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Author Topic: Extortion by Default  (Read 4103 times)
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k4kyv
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Don
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« on: January 31, 2007, 05:01:56 PM »

A 16-year-old boy was sued by five record companies accusing him of online music piracy.  Robert Santangelo, who was as young as 11 when the alleged piracy occurred, denied ever disseminating music and said it's impossible to prove that he did.  Santangelo's mother, 42-year-old suburban mother of five who was sued by the record companies in 2005, refused to settle, took her case public and became a heroine to supporters of Internet freedom.

The industry dropped its case against her in December but sued Robert and his sister Michelle, now 20, in federal court. Michelle has been ordered to pay $30,750 in a default judgment because she did not respond to the lawsuit.

Apparently anyone can bring a frivilous lawsuit against another party, and if the other party does not respond (perhaps never even got the word that they were being sued - could have been on an extended trip, never read their mail, etc), that person can end up owing a big judgement by "default."

Imagine, someone sues a ham with a bogus claim that rf radiation from the radio was the cause of his prostate cancer.  The ham simply doesn't take the claim seriously and ignores it, or happens to be out of the country for an extended period and cannot be reached.  He is slapped with a judgement for $100,000 and foreclosure is ordered on his house.

http://www.businessweek.com/ap/financialnews/D8N01OKO0.htm
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Don, K4KYV                                       AMI#5
Licensed since 1959 and not happy to be back on AM...    Never got off AM in the first place.

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Jim, W5JO
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« Reply #1 on: January 31, 2007, 05:34:20 PM »

The really scarey thing is that failure to respond to any summons for civil court will result in the same outcome.  And it doesn't matter if you receive it before the action or not.  This is true of Federal, State and Local goverment actions as well. 
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W1RKW
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« Reply #2 on: January 31, 2007, 05:52:19 PM »

And then society wonders why some people go off the deep end and shooting up people and things. 

I noticed a rather nice house that is on the route to my work place.  I noticed the other day a bank foreclosure sign in the front yard.  So much for financial privacy.  I often wonder about the circumstances of those who get slapped with a foreclosure.  I'm sure alot of them are because of circumstances beyond ones control like health costs or loss of job or worse the IRS or whatever.  Cut them some slack.  Welcher's I don't have sympathy for.

We live on a double edge sword.  The bank can own your house, and/or the government can own it.  And either can take it away if you fart in the wrong direction (for those who are penalized with property taxes).

Nice free life we have here.

 
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Bob
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Ed/KB1HYS
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« Reply #3 on: February 01, 2007, 06:16:14 AM »

Set yourself up as a "Church"  form your own religion, and document it...
Non-Profit, no income taxes,
Churches pay no property taxes (atleast here in NH anyway)...
then get people to send you money to buy themselves into heaven.

it works for so many others

You could be The Right Hon. Reverend of the Church of the Almighty Dollar... Grin
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73 de Ed/KB1HYS
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Carl WA1KPD
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« Reply #4 on: February 01, 2007, 09:04:32 AM »

Apparently anyone can bring a frivilous lawsuit against another party, and if the other party does not respond (perhaps never even got the word that they were being sued - could have been on an extended trip, never read their mail, etc), that person can end up owing a big judgement by "default."
http://www.businessweek.com/ap/financialnews/D8N01OKO0.htm

I think you have to be served in person by a sheriff notifying you of the action. But then again my legal degrees are from Perry Mason and CSI University.
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Carl

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k4kyv
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Don
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« Reply #5 on: February 01, 2007, 12:31:28 PM »

I'm not so sure about that.

http://digitalmusic.weblogsinc.com/2006/08/07/the-riaa-vs-john-doe-a-laypersons-guide-to-filesharing-lawsui/
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Don, K4KYV                                       AMI#5
Licensed since 1959 and not happy to be back on AM...    Never got off AM in the first place.

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k3zrf
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« Reply #6 on: February 01, 2007, 05:07:59 PM »

Apparently anyone can bring a frivilous lawsuit against another party, and if the other party does not respond (perhaps never even got the word that they were being sued - could have been on an extended trip, never read their mail, etc), that person can end up owing a big judgement by "default."
http://www.businessweek.com/ap/financialnews/D8N01OKO0.htm

And don't forget about ex-wives doing same.

I could write volumes. Angry
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dave/zrf
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Bill, KD0HG
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« Reply #7 on: February 01, 2007, 09:05:08 PM »

. Michelle has been ordered to pay $30,750 in a default judgment because she did not respond to the lawsuit.

What do you get for sticking up a 7-11?

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