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theking

07-22-2009 09:09 PM

Quote:

Originally Posted by SleazyDream (Post 16095906)

actually, here in canada you can lean it and then force the sale of the asset if the account is unpaid.

Well you cannot force a sale here and can only put a lean on property...then collect if and when the property is sold. The most you are going to get a judgement for here in the US via small claims...is for proven actual damages to you and occasionally (rarely) punitive damages.

Phil	07-22-2009 09:10 PM

Quote:

Originally Posted by tony404 (Post 16095938)

http://www.legalzoom.com/legal-artic...-judgment.html

How to Get Your Money

If your debtor is unwilling to pay and you know they have the means, it's time to use your local sheriff. You have three options to collect: a bank levy, wage garnishment, or a real estate lien.

First, you must obtain proof from your small claims court that you have the right to collect. While the name of the court-issued document varies, it is typically called a writ of execution, writ of garnishment, or writ of attachment. Once you have your writ, give it to your local sheriff with instructions on your collection method. Your sheriff will serve papers on the appropriate institution and collect from your debtor.

Seizing money from your debtor's bank accounts is called a bank levy. For this, you need the name of the bank, the account number and the exact name on the account. If the cause of your suit was a business transaction, you may have this information on a credit application. Debtor laws exempt certain accounts from collection. Those include wages, retirement funds and public funds (social security, unemployment). The issue can get even more complicated if the account is joint or shared.

The next method to consider is a real estate lien. If the debtor has property, you can claim part of its value. You can create a lien by registering your judgment with the land records office in the county where the debtor owns real estate. A lien requires patience. You won't get any money until the property is sold or transferred since you will be paid from those proceeds. However, if the owner sells the property, you can collect the judgment, plus post-judgment costs and interests. It should be noted that some states limit the amount that can be collected on a real estate lien.

The third and easiest way to collect is wage garnishment. If the debtor has a job, you can collect up to 25% of his or her wages until the judgment is paid. Give your sheriff or other local official (known as a levying officer) information about the judgment and where the debtor works. This officer will collect the money and give it to you. There are restrictions, however. If the person can prove the money is being used for basic support, you can't garnish his or her wages. The same goes if they are already subject to another garnishment, are a federal or military employee or are on public support.

:1orglaugh:1orglaugh:1orglaugh

just like that eh? But in Canada we just club the seal... You do realize how many "ifs" there is and each one has its own legal issues?

Spunky

07-22-2009 09:11 PM

Quote:

Originally Posted by CAMOKAT (Post 16095907)

I own 8tube and another big one.. make sure you file charges in Collin county, not Dallas. Lets do it sleezy. You da man! Fly your secretary. is she hot?

Where can I send the burning bag of dog shitski?

peeperpimp

07-22-2009 09:11 PM

Quote:

Originally Posted by SleazyDream (Post 16095910)

webmasters arnt' average joe's

i've beaten MANY attorneys.

actually most arn't that bright in my opinion. some are, most arn't and are only concerned with billing.... thus my point - CRIPPLE them with legal fees.

Alot of us are not average Joe's you are correct, but some are. You can't possibly believe that every single webmaster out there has their light bulbs burning bright. I myself have come across quite a few who are not that bright, so Im sure you have to...

Eighter way there really isn't an arguement here between you and I. We're both correct.

As far as CRIPPLEing them, well yes I agree, that just might work. If done in mass lawsuits

Spunky

07-22-2009 09:12 PM

Quote:

Originally Posted by CAMOKAT (Post 16095947)

:1orglaugh:1orglaugh:1orglaugh

just like that eh? But in Canada we just club the seal... You do realize how many "ifs" there is and each one has its own legal issues?

You have to club the seals and walrus before the Eskimos do

Phil	07-22-2009 09:16 PM

Quote:

Originally Posted by theking (Post 16095944)

Small claims rarely award punitive damages because of its limitations. They’ll just tell you to take it to upper courts. Small claims is like traffic ticket line. Each person gets 3 miutes, and bam the judgment. To appeal you have to double the amount of what you’re suing for.. Ohhh wait , but in fucking Canada we bring out per husky, hockey stick and 1972 picture of team Canada to prove we’re right…

Phil	07-22-2009 09:17 PM

Quote:

Originally Posted by Spunky (Post 16095948)

Where can I send the burning bag of dog shitski?

semd it to your moms house. Im there right now.

theking

07-22-2009 09:19 PM

Very...very often defendants do not appear for small claims court so they lose by default. Usually they do not appear because they do not have any intention of paying...and will leave it up to you to go to the expense...effort and cost of trying to collect.

