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I am a defendant in a civil lawsuit. I had 21 days of deadline. I send answer on 21 day and it will get delivered on 22 day. what happens now?

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thenpen3

Member
What is the name of your state? California

Hi there,

I am defendant on civil lawsuit. I was given a deadline of 21 days. I have sent the letter for motion on 21 day. USPS says it will be delivered tomorrow which is 22nd day. What is going to happen next? Is there any exception that it will still be looked by judge. I was homeless and I have said that thing on my letter to court clerk. Are they going to consider it?
 


quincy

Senior Member
What is the name of your state? California

Hi there,

I am defendant on civil lawsuit. I was given a deadline of 21 days. I have sent the letter for motion on 21 day. USPS says it will be delivered tomorrow which is 22nd day. What is going to happen next? Is there any exception that it will still be looked by judge. I was homeless and I have said that thing on my letter to court clerk. Are they going to consider it?
What do you mean by "a letter for a motion?" And to whom did you send this letter? The court clerk?
 

Taxing Matters

Overtaxed Member
What is the name of your state? California

Hi there,

I am defendant on civil lawsuit. I was given a deadline of 21 days. I have sent the letter for motion on 21 day. USPS says it will be delivered tomorrow which is 22nd day. What is going to happen next? Is there any exception that it will still be looked by judge. I was homeless and I have said that thing on my letter to court clerk. Are they going to consider it?

Ok, what was the deadline for — what was it you were supposed to do? And the motion you're filing, what are you asking the court to do? And what kind of case is this; what are you being sued for?
 

thenpen3

Member
Ok, what was the deadline for — what was it you were supposed to do? And the motion you're filing, what are you asking the court to do? And what kind of case is this; what are you being sued for?
I got sued for "publishing code online" that's what they say. Anti trust. I was supposed to give answer to plaintiff or ask for motion to the court. They are asking for millions of dollars, which I will never have. I have zero dollar on my bank account. I am being sued for "publishing their code online" or "distributing their code" that's what they are saying.
 

thenpen3

Member
I do not have money to hire lawyer who charge $500 per hour. They are saying that if I agree with their condition they are willing to extend their deadline, which was today, for three weeks. They are asking me to ask github and reddit to send my logs, send my computer to them, and cooperate with FBI if necessary, for civil case and which has not even been proven. Am I already guilt of charges right now?
 

PayrollHRGuy

Senior Member
Of course, you haven't yet been found guilty and since this is a civil suit it has nothing to do with being found guilty of a crime.

This whole sending them your computer sounds super sketchy to me and there is no way in the world I would do so. If they want github and reddit's logs they can try and get them themselves.
 

thenpen3

Member
yesterday was deadline for me to reply. The answer to the court will arrive there today. Do I have to pay millions of dollars? Is my life F&&ked now? Is the judge is going to rule against me? I have attached letter with answer to court which says I was homeless and I didn't have resources to reply, financially and physically. Is the judge going to consider it even though my reply is a day late?
 

Just Blue

Senior Member
yesterday was deadline for me to reply. The answer to the court will arrive there today. Do I have to pay millions of dollars? Is my life F&&ked now? Is the judge is going to rule against me? I have attached letter with answer to court which says I was homeless and I didn't have resources to reply, financially and physically. Is the judge going to consider it even though my reply is a day late?
1. The Free Advice Crystal Ball is in the shop for calibration.
2. See #1
3. See #1
4. See #1
5. See #1
 

PayrollHRGuy

Senior Member
yesterday was deadline for me to reply. The answer to the court will arrive there today. Do I have to pay millions of dollars? Is my life F&&ked now? Is the judge is going to rule against me? I have attached letter with answer to court which says I was homeless and I didn't have resources to reply, financially and physically. Is the judge going to consider it even though my reply is a day late?

That isn't a reply to the complaint. A proper reply would have been to answer the allegations made in the complaint. If you had a piece of paper and a pen you had the resources to reply.

That said the worse that will happen is a judgment will be granted and you file for bankruptcy. We don't put people in jail for debts.
 

not2cleverRed

Obvious Observer
I got sued for "publishing code online" that's what they say. Anti trust. I was supposed to give answer to plaintiff or ask for motion to the court. They are asking for millions of dollars, which I will never have. I have zero dollar on my bank account. I am being sued for "publishing their code online" or "distributing their code" that's what they are saying.

