 02, 2003 8:50 PM
            Subject: Re: [tips_and_tricks] Court Clerk Signature

            Show me anywhere in the constitution the clerks were given this power?

            >
            > From: "dpatrick119" <dpatrick119@...>
            > Date: 2003/09/02 Tue PM 07:17:45 EDT
            > To: tips_and_tricks@yahoogroups.com
            > Subject: [tips_and_tricks] Court Clerk Signature
            >
            > Hey all,
            > Is the signing of a WRIT OF EXECUTION by a court clerk proper
            > procedure? If so or if not can someone tell me where I can find
            > supporting informaiton? I am in Utah. Response greatly appreciated!
            >
            > Gung-Ho,
            > Patrick
            >
            >
            >
            >
            > To unsubscribe from this group, send an email to:
            > tips_and_tricks-unsubscribe@yahoogroups.com
            >

            >
            > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
            >
            >
            >




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          • Richard Johnson
            Here s the definition from law.com: ( http://dictionary.law.com/ ) writ of execution n. a court order to a sheriff to enforce a judgment by levying on real or
            Message 5 of 11 , Sep 3, 2003
              Here's the definition from law.com: ( http://dictionary.law.com/ )

              writ of execution
              n. a court order to a sheriff to enforce a judgment by levying on real or
              personal property of a judgment debtor to obtain funds to satisfy the
              judgment amount (pay the winning plaintiff).
              See also: execution

              execution
              n. 1) the act of getting an officer of the court to take possession of the
              property of a losing party in a lawsuit (judgment debtor) on behalf of the
              winner (judgment creditor), sell it and use the proceeds to pay the
              judgment. The procedure is to take the judgment to the clerk of the court
              and have a writ of execution issued which is taken to the sheriff (or
              marshal, constable or other authorized official) with instructions on what
              property to execute upon. In the case of real property the official must
              first levy (place a lien on the title), and then execute upon it (seize
              it). However, the judgment debtor (loser in the lawsuit) may pay the
              judgment and costs before sale to redeem real estate. 2) carrying out a
              death sentence.

              --
              Richard Johnson richard@...
              Cuis custodiet ipsos custodes? Cui bono?
            • Patrick Packer
              What about personal property? Richard Johnson wrote:Here s the definition from law.com: ( http://dictionary.law.com/ ) writ of execution
              Message 6 of 11 , Sep 3, 2003
                What about personal property?

                Richard Johnson <richard@...> wrote:
                Here's the definition from law.com:  ( http://dictionary.law.com/ )

                writ of execution
                n. a court order to a sheriff to enforce a judgment by levying on real or
                personal property of a judgment debtor to obtain funds to satisfy the
                judgment amount (pay the winning plaintiff).
                See also: execution

                execution
                n. 1) the act of getting an officer of the court to take possession of the
                property of a losing party in a lawsuit (judgment debtor) on behalf of the
                winner (judgment creditor), sell it and use the proceeds to pay the
                judgment. The procedure is to take the judgment to the clerk of the court
                and have a writ of execution issued which is taken to the sheriff (or
                marshal, constable or other authorized official) with instructions on what
                property to execute upon. In the case of real property the official must
                first levy (place a lien on the title), and then execute upon it (seize
                it). However, the judgment debtor (loser in the lawsuit) may pay the
                judgment and costs before sale to redeem real estate. 2) carrying out a
                death sentence.

                --
                Richard Johnson                                          richard@...
                Cuis custodiet ipsos custodes?     Cui bono?



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              • John Wilde
                Royce, That is too general of a statement. In most states, not all, but most, if it is a Court not of record, the Clerk has virtually no power. Only the
                Message 7 of 11 , Sep 3, 2003
                  Royce,

                      That is too general of a statement.  In most states, not all, but most, if it is a Court not of record, the Clerk has virtually no power.  Only the judge, magistrate, hearing officer, what ever title he/she may hold has the power to initiate process.

                      Only in Courts of Record does the court act through its clerk in certain areas.

                  g'day
                  John Wilde

                  Royce Mitchell, Jr wrote:
                  The signature of the clerk constitutes signature of the judge in a default judgment. That is in the Rules.
                   
                  Respectfully,
                   
                  Royce
                  ----- Original Message -----
                  Sent: Tuesday, September 02, 2003 8:50 PM
                  Subject: Re: [tips_and_tricks] Court Clerk Signature

                  Show me anywhere in the constitution the clerks were given this power?

                  >
                  > From: "dpatrick119" <dpatrick119@...>
                  > Date: 2003/09/02 Tue PM 07:17:45 EDT
                  > To: tips_and_tricks@yahoogroups.com
                  > Subject: [tips_and_tricks] Court Clerk Signature
                  >
                  > Hey all,
                  > Is the signing of a WRIT OF EXECUTION by a court clerk proper
                  > procedure? If so or if not can someone tell me where I can find
                  > supporting informaiton? I am in Utah. Response greatly appreciated!
                  >
                  > Gung-Ho,
                  > Patrick
                  >
                  >
                  >
                  >
                  > To unsubscribe from this group, send an email to:
                  > tips_and_tricks-unsubscribe@yahoogroups.com
                  >

                  >
                  > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
                  >
                  >
                  >




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                • bowman7a
                  I myself would want to see an original and recorded signed Power Attorney document signed by the Judge giving the clerk the power, and then I would want to see
                  Message 8 of 11 , Sep 3, 2003
                    I myself would want to see an original and recorded signed Power
                    Attorney document signed by the Judge giving the clerk the power, and
                    then I would want to see an original and recorded surety bond that is
                    required to be on file with the State Treasure.
                  • Denise and Scott Harclerode
                    In Texas, a writ of garnishment is issued by the clerk of the court. Title 63 of the CPRC. -s
                    Message 9 of 11 , Sep 3, 2003

                      In Texas, a writ of garnishment is issued by the clerk of the court.  Title 63 of the CPRC.