Many small claims court only have a $5,000 dollar max...but some have a $10,000 dollar max...but that is not to say that some states may have a lesser amount or a greater amount.

WarChild

07-22-2009 09:19 PM

What you makes you think the DMCA does not apply in small claims court?

tony286

07-22-2009 09:20 PM

dont be worry camokat its not going to happen.

Phil	07-22-2009 09:21 PM

Quote:

Originally Posted by SleazyDream (Post 16095941)

CAMOKAT I think it's pretty clear to see why they threw you out of law school from your responses :2 cents:

At least they took me in… What grade did you get kicked out of in oh Canada.. Keep me updated on you efforts.. I want to see how you secretary does in US courts. Don’t forget to tell he that best argument is the one that starts with “ Oh, But in Canada….” Good luck, chubby cheeks.

I was trying to help uou out, my delusional Canadian webmaster…

Phil	07-22-2009 09:22 PM

Quote:

Originally Posted by tony404 (Post 16095971)

dont be worry camokat its not going to happen.

I know its not. Its sleezy. Big mouth, big ass, big talk… Small penis …

Phil	07-22-2009 09:23 PM

Quote:

Originally Posted by theking (Post 16095968)

You’re 100% right.. But hey, in Canadaaaaaaaaa….. We all should know wtf is going in Canaaaaaaadaaaaa…

Spunky

07-22-2009 09:34 PM

Quote:

Originally Posted by CAMOKAT (Post 16095981)

big ass,Small penis ?

Sounds like you have experience in this subject:helpme

SleazyDream

07-22-2009 09:34 PM

Quote:

Originally Posted by CAMOKAT (Post 16095975)

At least they took me in? What grade did you get kicked out of in oh Canada.. Keep me updated on you efforts.. I want to see how you secretary does in US courts. Don?t forget to tell he that best argument is the one that starts with ? Oh, But in Canada?.? Good luck, chubby cheeks.

I was trying to help uou out, my delusional Canadian webmaster?

I have several degrees.

all i see if someone saying - dont' doooo this... no no no - why, cause it doesn't require lawyers to sue someone, and for lawyers - that's BAD BAD BAD

actually most lawyers I know seem to be trained from day one in law school to avoid small claims.

fact is - small claims has the same collection rights as a supperiour court.

SleazyDream

07-22-2009 09:37 PM

Quote:

Originally Posted by WarChild (Post 16095969)

What you makes you think the DMCA does not apply in small claims court?

the point is - get 100 small webmasters to sue.

some judges will agree, some won't.

all depends on how it's presented.

it's a micro MASS approach - not macro one shot.

what is more effective at killing? One big cannon ball you can dodge or 100 .22 caliber bullets shot directly at you?

people get caught up in BIG GUY itus.... money's in the small accounts - lots of them - suing should be the same way

small claims - min legal fees - maximum HURT

theking

07-22-2009 09:41 PM

Quote:

Originally Posted by SleazyDream (Post 16096006)

What Universities did you attend...and what degrees do you have. I attented L.A. State and have around a hundred units more than is required to get a degree...but I never applied for one. I changed major's multiple times and never did find one that I really liked. I really was only attending university to kill time while I recuperated from war injuries and to think.

mlove

07-22-2009 09:41 PM

You people sound more irrational than the RIAA.

SleazyDream

07-22-2009 09:43 PM

Quote:

Originally Posted by theking (Post 16096017)

university of manitoba. i live here.

i have a BA and a cfp as well as several financial planning degrees from various associations.

theking

07-22-2009 09:43 PM

Quote:

Originally Posted by SleazyDream (Post 16096012)

I tend to doubt that you would find many...if any that would appear...which means you would win by default and have one hell of a time ever collecting a dime.

