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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32559
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I have a business that has been operating for 5 years.. It

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I have a business that has been operating for 5 years.. It is a sporting competition and the backbone of it is the website which has the administration and operations - everything! The company itself does daily back ups...

I have just come from being away for the week to find out they have "closed down due to illness of the owner" and given everyone 2 days to get their files. This was 6 days ago and I've only just found out about it in the past 24 hours.

The business is in America. They are not responding to emails and all I have is a phone number that goes to a full message bank service, and a name of "Rick Long" in Houston, Texas.

I am curious to know what legal action I can take or at least use to my advantage to try and contact this person and get the information I need.
Submitted: 5 years ago.
Category: Business Law
Expert:  Dwayne B. replied 5 years ago.
I'm not sure I understand your facts. Your company uses an outside company to maintain your website, do back ups, etc. Is that correct?

Also, the company that has your website and all the is out of business. Correct? If so, is your website still up and operational?
Customer: replied 5 years ago.
The website was hosted by an American company. They hosted it on one server and backed it up on another.

On April 26th (while I was away on holiday) they refunded to PayPal my monthly $25 payment with a note stating that due to the owner's illness, the business was shutting down and everyone had 2 days to move their files and domains to another provider and that after April 28th everything would no longer be available. I returned on April 1st to find that my website was down and have been sending emails and ringing. It was only due to logging into PayPal that I noticed this refund and the note with it.

I have since finding this out moved the Domain to another hosting provider, so while the website address still works - I now have a message informing people what has happened (www.citysidesports.com)... But the actual website, and database along with contact details of all clients, phone numbers, address, emails, and game times of teams (its a sports competition business) are completely lost.
Expert:  Dwayne B. replied 5 years ago.
Probably the most efficient and prompt way to handle it is to hire a lawyer to file a lawsuit and request that the court order them to immediately turn over the info to you. It will be in the nature of an injunction and so it could be handled pretty quickly.

You can also contact the company that provided the server(s), if it was actually done by another company, and request a copy of the program and data.

The fastest way to get it done is to sue them in Houston and to emphasize to your lawyer how important speed is.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer: replied 5 years ago.
Is there any specific type of lawyer I should look up when deciding who to go to... As in how best do I find one that specialises in this sort of thing?
Expert:  Dwayne B. replied 5 years ago.
Look for one who does litigation or business law. You can find one at www.avvo.com. It actually is not terribly complicated, once you locate the company and the person who has to be served with the lawsuit.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

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