A legal point everyone should be aware of.
 

Unless a legal document is sent to you by certified mail or some other form where you are signing for it, or you are legally served official court documents by either a sheriff or a server service, it is a letter and nothing more.

They can not walk into a courtroom down the road and say we served this notice on this individual by regular mail. It just doesn't work that way.

They have to have proof of receipt. Without that it is mute for evidentiary purposes.

these glossy c'net papers are exceptionally scary though.

hahah

Very true...write not at this address and wipe your ass with it and return to sender :glugglug

exactly. As of yet Acacia has nothing, until an official certified letter has been sent to you.

Check your state laws everyone. This is not always the case. A sworm affadavit signed by a 3rd party or ussually a clerk stating that the letter was indeed mailed to the address listed is often legal grounds for proof of delivery, even if it was not certified.

Hey there KRL =)

One of my girls just called me and funny thing is, she works for me....doesn't even OWN a domain, nice research dept they have there. She has only ever bought content from ONE provider which I am sure is how they are getting our information.

It also amazes me how many people post here that they can't afford to have an attorney handle things.

What the fuck.

If you can't afford an attorney, DO NOT go into business, especially the adult entertainment business.

Most of you are young in here. Trust me on this, I guarantee you will need attorneys in the course of your business careers, because it is virtually impossible to run a business and never get sued by somebody or have a situation arise where you have to sue somebody.

Attorneys are expensive. Some of the ones I use charge $395 an hour, but its worth every penny in the long run because your legal matters will have the greatest chance of going in your favor if you employ top professionals who know all the strategies and maneuvers to crush opponents in a court room.

Find a way if you have to beg, borrow or steal, but make sure you have an attorney always.

Good point KRL. One everyone should take notice of

Hey sexy! Are you on ICQ right now?

:1orglaugh :1orglaugh :1orglaugh Yeh tell that to the judge. My attorneys would tear that a new asshole.

still have your pic as background! :glugglug

Shannon rocks! :Graucho

I threw my Acacia Media technology letter away. :1orglaugh

Just a state by state rule man. Every attorney must play by a given states rules. Not saying these letters themselves have any real grounds aside from a quick scare and warning shot. Just saying check your own states laws on the matter is all.

If people can't afford a lawyer, what are they going to do when the Justice Department comes knocking?

Acacia can't put you in jail.

thats some funny stuff lol

State laws don't enter into the picture in federal civil cases. That's covered entirely within Federal Rules of Civil Procedure. http://www.law.cornell.edu/rules/frcp/#chapter_ii

Willing to admit if I am wrong, forgot about it being federal civil procedure which has its own set of rules that are even different that state by state ones.

Question http://www.law.cornell.edu/rules/frcp/Rule5.htm What am I missing, I do not see the word certified letter anywhere, please point me to it.

I agree with you. your original information regarding proof of service is a good general starting point, additionally some courts have their onique flavor and requirements.

The Clerks office for each court will also provide you the information for their court.

http://netexcitement.com/shannon.jpg

yeap,she does :)

awww I see you're still a sweetheart!!

*MwaH* thank you!!

I am on ICQ right now, but heading out to the bank...I'll call you.

hehe
indeed dude
our lawyer charges 570? per hour.
he is the best fucking law dude in a range of 450km.

my family is currenlty in some heavy inheritance fight.
were fighting for more than 3 years now...
his fees should be up to 300.000? up to now
but he is fucking worth every penny... and he agreed to get nothing (and refund everything we paid up to now) if we should lose

a top notch lawyer can save your ass big time and get you what you deserve
being a cheap pussy is not the way to go...

That's because two of you are wrong in this thread. :)

Rule 5 (b) (2) (B) Mailing a copy to the last known address of the person served. Service by mail is complete on mailing.

That means, as soon as it hits the mail box at their end, you're considered to have been served. It's written that way because otherwise it would be easy to avoid service by simply refusing delivery of it.

Whyfor you not answer ICQ anymore? You don't love me or something? :(

A lawyers advice on this should be added to this thread.

I know in California.. regarding a case I was in .. a processor server had to deliver it.

Sorry dude you are so wrong. In florida a hearing notice by regular old US mail is fine. When the hearing starts if the respondant is not there, the judge asks the attorney if the respondent was given notice. the attorney answers and the judge does not ask for proof of it. Been there done that MANY MANY times.

No better advice was ever given on GFY than this.

A lawyers advice on this should be added to this thread. GFY is not a place for legal advice.

Nobody is receiving hearing notices yet are they?

They are just trying to scare everyone into paying before they loose the right to sue you.

Most of the lawyers I have dealt with over the years were too dull witted to even explain the problem to, much less do anything about it.

Its not a question of being cheap. If you don't understand precisely the legal basis of what you are doing, you shouldn't be doing it.

I just closed on a mainstream business. I downloaded a contract off the net for a model, and typed up 25 pages.

The whole time my wife kept bugging me that I really should have an attorney for the contract and I eventually caved in.

I gave the guy $300 for a one hour review of the contract, a total waste of money. Not one creative idea or correction escaped his lips, except for telling me who to make the check out to.

In general you are better off without attorneys in many situations.

Oh. but I do! It's just a botched Trillian install attempt has goofed it up lately. I'll try messaging you right now. But, regardless, I've been a bad boy and deserve the usual... :winkwink:

In criminal cases, if a defendent can not afford a lawyer the court will appoint a public defender to represent them.

Sometimes the public defenders are good because they do it day in and day out.

An official court document is not the same as a corporation sending you notices.

Nah. If you're asking for it, chances are that you'll like it, and thus it would be no punishment at all, now would it?

The same goes for accountants. "TurboTax" is not your friend.

A hearing notice is a court document once the clerk stamps it. I don't want to argue with you dude. I have been thru this many times. A common tactic in court is lawyers mailing out notice of hearings just a few days before the hearing, so the other party has little time to prepare. They can move to have a stay based on not enough time to prepare, but they still have to show up in court or risk a default judgement.

The letter Acacia sends is not a court document, I never said it was. But when acacia files the lawsuit and sends the stamped notice of lawsuit, do they have to have that served? Not sure, all I know is that a notice of hearing during a lawsuit does not in Florida. Maybe the initial notice of lawsuit does. Probably.

I don't have money for an attorney nor do I need one.
I guess I'm an exceptional case ... ; )
(an exception to the case ..double wink)

I didn't know what you posted ...
and as others have agreed ...
I will remember this
interesting

I think we're referring to two different things. I'm talking about officially serving someone for a lawsuit. That has to be done by either a sheriff, marshall or a process server. But you can't just mail that to someone.

Correct once officially served then notices are usually delivered to the parties and their attorneys by mail.

The letters.. packages.. whatever.. are not meant to come across as an official document..

It is merely a proposal..

The contract included doesn't have to be adhered to completely (if you wish to play their game)..

That was their proposal.. now go through the contract and cross out what you disagree with and return it as your counter offer..

This is what the others have done who decided to pay..

Right now, Acacia will probably take any offer that makes them money.. Cross out the part about giving names of affiliates/customers/yada yada.. cross out anything not directly related to the money they want.. and even include an amount that you're willing to pay..

This opens up a dialog between the two parties.. haggle back and forth for awhile and if both parties agree, then all is done.. if one or the other party can't agree, then it can go to the suit.

Most civil suits are settled out of court.. This is no different..

What does the law say about sueing international companies? What would Acacia have to do to sue a company in Europe, Asia, etc...?

?

this is why an officer brings u divorce papers

they have translated their patents near everywhere,but this doesnt mean much things. I believe Acacia will attempt to reach EU only if they have established them across the states. Of course only time will tell.