Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
I'm being sued
they sent me an email, with a settlement agreement
they got my ip address from my cable provider, they subpoena them
if you in fact made the download then it is essentially a negotiation right now, to settle for some agreed upon amount
usually these cases settle for a lot less than the initial demand, so based on their initial demand, you can make a counter offer that is substantially lower...and go from there
okay, they sent over a settlement agreement for $2565
so I can send them back a counter offer response for $1500?
yes, or even less I would recommend
you can always get rejected and go higher
okay, so typically lawyers would do this, not the actual accused, so how much does a case like this usually run if one were to get a lawyer?
well you can do it yourself, handle the negotiation/settlement....it could be very simple, just a little back and forth on price. there's no way to estimate legal fees because it depends on the lawyer's rate, how much work is done etc....but this is just a negotiation at this point, its not a "case"
if you want the attorney to write letters and do some research (in order to fight the whole thing or to really try to get the amount down) or file a motion to squash the subpoena etc then that's another thing, but just negotiation will not be much time/cost
but in such a case when the amount is not too high, it would probably just increase your cost to hire a lawyer if your plan is to just settle
right, i was trying to weigh those options
if I could negotiate myself then i guess i could save money in that regard
yes, but if it goes beyond that then definitely consult with a lawyer
one last thing, how can I make sure this isn't some kind of scam, is there a way to check the legitimacy of a subpoena or settlement agreement
well that's where you would want an attorney because there's no easy well to tell you how to check on your own
but you should have a copy of the subpoena, which should be signed by the Judge
so check that to make sure they have an issued subpoena and that its not just a draft
but that doesn't really matter at this point...a subpoena is just to get your info in order to identify you in a lawsuit potnetially
the settlement agreement should release all claims against you
and by settling, does this information go on record?
so you will want to read it over or have an attorney do so
no there is no record other that the agreement between you two
its just a contract between two parties
of course if they file a lawsuit then there will be some record of that
right, but by settling I am avoiding court and thus a record
okay this has been helpful
sure, best of luck
don't forget to click ACCEPT...thanks