The unique set of power bestowed to Clerk is rarely exercised..
Posted in the Banking Forum
#1 Aug 3, 2013
When the Defendants in A Fraud Civil Action Case chose not to respond despite The Clerk Stamped Notice, the Default Judgment is entered by the Court Clerk according to the Federal Rules of Civil Procedure - Rule 55. Default; Default Judgment:
Rule 55. Default; Default Judgment
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
This privilege and legal authority bestowed to the Court Clerk is rarely exercised in the past...But, it is about to change in coming days..I shall write A Letter to Clerk Michael Roemer requesting him to perform his duty in the Civil Action Case against John Donahoe of e-Bay!!!
There are no buts or ifs...It is the law!!!
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