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I received a subpoena for copyright infringement and i am…

I received a subpoena...

I received a subpoena for copyright infringement and i am being asked to produce some documents to the court, but i have nothing to produce because i only downloaded it just to watch it. do i need a lawyer for thisw?

Lawyer's Assistant: Do you have a registration record?

Of what?

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No nothing yet , i've been calling some law office but i'm unsuccesful

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The objection deadline is on Oct. 9 10AM

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Answered in 5 minutes by:
10/5/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. What specifically does the subpoena tell you to produce?

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Customer reply replied 9 months ago
like all materials that i have with regards ***** ***** movie, but i only downloaded it and watched it, so i got nothing. I think i'm being asked to just do the objection to reveal my identity to the plaintiff

I tried to accept your phone call request, but there was a payment failure. We can continue here.

Did you receive this subpoena as a party or a non-party?

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Customer reply replied 9 months ago
well just the IP address et al

So you received the subpoena in an email or via mail?

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Customer reply replied 9 months ago
mail

They can always subpoena your internet service provider for your actual information if the lawsuit has already been filed. They know your address after all...

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Customer reply replied 9 months ago
what should i do?

I would first object as to the scope of the statement, as it's ambiguous. But then respond (without waiving said objection). The response would be "To the best of my knowledge, I have no materials with regards ***** ***** movie".

So it would be "Defendant objects to this request for production, as it's overly broad, ambiguous, unduly burdensome and oppressive. Plaintiff's request was not described with reasonable particularity. Furthermore, requires defendant to produce documents not now in existence or perhaps never in existence, in the control of defendant. Defendant objects to this discovery request because it calls for the plaintiff to produce documents and/or information which are not currently within the possession, custody, or control of plaintiff. Without waiving said objections, defendant is unaware of any such documents in his possession."

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Customer reply replied 9 months ago
should i go to that designated objection place, do i need a lawyer ?

What designated objection place? Understand that I don't know what your specific subpoena says (each court has different subpoena rules and procedures)

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Customer reply replied 9 months ago
it says i should bring the materials or documents or object the subpoena on Oct. 9 in law office of deMatteo

You can return the objection via mail / fax / or other form of communication. You do not have to physically be there.

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Customer reply replied 9 months ago
You mean i will just make a letter and tell them i don't have anything in my possesion and just explain it was only done for personal viewing?

Don't even say that it was done for personal viewing. That's admission. Just say you are not in possession of any documents on your computer or related to this.

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Customer reply replied 9 months ago
that's it and leave it like that?

That's what I would do. He'd have the burden of being more precise as to what he's looking for (again, make sure that you object the way that I said above).

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Customer reply replied 9 months ago
what if i just admit it and beg for consideration or amicable settlement. Does it work that way?

I still wouldn't admit it. If you admit it, they can take that to court and seek a summary judgment. Cheaper for them (and therefore less likely that they'd agree to a settlement). Rather, you can go to them and ask if they'd consider a settlement. Don't say that you did it. Always couch it in "if" language.

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Customer reply replied 9 months ago
well to be honest with you iwas sort of desperate the other day since i got nobody to consult with, i emailed that lawyer and i admit it and i was asking to settle this amicably. I was stupid, was I?
Customer reply replied 9 months ago
But i didn't any response. so if i send the letter, what should i say?
Customer reply replied 9 months ago
get

Yes. But what's done is done. Now you can certainly try to settle as low as possible, saying that you can't afford more otherwise you're going to have to file bankruptcy (as that would discharge any such debt). But of course you have to respond to the subpoena first.

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Customer reply replied 9 months ago
ok so that's my final move, i will sent a letter and beg for liniency and amicable settlement and then i will just wait for their their response?

That's what I'd do, without admitting to anything now.

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ScottyMacEsq
ScottyMacEsq, Attorney
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Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 9 months ago
ok thank thank you very much.

You're welcome, and again, good luck to you!

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