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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience:  Began practicing law in 1992
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I received a sopena from my internet provider WOW from Voltage

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I received a sopena from my internet provider WOW from Voltage Pictures LLC for downloading a movie that I did not download. They are requesting my Identity from the internet provider. I want this quashed. At the time of the this supposed download I was installing a router into a new computer and had not put in security features at the time. I think someone may have piggy-backed off of my wi-fi. These folks are based in California. I am not one to have someone coming in and messing with my computer. I do all my finances on my computer and do not want that comprimised. I am really starting to hate the internet. Just when you think you are secure you are not. How and where do I go to get this Sopena quashed? I am pretty upset by this.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 : Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.
Customer: excellent, I am stressed to the max
JD 1992 : You have to file a Motion to Quash Subpoena in either the court from which it was issued or the local court. I assume it is a federal subpoena and, if so, you would file the motion to quash in the local federal court.
JD 1992 : You will want to seriously consider hiring a lawyer to do it because courts don't like to quash subpoeanas.
Customer: its from the united states district court
JD 1992 : But in these type of cases they are more inclined to do so because the scuzzy lawyers are just fishing for someone to sue.
JD 1992 : That's federal court.
Customer: voltage pictures
Customer: is the plantiff
JD 1992 : It is really a law firm driving this. They get information in one lawsuit and then convince another company to pursue a case.
JD 1992 : They are called "trolls".
Customer: the thing is I have never downloaded the movie
JD 1992 : This is pretty common.
Customer: TROLLS?
JD 1992 : Yes, they "troll" for new clients and new lawsuits.
Customer: joy
Customer: these folks, plantiff are based out of california
JD 1992 : There are a bunch of them on the west coast and a bunch on the east coast.
Customer: They want my ip identity
JD 1992 : They usually file in LA, San Franciso, and Washington DC
JD 1992 : The lawyer can probably get it quashed.
Customer: which they are not going to get, especially for something I not do
Customer: any recomendations for a lawyer (type) and what possible fees to expect(guess)?
JD 1992 : No, we can;t give referrals just look for one who advertises they practice in federal court. The fees vary widely by area, anywhere from $500 up, depending on whether they have a number of them they are handling, if they are in court that day anyway, etc.
JD 1992 : It's worth the investment because if they get the info they are going to sue you and you are going to have to spend several thousand either paying them or fighting it.
Customer: I am a responsible person on the internet and taken every secure measure possible from hackers. still they are a smart group and can cause general mayhem.
JD 1992 : They can, plus I'm not confident that the info on which IP downloaded the material is accurate.
Customer: the price of information, I suppose. So I need to get an lawyer that can handle federal cases?
Customer: to quash the sopenea that is
JD 1992 : Correct. There will be a lot of them in the town where the court is located. It's not a bog deal, all the lawyer has to do is fill out an application and they are automatically admitted to federal court.
Customer: how long does it take to hear back if the sopena is quashed?
JD 1992 : Usually the lawyer can get a hearing pretty quickly and the judge will tell them at the hearing whether it is quashed or not.
Customer: do I appear for that?
Customer: in court that is
JD 1992 : You can but usually it can be handled without the client there. It really depends on that particular judge's preferences.
Customer: either way is cool
JD 1992 : Some prefer a client to be there and some do not. The lawyer will let you know what is best with your judge.
Customer: I feel like defending myself for someone elses error and I have no way of proving that my IP was not used especially by a leacher.
JD 1992 : You are. It is a glitch in the legal system but it isn;t likely to go away.
Customer: there is no way to find out if someone has accessed my PC unless its virus related.
JD 1992 : No, they aren't actually accessing your PC they are intercepting the WIFI signal coming out of the router. Entirely different.
Customer: oh man if thats the case anyone can use my wifi, great, just, great, can you recommend a good security program for blasting hackers?
Customer: So they are looking for a fall guy so to say
JD 1992 : No, you may want to post another question in the computer section but I know that if you just enable security and use a very long password XXXXX is a combination of letters, numbers and symbols then they aren';t likely to access it again. Too much trouble when there are other sources available.
Customer: excellent note, well I wont take up more of your time. Now I must hunt for the quash lawyer. You have been very helpful and I appreciate it. now my blood pressure is down. One last opinion. If these movie companys are so hellbent on destroying downloaders, why don't they concentrate on the folks that are uploading, cut it off at source so to say.
JD 1992 : I don't know the answer to that one, interesting though. I've never thought of it.
JD 1992 : It seems like they could do that.
JD 1992 : And they may, I don't know. I've only heard of them going after the downloaders.
Customer: Again, thanks for all the info, you were extremely helpful.
Customer: have an excellent day
JD 1992 : You're very welcome and best wishes to you.
JD 1992 : Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27091
Experience: Began practicing law in 1992
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