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Anne_C
Anne_C, Attorney
Category: Business Law
Satisfied Customers: 2302
Experience:  Business litigator, 15 years' experience
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I have received a judgement against a company for the amount

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I have received a judgement against a company for the amount of 4500. The company is out of cash and the business is entirely it's own entity (i.e., an LLC so the individual running it is not liable for their bills as I understand it). The company was an online company and the web address as well as assets of the site itself (content, photography, design, etc.) have never been sold. I estimate the value of these assets to be about 3500 based on estimates from online sources such as websiteoutlook.com and the like. How do I send the sheriff to collect a web domain name and assets? (My judgement is in the state of TX and you are able to file to collect through the sheriff's office after a set amount of time. This time has passed.) Any insight or further reading would be great. I am willing to retain a lawyer to collect.
-Could you explain your situation a little more?
Customer: replied 7 years ago.
Sure. The business was a "start-up" and I was brought in to run Marketing as their Chief Marketing Officer. Part of my agreement in writing was that I would communte from my home in PA until a second round of funding occurred. I took on those costs through my own credit cards. The total was 12K. The additional funding did not materialize.

I dropped items such as the business equipment and retained ownership of them then filed suit in Travis County Small Claims for just under 10K. After many delays and rescheduled hearings, the company's CEO who was listed as the point of contact for the summons, etc. didn't show up for the hearing. The judge issued a judgement in my favor (for way less then the amont btw, but apparently standard in TX small claims).

He ran the business from his home, removing all computers, equipment etc. from the offices so they could not be confiscated. He owed about 100K to various businesses but only myself and the marketing manager went through the court process to collect. He never declared bankruptcy. He was funded in part by other companies but all relinquished claims to the business with the exception of Austin based company who owned a portion of the company in exchange for an early investment.

Currently the site and its assets reside on servers rented from Google and have monetary value as we successfully gained traffic and PR exposure through out marketing efforts. I am interested in collecting the ownership of the URL and the parts of the website such as photography and content that make up the pages of the site.

My intention would be to run the site myself on my servers to regain the monies lost to the company.

Please ask any more specific information you may need to answer this question. Thanks. H
I am not in Texas so I will opt out and a colleague may take over and use the information provided to better respond.

Dear xxx:

 

Since the first expert assisting you has asked for a different perspective, I will be assisting you.

 

I believe what you will want to do is obtain the domain name from ICANN, the Internet Corporation for Assigned Names and Numbers. They control all internet names, worldwide.

 

Here is a link to their Uniform Domain-Name Dispute-Resolution Policy page http://www.icann.org/en/udrp/udrp.htm. You will probably need to contact ICANN and find out what procedures they want you to follow for you to execute on your lien/writ; I don't believe your exact situation is outlined in their procedures.

 

As far as obtaining the actual html or other coding for the website, there is a good possibility that the LLC doesn't actually own it; check the bottom of the website and see if someone owns the coding. That's not the same as the LLC owning the copyright. In order to obtain the copyright, you'll need a court order assigning that to you. That is equitable relief that a small claims court cannot order.

 

Good luck.



Edited by Rebecca_Admin on 5/2/2010 at 2:58 AM EST
Anne_C, Attorney
Category: Business Law
Satisfied Customers: 2302
Experience: Business litigator, 15 years' experience
Anne_C and 9 other Business Law Specialists are ready to help you
Customer: replied 7 years ago.

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