Babb v. Thompson
Plaintiff Mac Babb appeals from a judgment entered after the grant of summary judgment in favor of defendant Nina Lee Thompson on his complaint filed after Thompson rejected Babbs creditors claim against Thompsons deceased mothers estate. Babb was a judgment creditor to a South Carolina judgment against Thompsons mother, and sought to enforce that judgment against Thompsons deceased mothers estate. By assigning the judgment to Brenda R. Babb, however, Babb assigned all his interest in that judgment, including legal title. He therefore had no interest in the judgment, and because he was not a real party in interest, lacked standing to bring this action. Babb claimed to represent Brenda R. Babbs interest in enforcing the judgment, but because Babb is not licensed as an attorney in the State of California, he could not represent her. Finally, although defendant Thompson filed an untimely answer to Babbs complaint, her answer was filed with the court when Babb applied for entry of a default against Thompson. The Clerk is not authorized to enter a default where a defendants answer is on file, and the filing of a late answer did not preclude the grant of summary judgment in favor of Thompson. Court affirm the judgment.
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