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Judgement Proof : Lawsuits : Copyright Infringement?

By Networking Security Posted in: security job

because i allowed people to upload using a torrent program my phone company was served with a subpoena. i called the phone company to see whats up and they patch me over to who it involves. i talk to them and they said they’ll settle for $2500 but if it goes to court they can get like $15k to $150k. he send me a letter in the mail on what i can do to settle. he calls me back i say i don’t have it. he says i have 3 more days to call him back to see if i can come up with the money. i don’t call him back, a week after the day i was suppose to call him, he calls me up and tells me to let him know if i can get the money or call relatives to get it because he doesn’t want us to have to go to court in which he can get a lot more. i think he’s still trying to see if he can get $2500 without having to go to court.
I have no job and the name on the internet account is my mom’s. She gets a 401k and Social Security Disability which i hear is considered JUDGEMENT PROOF. Is there anyway he can collect any form of cash rather it be financial like from her bank which contains her SS Disability money or physical money like a car. we have 3 vehicles, 1 my mom uses, one my nephew uses, and the other one is just sitting in our yard with no insurance so it doesn’t go anywhere. keep in mind, we haven’t been given a summons/subpoena, only her phone company. also as of 1997 rather ur downloading it and selling it or not selling it, i guess because it’s being shared with other people on the torrent program, it’s still considered Copyrighting. if they can’t collect financially in any shape or form, are there still any legal ramifications. can they still collect. i also read that as long as the lawsuit remains open (renewed) and if we win the lottery or if i get a job that pays enough they can collect then, but if i don’t get a job and if we don’t win the lottery, is there anyway for them to collect. i think he also said that just because she gets SS Disability that doesn’t prevent us from judgement, does that mean that doesn’t prevent him from collecting or does that mean it doesn’t prevent us from being taken to court. should we wait until we get a summons/served with a subpoena, also someone told me that if he keeps calling i should sue. if he only calls once a week can i still sue. if i can, if he calls back and i tell him that if he keeps calling we’ll sue, would that just make matters worse or will that make him just drop the case in order to prevent us from making a counter suit against him. will the lawsuit ruin my mom financially in any way, like cause her credit to become bad. The guy said that this is a civil matter. also is copyright infringement, debt collectors, and creditors financially pretty much the same since they are all trying to collect money. in other words, can a copyright infringement lawsuit collect JUDGEMENT PROOF money whereas debt collectors and creditors can’t. basically what i’m trying to say is are Copyright Infringement Lawsuits above the law when it comes to collecting JUDGEMENT PROOF money or is JUDGEMENT PROOF still JUDGEMENT PROOF regardless of rather they are sueing for Copyright Infringement or if they are Debt Collectors or Creditors.
PLEASE ANSWER ALL MY QUESTIONS. as u read, just answer the questions one at a time.
i’ve seen http://probonolawyers.org/?state=NC, but do/can pro bono lawyers and legal aids work on Copyright Infringement cases or only other lower cases like small lawsuits or will we have to get a paid lawyer, in which case we don’t have that kind of money. Oh and also i live in North Carolina, which u can tell from the link i gave u.

  1. Tim Says

    Social security benefits are not subject to potential garnishing, but there are a couple of things you have not said.
    First, how old are you? That could come in to play because if you are under 18, your mom will still be responsible for any judgment against you.
    Also, generally speaking, they will not be able to take your mothers house or garnish her SS benefits, but they can still put a lien on her house. That means that if she ever tries to sell it, they will essentially be able to take their money out of the sale price. That could be problematic if she needs to sell the house for health reasons down the road, and then end up taking 90% of it’s value. Many people rely on their home’s equity in order to pay for their retirement. Also, a negative judgement against you counts on your credit report. That means your mother can expect to pay much higher interest rates on credit cards, car loans, and even a mortgage if she ever refinances.
    Next if you are over 18, they can garnish all of your future wages, which means you will have less to live on.
    Legal aid is only available in criminal cases. The court will not provide a lawyer to you for civil copyright cases. You can expect to pay $300-$600 per hour for your attorney fees, and if the case goes to court you might have to pay for hundreds of hours of work.
    Also, keep in mind that if it goes to court, you will have to pay for all of the plaintiffs attorney fees if you lose. That can be at least as much or more than the amount they are asking for.
    In this case, you have already admitted guilt, so you really don’t have much of a defense. If they offer you a settlement agreement, hire an attorney to look it over, and pay it. You can also discuss working out a payment plan if you can’t get it all paid at once.

  2. bcnu Says

    Wait. If you didn’t do the illegal upload then you’re not liable. End of story. You simply turn over the names and addresses of the people who used your phone illegally and agree to testify and you should be in the clear. Good luck.

  3. Pat Says

    No one is judgment proof.
    A judgment is a court verdict that a defendant owes money to a plaintiff.
    The defendant can be execution-proof, IF he manages to hide all of his assets in other people’s names.

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