Case Laws Clerks Must Abide By

//Case Laws Clerks Must Abide By

Case Laws Clerks Must Abide By

We interact with clerks often during our filings. The clerk is there for YOU. Think of the clerk as your “best friend” when you have paperwork to file. The clerk is a public servant. There are laws they must follow and there are case laws you can use to your advantage. 

 

Case Laws Clerks Must Abide By

USC 18 §2076 – Clerk is to file: Whoever, being a clerk willfully refuses or neglects to make or forward any report, certificate, statement, or document as required by law, shall be fined under this title or imprisoned not more than one year, or both.

USC 18 §2071 – Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, documents filed or deposited with any clerk or officer of any court, shall be fined or imprisoned not more than three years, or both.

18 USC §1512 (b)  – Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to – (1) influence, delay, or prevent … an official proceeding; (2) cause or induce any person to – (a) withhold … a document, or other object, from an official proceeding; (b) alter, destroy, mutilate, or conceal an official proceeding; … shall be fined under this title or imprisoned not more than 20 years, or both.

 

If the clerk is ever rude, record the encounter from the start and make sure to get her/his name from the beginning, before you get into a conversation with them to avoid asking for their name later once they’ve been rude with you (they may not give it then). 

 

By |2019-03-02T23:40:38-05:00March 2nd, 2019|Blog|1 Comment

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One Comment

  1. Kenricl March 14, 2019 at 5:26 pm - Reply

    Peace. Question? Do you have a example of filling out an SF1414, sf1416 ,SF1418, sf30 on a traffic ticket or case.. ? Idk if the case number goes where the contract number box 1 and 10a on form SF30 and SF1416 contract box number and SF1418 contract?? Where would the.case number go.on all of these form??

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