SleazyDream

07-22-2009 09:44 PM

Quote:

Originally Posted by mlove (Post 16096018)

You people sound more irrational than the RIAA.

funny, i see the same thing is advertisers.

there's more money chasing the small guys cause there's soo many of them, but everyone gets big account itus....

shows stupidity

SleazyDream

07-22-2009 09:45 PM

Quote:

Originally Posted by theking (Post 16096028)

I tend to doubt that you would find many...if any that would appear...which means you would win by default and have one hell of a time ever collecting a dime.

tracing accounts wouldn't be that hard.... esp since we know who the affiliates are.

i'm more into leaning the url.......

Phil	07-22-2009 09:46 PM

Quote:

Originally Posted by SleazyDream (Post 16096006)

I'm sure you do. I got one in bullshitting as well from university of Pulitzer. Serge Oprano and I graduated from same class. He used to cheat off my papers.

I wasn’t trying to say NO to you, just pointing few things out. One, is that it will cost you a lot more than you think. Maybe in Canada it’s a walk.. But Im not in Canada.

SleazyDream

07-22-2009 09:48 PM

Quote:

Originally Posted by CAMOKAT (Post 16096034)

I'm sure you do. I got one in bullshitting as well from university of Pulitzer. Serge Oprano and I graduated from same class. He used to cheat off my papers.

I wasn?t trying to say NO to you, just pointing few things out. One, is that it will cost you a lot more than you think. Maybe in Canada it?s a walk.. But Im not in Canada.

so nothing you say is valid.

gotcha :thumbsup

Phil	07-22-2009 09:48 PM

Quote:

Originally Posted by SleazyDream (Post 16096025)

university of manitoba. i live here.

i have a BA and a cfp as well as several financial planning degrees from various associations.

BA in basket weaving? BA means shit. My friend graduated with Pottery Design degree. Hes selling suites in Dillards now.

SleazyDream

07-22-2009 09:50 PM

Quote:

Originally Posted by CAMOKAT (Post 16096039)

BA in basket weaving? BA means shit. My friend graduated with Pottery Design degree. Hes selling suites in Dillards now.

umm, that's probally all you have - if you have that much as you failed out of law school

and cfp..

theking

07-22-2009 09:53 PM

Quote:

Originally Posted by SleazyDream (Post 16096032)

tracing accounts wouldn't be that hard.... esp since we know who the affiliates are.

i'm more into leaning the url.......

In the case of the URL if it is not considered to be by law...real property (it may or may not be...I don't know) you could not place a lean against it but assuming that you could...the lean can only be in the amount of the judgement and would not be collectable unless or until the sale of the property.

As I stated early your idea is a solution of sorts.

Phil	07-22-2009 09:54 PM

Quote:

Originally Posted by SleazyDream (Post 16096043)

umm, that's probally all you have - if you have that much as you failed out of law school

and cfp..

Oh, my original degree was in Finance. It was all fun in my early years. Making dart board mutual funds, playing stock.. Then I get to my senior year and realize that my best shot is to sell life insurance to old gizzards like serge. One summer internship with Principal Financial and I switched my majors to BIS (business information systems). Best thing I ever done. Altho I do hate mainframe programig more than anything else in my life...

PS: I chose to fail... You never tried.. thats the difference. :1orglaugh

Phil	07-22-2009 09:56 PM

Im going to a swim.. good night sleezy..

Iron Fist

07-22-2009 09:56 PM

Serious business...

SleazyDream

07-22-2009 10:00 PM

Quote:

Originally Posted by CAMOKAT (Post 16096063)

Im going to a swim.. good night sleezy..

smooooooch

hope you passed your swimming lessions :thumbsup

SleazyDream

07-22-2009 10:01 PM

Quote:

Originally Posted by CAMOKAT (Post 16096060)

ahhh fuck.... similar backgrounds......

CrkMStanz

07-22-2009 10:04 PM

its Lien , not lean

dam lawyers :1orglaugh :1orglaugh

but beyond that i think mass-micro lawsuits (not suites) are a great idea - coupled with ALL other suggested methods - somethings gotta give

:2 cents:

CyberHustler

07-22-2009 10:05 PM

Quote:

Originally Posted by theking (Post 16096028)

I tend to doubt that you would find many...if any that would appear...which means you would win by default and have one hell of a time ever collecting a dime.

I'll go get your shit when you win.. for a fee of course... :pimp

camperjohn64

07-22-2009 10:06 PM

Quote:

Originally Posted by peeperpimp (Post 16095834)

Just because you dont have to bring an attorney to small claims doesnt mean the other party wont.

