Q: Please , I need to know if I still have an option about my case / I have had a case of judgment FL with Ca court in 2003
the Ca court entered an unlawfull default against me , because i have answered as a defendant before the court at the first time , and i filed many correspondances with Court before the entry of judgment , clerk has blocked all my responses to court , and Clerk imposed me to pay the court fees even as a defen dant and did not accept the judgment for serious reasons as i was a victim of human trafficking , physical and moral tortures , and i was liberated and i left USA returned to my country Algerie , don t consfuse with Nigeria .
2- While the court laws and rules required my appearance in person but the US Consular officer has opposed and he affirmed me that I am not concerned by the system of justice in USA for reason of my race and origin even as a defendant .
Conclusion : I need help to know who is the responsible ? and where to file a claim as the US Consul is immune from being sued , and the Clerk of Ca court can block my claims , the court has violated its own laws ?
A:
If you believe you were wrongfully defaulted in a California court, you have the right to challenge the judgment, although the passage of time can complicate matters. Generally, defendants can motion to set aside a default judgment based on various grounds, including mistake, inadvertence, surprise, or excusable neglect. Discrimination based on race or origin is a violation of equal protection under U.S. law, and you have rights regardless of your country of origin. While U.S. consular officers have significant discretion, their statements, if accurately portrayed, are concerning. The immunity of consular officers does limit some legal actions against them directly. However, challenging the default judgment in California would typically start with filing a motion in the same court that entered the judgment.
Given the complexity and potential international implications, I recommend consulting with an attorney who has experience in civil procedure and international law. This will help you best understand your options and potential remedies
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