You response may or may not be accepted. However, you haven't mention a summons or a hearing, just notice to respond.

Would I be correct in assuming that you responded with the same level or clarity and formality that you have displayed here? If so, then I suspect it would not matter when your "letter for motion" was postdated.

As @PayrollHRGuy observed, the correct way to respond is to address the allegations against you directly. You have no money, so what sort of assets are they going to seize?

I do not have money to hire lawyer who charge $500 per hour. They are saying that if I agree with their condition they are willing to extend their deadline, which was today, for three weeks. They are asking me to ask github and reddit to send my logs, send my computer to them, and cooperate with FBI if necessary, for civil case and which has not even been proven. Am I already guilt of charges right now?

This is sounding like a scam. Do you even have a computer? Per your first post, you've been homeless. And you don't come across as clever enough to do what you're allegedly being accused of.

I'd worry about the FBI when the FBI actually shows up. Meaning I'm skeptical. While a civil suit does not require that you be criminally guilty of something, if there is a possibility that a person can be found guilty of something, criminally, having that conviction on the record would be preferred before concluding a lawsuit, not after.

yesterday was deadline for me to reply. The answer to the court will arrive there today. Do I have to pay millions of dollars? Is my life F&&ked now? Is the judge is going to rule against me? I have attached letter with answer to court which says I was homeless and I didn't have resources to reply, financially and physically. Is the judge going to consider it even though my reply is a day late?

You can't pay what you don't have.

And some might argue that being homeless and penniless means that you're already in a sorry state.
 

quincy

Senior Member
I got sued for "publishing code online" that's what they say. Anti trust. I was supposed to give answer to plaintiff or ask for motion to the court. They are asking for millions of dollars, which I will never have. I have zero dollar on my bank account. I am being sued for "publishing their code online" or "distributing their code" that's what they are saying.
You are being accused of copyright infringement - or something else?

Have you received a court summons and complaint, indicating you are being sued, or have you just received a letter?

I can't figure out what your situation is from what you have said. I think you should find a legal aid clinic in your area or make an appointment with an attorney for an initial consultation to see what you received.
 

thenpen3

Member
I got summon from court for copyright
You are being accused of copyright infringement - or something else?

Have you received a court summons and complaint, indicating you are being sued, or have you just received a letter?

I can't figure out what your situation is from what you have said. I think you should find a legal aid clinic in your area or make an appointment with an attorney for an initial consultation to see what you received.

got summon from court. trade secret, copy right and lot of other things. I got summon which says I am being sued for 2 million dollar for distributing their so called trade secret.
 

thenpen3

Member
You response may or may not be accepted. However, you haven't mention a summons or a hearing, just notice to respond.

Would I be correct in assuming that you responded with the same level or clarity and formality that you have displayed here? If so, then I suspect it would not matter when your "letter for motion" was postdated.

As @PayrollHRGuy observed, the correct way to respond is to address the allegations against you directly. You have no money, so what sort of assets are they going to seize?



This is sounding like a scam. Do you even have a computer? Per your first post, you've been homeless. And you don't come across as clever enough to do what you're allegedly being accused of.

I'd worry about the FBI when the FBI actually shows up. Meaning I'm skeptical. While a civil suit does not require that you be criminally guilty of something, if there is a possibility that a person can be found guilty of something, criminally, having that conviction on the record would be preferred before concluding a lawsuit, not after.



You can't pay what you don't have.

And some might argue that being homeless and penniless means that you're already in a sorry state.
I was homeless, sleeping in the car with computer with me . But when I was homeless I sold my computer to buy foods and stuff, to survive.
 

quincy

Senior Member
I got summon from court for copyright


got summon from court. trade secret, copy right and lot of other things. I got summon which says I am being sued for 2 million dollar for distributing their so called trade secret.
You are being sued in federal court then. You first should call the court to confirm that a lawsuit has been filed against you.

If a lawsuit has, in fact, been filed against you, you will need an attorney's assistance. This is not a do-it-yourself lawsuit.

I recommend you call large law firms in your area that have intellectual property attorneys to ask about their pro bono program. Explain your situation. You perhaps can get pointed in the right direction by asking at a legal aid clinic connected to a law school.

Your attorney may advise that you remove the published code from the online sites where it was posted, to mitigate the damage, if the person/entity suing you had not filed a DMCA takedown notice already. You should not have to print off anything for the party suing you and you should not turn anything over to the other party without your own attorney's okay.
 
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