• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help with response to Summons in a Civil Action (copyright infringement)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jamison23

Junior Member
What is the name of your state (only U.S. law)? CO

I am being sued as a named defendant for copyright infringement. I received Summons in a Civil Action that I must respond to witin 21 days.
I need some help with my response but if your answer is to get a lawyer please do not reply to this thread.

My understanding is that the response can be as simple as this (just the meat):

ANSWER

Defendent Named Defendent asnwers the complaint as follows:

1. Denies
2. Admits
3. etc

Here are my questions:

1. The plaintiff has many points in the complaint that are not answerable. For example: 3. Plaintiff is the registered owner of the copyright...

Should I just skip these not applicable points and answer only points that are applicable, write "3. Not Applicable" or something else?

2. Together with their complaint the plaintiff also included "Exculpatory Evidence Request" where they have questions I am pretty certain I do not have to answer such as "Has a Bittorrent client been installed..."

Can I just ignore this "Exculpatory Evidence Request" or do I have to provide answers to questions in this request as well in order for my response to be legally valid?

Thanks
 


single317dad

Senior Member
What is the name of your state (only U.S. law)? CO

I am being sued as a named defendant for copyright infringement. I received Summons in a Civil Action that I must respond to witin 21 days.
I need some help with my response but if your answer is to get a lawyer please do not reply to this thread.

My understanding is that the response can be as simple as this (just the meat):

ANSWER

Defendent Named Defendent asnwers the complaint as follows:

1. Denies
2. Admits
3. etc

Here are my questions:

1. The plaintiff has many points in the complaint that are not answerable. For example: 3. Plaintiff is the registered owner of the copyright...

Should I just skip these not applicable points and answer only points that are applicable, write "3. Not Applicable" or something else?

2. Together with their complaint the plaintiff also included "Exculpatory Evidence Request" where they have questions I am pretty certain I do not have to answer such as "Has a Bittorrent client been installed..."

Can I just ignore this "Exculpatory Evidence Request" or do I have to provide answers to questions in this request as well in order for my response to be legally valid?

Thanks
I would highly recommend you research the entity that is suing you. Many of these copyright trolls are being outed for their tactics and judges are having none of it. Of course, you still need to follow procedure and protect your rights, but there may be a great deal of support out there for you if you can find it.

1. "As to paragraph XX, defendant is without sufficient information or belief to admit or deny the allegations in this paragraph. Based on this lack of information or belief, defendant denies the allegation(s), and leaves it to plaintiff to provide strict proof thereof." Or something to that effect.

2. This is similar to 'Admissions'. You can object if the request is vague, overly burdensome, etc. Look up some forums where people fight junk debt collectors, they'll have a lot of information that is applicable to your case as well.
 

tranquility

Senior Member
I woul Dr get an attorney as being wrong can ruin your life. But, generally, if you don't know, "lacking information or belief, deny".
 

quincy

Senior Member
What is the name of your state (only U.S. law)? CO

I am being sued as a named defendant for copyright infringement. I received Summons in a Civil Action that I must respond to witin 21 days.
I need some help with my response but if your answer is to get a lawyer please do not reply to this thread. . .
As a note, jamison23, you can get general advice on a forum and directions on where to go to find resources to assist you (as has been provided you by single317dad and tranquility), however, NO ONE here can help you with the specifics. To do so would either be practicing law without a license or, if an attorney is replying, unethical and a violation of the rules of professional conduct.

That is why it is often recommended on this site that you find an attorney in your area to assist. I agree with tranquility that having an attorney would be smart.

It is in the early stages of a lawsuit that many defendants who attempt to handle the matter on their own mess up. If you mess up in a copyright infringement suit, the plaintiff can be awarded anywhere from $750 to $30,000 for each infringed work being claimed - and, if you lose, you should be prepared to pay at least in the neighborhood of $10,000. Once an infringement suit makes it to court, the costs involved increase substantially as do the damages that are awarded the successful plaintiff.

Because this is serious money, the smart defendant seeks help from a professional. It is entirely possible, as single317dad said, that the suit against you can be dismissed, depending on who the plaintiff is in the action - but it is unlikely to be dismissed if you handle this on your own - not without a whole lot of research by you ahead of time.

Good luck.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top