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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90453
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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hi Paul. Sandy here again. New question... So, I put a feedback,

Resolved Question:

hi Paul. Sandy here again. New question...
So, I put a feedback, prefacing it first by saying "in my opinion"....this person is sleezy and won't ever use them again after buying online from a merchant in Florida. Within about a few hours, there was an ad posted on craiglist with my cell # XXXXX said I was giving away a free car and to call anytime day or night as I was leaving the country. I got calls until approx. 9pm -2:30 am as well as a ton of texts. Can I track the IP address legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question Sandy. Welcome back.

Unfortunately, yes, you need to file suit to then get a subpoena for the information on the IP address to pin this to them and be able to pursue them for damages for what would be harassment. This is a case of internet harassment and identity theft for posing as you online and providing your information. This is why they told you to get an attorney, but the issue is how much you want to pay to pursue them or whether you just want to let this issue die now that the ad has been removed.




Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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Customer: replied 1 year ago.

Makes sense. I assume since I stated "in my opinion", she cannot also go after me...?


 


Also, regardless, I do want to preserve the text's and phone messages in the event something else should occur. Since it is my data on my phone can I require ATT to preserve it?


 


As always thanks for your help.


Sandy-

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Simply putting "in my opinion" does not make you totally safe but it helps. Also, avoid name calling like "sleazy" and just say something like, "In my opinion I was ripped off by this person who sold me a substandard X and has poor customer service and refuses to honor and stand behind their products that they sell."

All of that is your opinion and then you support it with facts leading you to that opinion.

You need to save it on your phone, take photographs of the text messages and you can send a letter to ATT telling them to specifically "save and preserve all electronic data and texts from your phone as it is potential evidence in a case." However, then you have to eventually get a subpoena for the information and serve it on ATT before they will send it to you.
Customer: replied 1 year ago.

Thanks Paul.


I guess the part is, a bit of a "chicken and egg" issue...until I know for sure the individual with the IP address that did it, how would I know who to sue in order to get the supoena?


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You would sue "John Doe and/or Jane Doe and/or XYZ Company" which is a generic suit when you do not specifically know who did it. In the suit you alleged that through proper discovery and subpoenas their identity will be revealed. Then when you serve the subpoena and get the information you file an amended suit inserting the proper defendants.
Customer: replied 1 year ago.

Ah that makes sense. So it would be a bad idea to find it on my own using a tech source? It was noted that it is pretty easy to determine IP, (I am in Silicon Valley - so there are a lot of folks who I am sure can do this) but I don't want to do anything of course that would get me in trouble.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You can use a tech source if you have the skills to do so and do not violate any laws or if you know someone who has those skills to obtain the information legally.
Customer: replied 1 year ago.

Can I have a lawyer's office do it so they ensure no laws are broken, or would they need a supoena...back to square one.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you can use an attorney and sometimes they can obtain the information without a subpoena and sometimes they will have to use a subpoena, it all depends on a case by case basis.
Customer: replied 1 year ago.

Thank you. Very helpful. I think I will go that route. If I was going to have a tech person do it, what laws would they need to be aware of not to break.


And I think I know the answer to this question, I cannot hire you to do it - right?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You are correct, we are forbidden from representing anyone from this site.
Customer: replied 1 year ago.

Thanks. Can you answer related to laws.


 


Also, related to a prior question, just want to verify - loser pays in a lawsuit (Fl/CA) where there is no contract for instance defamation, libel, slander? What if arbitration?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Attorney's fees in these cases would be discretionary to the court, it is not statutory, which means the court can find the loser was frivolous in filing the suit or that they were willful and malicious in their conduct and as such should have to pay the attorney's fees and costs of the other party, but it is not mandatory. Same goes for arbitration. Absent that, each party pays their own legal fees and costs for this type of suit.
Customer: replied 1 year ago.

Oh, interesting. Thanks. If hypothetically a tech person were to do this, which laws do they have to be mindful of not to violate and how?

Expert:  Law Educator, Esq. replied 1 year ago.
They have to be mindful of the privacy and internet privacy laws and laws against computer hacking. If the information is out there to the public without them hacking into any person's system, then they can obtain it without violating any laws.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90453
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Makes complete sense. Thanks very much! As always you are very helpful.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. Do not forget to click on excellent service feedback.
Customer: replied 1 year ago.
Sorry one last?
What is the statute of limitations on libel, slander, defamation and on cyber bullying/harassment?
Customer: replied 1 year ago.

Already done!:)


 


But of course. I really wish I could hire you...kind of crazy system, you do good work, if someone is happy they should be able to hire you. It is nice you do it. Can you answer my last ? plz related to statute of limitations if any on libel, slander, defamation and also harassment/cyber bullying?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. The statute of limitations is 1 year from the date of the statement being made for libel/slander and 2 years on the harassment.

The reason we are not able to represent anyone or make personal referrals is that it allows us to give independent, unbiased information to customers without anyone thinking we are telling them information only because we want to solicit business for ourselves or our friends.
Customer: replied 1 year ago.

Regardless, you are really really helpful and very knowledgable. Best of luck, until my next question. Have a fabulous week.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. Best wishes.
Customer: replied 8 months ago.

hi there. new question.


I need to take someone to small claims in Raleigh North Carolina. It is something I purchased online a piece of furniture. Small claims. The amount of the damages $1800. Not worth flight and time from CA. Also, it looks like their small claims wouldn't cover "bait and switch" of an item or fraud telling me there is no damage and then chair coming with the dent. The person admitted it was not done during shipping. despite showing and selling me the un-dented one, she sent the dented one. I specifically asked her what was wrong and she said nothing usual wear and tear, scratches NO dent. So she knowingly lied and put one in that had the dent. Fraud? Not sure. Anyway, is there anyway to do the case with documents sent in advance telephonically, skype face time etc. I have her address so it shouldn't be too difficult to serve her. Getting paid a different story of course.


 


So 1. anyway I can sue her in CA since she has no store front, only a web presence and also I reside here as does pay pal and First Repbulic whom I transacted through. and 2. Can I do it by not being physically present, claim hardship and 3. Can I even sue for this as it looks like N. Carolina has only 3 areas for small claims and the closest one here is money owed, but from the form it looks more like loans defaulted. Would appreciate your thoughts.

Expert:  Law Educator, Esq. replied 8 months ago.
Hello Sandy. Welcome back and Happy New Year! I look forward to working with you to provide you the information you are seeking for educational purposes only.

If she is in CA, then for small claims to have personal jurisdiction over her, you have to sue her in CA small claims court. You have to be physically present in small claims court to sue anyone no matter what state. You need to sue in CA where she is located and seek your damages for misrepresentation and seek either a full refund or a discount in price for the item not being as described.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 8 months ago.

Hi Paul. Happy New Year. Thanks.


She is in NC (defendant) and I am in CA. So I have to go there? Can I have a representative on my behalf? Not worth it then to sue her there. Is there anyway at all since she has no physical store location to sue her in CA or be present by phone - fear of flying....I have a dr.'s note?

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your clarification, I thought you were both in CA.

Unfortunately, you would have to sue her in NC to get jurisdiction over her I am afraid. Small claims has very limited jurisdiction over parties and they have to reside in their jurisdiction. You could get an attorney in NC to sue her or use a lawyer in NC to sue her for you. If you prove intentional misrepresentation, the court has discretion to award you attorney's fees
Customer: replied 8 months ago.

Thanks as always. Good night.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you.

Please do not forget to leave positive feedback if you have not done so already.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90453
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 7 other Legal Specialists are ready to help you

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