                      -s

                       

                       

                    • John
                      This is a copy of Utah Civil Rule 69 - all the procedures you are refering to are found under Provisional and Final Remedies and Special Proceedings which are
                      Message 10 of 11 , Sep 5, 2003
                        This is a copy of Utah Civil Rule 69 - all the procedures you are
                        refering to are found under Provisional and Final Remedies and
                        Special Proceedings which are Utah Civil Rule 64A - 71B of the civil
                        rules. You can read the Civil Rules at
                        http://www.utcourts.gov/resources/rules/urcp/index.htm
                        Hope this helps..
                        John


                        Rule 69. Execution and proceedings supplemental thereto.

                        (a) Availability of writ of execution. A writ of execution is
                        available to a judgment creditor to satisfy a judgment or other order
                        requiring the delivery of property or the payment of money by a
                        judgment debtor.


                        (b) Property subject to execution. A writ of execution may be used to
                        levy upon all of the judgment debtor's personal property and real
                        property which is not exempt from execution under state or federal
                        law.


                        (c) Issuance of writ of execution. Unless otherwise ordered by the
                        court, a writ of execution may be issued at any time within eight
                        years following the entry of a judgment or order (except an execution
                        may be stayed pursuant to Rule 62), either in the county in which
                        such judgment was rendered, or in any county in which a transcript
                        thereof has been filed and docketed in the office of the clerk of the
                        district court. Notwithstanding the death of a party after judgment,
                        execution thereon may be issued, or such judgment may be enforced, as
                        follows:


                        (1) In case of the death of the judgment creditor, upon the
                        application of an authorized executor or administrator, or successor
                        in interest.


                        (2) In case of the death of the judgment debtor, if the judgment is
                        for the recovery of real or personal property or the enforcement of a
                        lien thereon.


                        (d) Contents of writ and to whom it may be directed. The writ of
                        execution shall be issued in the name of the State of Utah, and
                        subscribed by the clerk of the court. It shall be issued to the
                        sheriff or constable of any county in the state (and may be issued at
                        the same time to different counties) but where it requires the
                        delivery of possession or sale of real property, it shall be issued
                        to the sheriff of the county where the real property or some part
                        thereof is situated. If it requires delivery of possession or sale of
                        personal property, it may be issued to a constable. It must
                        intelligibly refer to the judgment, stating the court, the docket
                        number, the county where the same is entered or docketed, the names
                        of the parties, the judgment, and, if it is for the payment of money,
                        the amount thereof, and the amount actually due thereon. The writ may
                        be accompanied by a praecipe executed by the judgment creditor or the
                        judgment creditor's counsel generally or specifically describing the
                        real or personal property to be levied upon. It shall be directed to
                        the sheriff of the county in which it is to be executed in cases
                        involving real property, and shall require the officer to proceed in
                        accordance with the terms of the writ; provided that if such writ is
                        against the property of the judgment debtor generally it may direct
                        the sheriff or constable to satisfy the judgment, with interest, out
                        of the non-exempt personal property of the debtor, and if sufficient
                        non-exempt personal property cannot be found, then the sheriff shall
                        satisfy the judgment, with interest, out of the judgment debtor's non-
                        exempt real property.







                        --- In tips_and_tricks@yahoogroups.com, "Royce Mitchell, Jr"
                        <rmitchel@f...> wrote:
                        > The signature of the clerk constitutes signature of the judge in a
                        default judgment. That is in the Rules.
                        >
                        > Respectfully,
                        >
                        > Royce
                        > ----- Original Message -----
                        > From: shaffersys@c...
                        > To: tips_and_tricks@yahoogroups.com
                        > Sent: Tuesday, September 02, 2003 8:50 PM
                        > Subject: Re: [tips_and_tricks] Court Clerk Signature
                        >
                        >
                        > Show me anywhere in the constitution the clerks were given this
                        power?
                        >
                        > >
                        > > From: "dpatrick119" <dpatrick119@y...>
                        > > Date: 2003/09/02 Tue PM 07:17:45 EDT
                        > > To: tips_and_tricks@yahoogroups.com
                        > > Subject: [tips_and_tricks] Court Clerk Signature
                        > >
                        > > Hey all,
                        > > Is the signing of a WRIT OF EXECUTION by a court clerk proper
                        > > procedure? If so or if not can someone tell me where I can find
                        > > supporting informaiton? I am in Utah. Response greatly
                        appreciated!
                        > >
                        > > Gung-Ho,
                        > > Patrick
                        > >
                        > >
                        > >
                        > >
                        > > To unsubscribe from this group, send an email to:
                        > > tips_and_tricks-unsubscribe@yahoogroups.com
                        > >
                        > >
                        > >
                        > > Your use of Yahoo! Groups is subject to
                        http://docs.yahoo.com/info/terms/
                        > >
                        > >
                        > >
                        >
                        >
                        >
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