Trust that their attorney(s) will show up. and eat you alive. (they love snacks)

In small claims court, the defendant is not allowed to have an attorney represent them.

Also, in small claims, your claim must be limited to something actually lost, not theoretical losses. ie: you must have at some point actually paid money to someone that the defendant is now responsible for. You cannot sue for pain and suffering or secondary losses or "he cost me money" claims. You can't sue in small claims for content theft.

baddog

07-22-2009 10:50 PM

Quote:

Originally Posted by SleazyDream (Post 16095791)

I don't know us law but in Canada offense is tried where offense occured. Theft occured from my business here?

Collection can mea. Seizing assets, which could be the URL of the tube....

. . . .

California:

As a general rule, a case must be filed in the county (and area of court location) in which the defendant resides. This general rule promotes fairness, since it's usually easier for a defendant to defend a case if it's filed in the locality where the defendant resides.

Manitoba:

The hearing of the claim must be held at the court centre nearest where the defendant resides or where the incident happened. A court date will be set at the time of filing. Once served, the date may only be changed by consent of all parties. As a claimant you must have the full and complete name and address of all parties involved in the action.

Indiana:

Generally, you need to file the suit in the county (or township, if you're in Marion County) where the:

* Transaction or incident took place, such as where you signed the contract or where the car accident happened
* Where the obligation was supposed to be performed, such as where your house is located if a plumber or roofer didn't do his job properly, for example
* Defendant lives (since there was no transaction, JMHO)
* Defendant works or is employed at the time you file the suit
* Property is located, if the case is a landlord-tenant dispute

Phil	07-22-2009 11:04 PM

Quote:

Originally Posted by SleazyDream (Post 16096075)

smooooooch

hope you passed your swimming lessions :thumbsup

pfft... been swiming before I learned how to walk. Russian national JR team 1986. I was doing 100 meter freestyle with 10 y.o. when I was in first grade.

baddog

07-22-2009 11:22 PM

Quote:

Originally Posted by SleazyDream (Post 16095824)

The URL is an asset. Hit em where it hurts.

I find it hard to beleive small claims in the USA isn't enforceable? It is a legal judgement from a court of law with a real judge.

Always appealed which means higher court, more hassle, attorneys now allowed/encouraged.

Quote:

Originally Posted by tony404 (Post 16095828)

You are mistaken yes you can. You win a judgement its a judgement that you can enforce.

Hopefully.

Quote:

Originally Posted by peeperpimp (Post 16095834)

Just because you dont have to bring an attorney to small claims doesnt mean the other party wont.

Trust that their attorney(s) will show up. and eat you alive. (they love snacks)

They can't.

Quote:

Originally Posted by SleazyDream (Post 16095862)

actually, judges in small claims usually DON'T like attorneys, esp if you appear to be honest.

also what is 20 or 30 people all sue at once - in different states and countries.....

all seperate legitimate small claims lawsuits

and here's the thing, even if their lawyer DOES show up, in Canada here if you loose you're only responsible for $100 in fees. they could get buried in legal fees really quickly and cripple them

While for most of us this does not apply because attorneys are not allowed in small claims courts [in any state I am aware of], it does present another issue I just remembered. This applies in at least California.

If you are incorporated you must be represented by an attorney in court. But since attorneys are not allowed in small claims court they lose, but will surely appeal.

Of course, if you are incorporated I think it makes it a little tough for you to file a small claims action. I am arguing with myself about this, so not really sure how that works.

Quote:

Originally Posted by CAMOKAT (Post 16095872)

Sleazy, I don?t know how its in Canada but here attorney can file motion for ?change of venue? and you will have to fly your ass to some place called Poland Springs, Maine with population of 150, for every court meeting. And there can be MAAAANY of those to fly to?

You sure you went to law school? You can't just get granted a change of venue without a valid reason.

Quote:

Originally Posted by SleazyDream (Post 16095906)

actually, here in canada you can lean it and then force the sale of the asset if the account is unpaid.

Then should probably start a coalition of Canadians to do this. Sounds like your laws are stricter.

Quote:

Originally Posted by CAMOKAT (Post 16095947)

:1orglaugh:1orglaugh:1orglaugh

just like that eh? But in Canada we just club the seal... You do realize how many "ifs" there is and each one has its own legal issues?

