Q: What happens if a commissioner issues a judgement in a case that I did not stipulate for a commissioner?
I was recently sued in small claims court. The case went on for almost ten months and we went through three different judges. Or I thought they were judges… I just learned that the individual who issued the judgement is not a judge and she is a commissioner. I did not stipulate for a commissioner. I am still within the thirty days after the judgement was issued and I already plan to appeal it. How does this change anything? The courts are fully aware I did not stipulate and my court date was changed more than once due to the fact that I did not stipulate. Does this make the judgement void? Please help.
A:
If a commissioner issues a judgment in a case where you did not stipulate for a commissioner, it is possible that the judgment may be invalid. However, this would depend on the specific circumstances of the case and the applicable laws and regulations in your jurisdiction.
In some cases, parties may be required to stipulate to a commissioner in order for the commissioner to have the authority to issue a binding judgment. If you did not stipulate to a commissioner, it is possible that the commissioner did not have the authority to issue a binding judgment in your case.
If you are within the thirty-day period for filing an appeal, you may wish to consider appealing the judgment on the grounds that it was issued by a commissioner without proper authority. You may also want to consult with a legal professional who can review the specifics of your case and advise you on the best course of action.
Ultimately, whether or not the judgment is void would depend on the specific circumstances of your case and the applicable laws and regulations in your jurisdiction. It is important to seek legal advice and carefully consider your options before taking any further action in this matter.
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