Intellectual Property Law

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I am sorry I didnt mean to accept yet. Would also pertain…

I am sorry I didn't...
I am sorry I didn't mean to accept yet. Would also pertain to Federal Civil lawsuits? Also, I just checked the court docket and the law firm has not filed the default judgement yet. They were supposed to yesterday.
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Answered in 8 minutes by:
9/9/2010
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 126,844
Experience: Attorney practicing all aspects of copyright/trademark law
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If they were supposed to file yesterday it may not have yet been updated or they may be taking their time to file it. It also pertains to federal suits which is what I was answering based upon. At this point you will need a local attorney in NY to try to resolve this matter if you cannot get the bankruptcy approved.

Also, you can continue to use reply in a question even after you have clicked accept and you can continue on in the same thread.
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Customer reply replied 7 years ago
So, do you think I should just call the attorney's office?
Chances are the attorney will not talk to you, but you can try. If they do not you are going to finally have to get your own attorney to try to resolve this.
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Customer reply replied 7 years ago

The last letter I got from the attorney a few weeks ago said to contact them if I want to discuss settlement of this lawsuit? Not sure what he means. also where is the new rule for the IRS from 2010 you were talking about?

 

I had to call them while dealing with you because I wasn't finding it online. Also, if the letter tells you to call them, then you should call to try to work on the matter to see if you could resolve it with them.
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Customer reply replied 7 years ago
When you called what did they say?? I really appreciate your help..
All they said was that as of Jan 1, 2010 they are not exercising on civil judgments and when I asked them were the rule was they told me it was not online. You know the IRS is not the most helpful of entities.
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Customer reply replied 7 years ago
Okay I cannot afford and attorney as I shut my business down due to all of this goingn on. I didn't want any trouble. So I have no income to pay an attorney. So once they get their default judgement do they still go to pretrial conference in May 2011? and at what point can they garnish a bank account?
Once they get the default the case is over and the only other proceedings would be to seek to obtain payment. They would have to file a motion with the court to get wages/bank accounts/other property and the court has to issue an order.
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Customer reply replied 7 years ago

I was asking only because they have pre trial conference set for October and finalized in May?? Why would they have that?

I don't know unless it was set before the default was obtained and if it was set before they obtained default judgment then those dates are cancelled. You do need to call the other attorney and negotiate with them.
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Customer reply replied 7 years ago

this was set before the judgement. So, if I have a joint checking account with my husband can I close that account and him get an account in his name only? As his payroll check goes into that account and if they freeze the account then we can't pay any of our bills. How long until they freeze an account?

If you close that account now they can trace the proceeds to the new account with your husband's name and would seek to recover it under the Fraudulent Transfer Act as I said in my first response. You can open a new account with only his name and move his direct deposit to that account. It can take them several months or more to freeze the account it depends on the attorney. You need to call them and negotiate something.
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Customer reply replied 7 years ago
Are you saying he can open a new account in his own name for his direct deposit?
Yes, he can open a new account in his name for the direct deposit.
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Customer reply replied 7 years ago
Yes but then your saying they will take his money? I am confused
No, I said you cannot close out the joint account and put the money from there into an account in his name only. He can open a new account in addition to the joint account and direct deposit his check into that account.
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Customer reply replied 7 years ago
Ok well I did talk to the lawyer at the law firm and since I don't have records they said the settlement in this case is going to be large since I cannot prove how many items I sold. He stated he will contact the infringed upon party and see what they say but the monetary amount will be very large. Maybe I shouldn't have called them??? I am really scared now.
You had no choice but to call them, you have gotten to this point because you buried your head in the sand in the beginning. You need to do whatever you can now to try to compile records of what you sold through your bank account records or computer records, whatever way you can, or they are not going to negotiate with you very much.
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Customer reply replied 7 years ago
I do not have any records as I told him since I do all of income by cost method. There is no way to tell what was there items opposed to all of the items I sold. All my records show is the amounts of money but that is for all of the items I sold. The copyright items were just a small part of my total sales. He just called back and said the company will settle for 25,000 but I told him I don't have that kind of money so he said they will move forward to enforce a judgement for 1 million dollars and he said seize my property and every asset I have
You are going to have to try to make some type of estimate of the sales of the copyrighted items if you have any hope of getting any better of a deal. If you could put together $15,000 I am sure they would take that as a lump sum offer of settlement, but they are not going to go down much further unless you put some records together. Of course if you cannot get any money together at all you are going to have a problem because they will enforce the judgment as he has told you. You have to do something to help yourself, sitting back and saying you cannot do something or doing nothing has gotten you nowhere, so now you have to sit down and use your brain power and come up with some estimate of your sales of the copyrighted items.
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Customer reply replied 7 years ago
He does not want an estimate. He wants proof on paper. I do not have that. And since I cannot even pay my bills how am I supposed to give him any money. I was told they can lien my property but they CANNOT seize it as the bank owns it. Is this wrong?
It is wrong, they can seize property that is not exempted. This means items like your house are protected only up to $7500 of your equity, your car is protected only up to $1200, pensions are protected, etc. See: http://www.illinoisbankruptcy.com/exemptions.html and yes I know it says bankruptcy but the same seizure rules and exemptions apply for judgments.
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Customer reply replied 7 years ago
I did read the rules and also the exemption rules for Illinois. We do not have any equity in our home as we have 2 mortgages on the house and value is very low.
So they could try to seize it and when they find nothing there they would not be able to do so. He is telling you what he is going to try to do, of course he does not know your financial situation or your assets. Again, I still think you need to look at the bankruptcy option as I cannot find the code you are referring to as no liens have been filed so Section 522f of the bankruptcy code would not apply, it is just a judgment at this point and a bankruptcy court has the discretion to extinguish judgments against you.
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Customer reply replied 7 years ago

Ok here is what the code is:

Defendants be prohibited from discharge under 11 U.S.C 727 for malicious, willful and fraudulent injury.

They have to prove what you did was "willful, malicious and fraudulent" that is a high burden and the fact you stopped immediately and even took the site down takes away their willful and malicious and fraudulent claim and that is for a bankruptcy court to determine and it should not deter you from filing to get this judgment extinguished.
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Customer reply replied 7 years ago
Were you able to read the article? Do I wait until the judgement is entered as I would need the paperwork to see a bankruptcy attorney. I think they will lie as the lawsuit stated when I got it that I was willful, malicious and fraudulent cause I didn't answer the cease and desist letter.
You answered their cease and desist by abiding by it as you said. I read the code and it would be up to the banktuptcy judge to determine whether or not this really was willful etc. and I don't see it was and I am sure your bankruptcy attorney can prove it wasn't
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Customer reply replied 7 years ago

Yes but I didn't answer by mail like they wanted. I have to wait until I get the judgement papers right to be able to take it to the bankruptcy attorney?

No, you do not need to wait on the papers to go to bankruptcy attorney. Gather all of your debts and asset information along with the letter from the attorney and get started. As far as not responding in writing that doesn't make your violation willful etc.
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Customer reply replied 7 years ago
Sorry I got disconnected..I was told to get a quit claim deed which is cheap to do and then they cannot touch the property?
Again, whoever told you that is ignoring the Fraudulent Transfer Act, which I explained above. If you transfer anything to avoid judgment they can get it reclaimed as a Fraudulent Transfer under the Act.
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 126,844
Experience: Attorney practicing all aspects of copyright/trademark law
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