Yeah, I am sure you went over that in law school, right? Any legal issues might be after you get the first notice from your bank that they had a court order to turn over your cash, so you run to court to get a stay while you get your shit together.

Quote:

Originally Posted by CrkMStanz (Post 16096091)

its Lien , not lean

Thank you.

xxxjay

07-22-2009 11:28 PM

Quote:

Originally Posted by SleazyDream (Post 16095791)

I don't know us law but in Canada offense is tried where offense occured. Theft occured from my business here?

Collection can mea. Seizing assets, which could be the URL of the tube....

See what Brazzers has to say.

San	07-22-2009 11:56 PM

Quote:

Originally Posted by SleazyDream (Post 16095778)

You can get a Judgement WITHOUT a lawyer and associated legal fees and garnish assets if they don't pay it, assets like homes, cars, bank accounts, etc.

yeah, good luck tracking them down in some buttfuck Zanzibar

Phil	07-22-2009 11:56 PM

Quote:

Originally Posted by baddog (Post 16096203)

You sure you went to law school? You can't just get granted a change of venue without a valid reason.

No shit Einstein. Its not like you go and say “ Hey I want it to be moved to Halleluya” … Do you have any idea why tobacco cases are all gone in one specific area Curly?
That’s why you hire lawyer to come up with one… Let me wash off you dentures while I have Serge’s…

http://a1der-babe.com/bananadog.gif <----- fucking retard.

Phil	07-22-2009 11:59 PM

Quote:

Originally Posted by xxxjay (Post 16096205)

See what Brazzers has to say.

Oh no, he's going after me and 8tube.. as well as 12tube and fuck-off-tube.china

baddog

07-23-2009 12:03 AM

Quote:

Originally Posted by CAMOKAT (Post 16096243)

No shit Einstein. Its not like you go and say ? Hey I want it to be moved to Halleluya? ? Do you have any idea why tobacco cases are all gone in one specific area Curly?

Feel free to enlighten us and explain how that pertains to a small claims action.

Quote:

That?s why you hire lawyer to come up with one?

Yeah, every small claims action should include a few lawyers in it. Why would someone waste the money on an attorney to get a case moved when you can appeal for free and ALWAYS have it granted?

Phil	07-23-2009 12:09 AM

Quote:

Originally Posted by baddog (Post 16096252)

Feel free to enlighten us and explain how that pertains to a small claims action.

Yeah, every small claims action should include a few lawyers in it. Why would someone waste the money on an attorney to get a case moved when you can appeal for free and ALWAYS have it granted?

Feel free to fuck off or actually read or talk to couple of legal entities. Every village has its own idiot. GFY has you…

pocketkangaroo

07-23-2009 12:20 AM

A lot of the tube sites have content of girls that look very young. Maybe it's legal, maybe it's not. But a few thousand reports to the FBI and whatever the enforcement agency in Canada is could stir up some trouble.

Then again, if you really wanted to play dirty and just didn't give a fuck how, a few full-time Russians to constantly DDOS would make their lives hell.

Jack Sparrow

07-23-2009 12:32 AM

And who would pay for those 10k suits?

No offense, just thinking most of them would rather not pay and lose even more money.

SleazyDream

07-23-2009 12:37 AM

Quote:

Originally Posted by baddog (Post 16096252)

here you can only appeal ONCE (costs the same as filing - $30) - and you only have 30 days to do it. then an appeal goes same as any other trial - to a higher court and that can only go so high and will cost the defendant HUGE legal fees

baddog

07-23-2009 12:39 AM

Quote:

Originally Posted by mrfrisky (Post 16096294)

And who would pay for those 10k suits?

No offense, just thinking most of them would rather not pay and lose even more money.

Well, unless you went to CAMOKAT School of Law, small claims court is cheap. Less than $100. Of course, there are limits to how much you can sue for.

baddog

07-23-2009 12:40 AM

Quote:

Originally Posted by SleazyDream (Post 16096306)

If they lose.

SleazyDream

07-23-2009 12:41 AM

Quote:

Originally Posted by xxxjay (Post 16096205)

See what Brazzers has to say.

i havn't caught them stealing any of my content.

if I do catch someone doign that - i'll sue and see what happens :thumbsup

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