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01-28-2003, 05:02 PM
| | |  Contempt of Court
What is the name of your state? NH
My wife and I have divorced. Our divorce agreement stated that my wife had 30 days to return my 4 computer harddrives. She has not done complied with the court ordered agreement. I filed a contempt of court order. My question is what will happen when we go to court? What do I need to do to prepare for this? How do I place a value on these harddrives because it is not the harddrive itself but the content that I am concerned about. My ex-wife put the computers that had the harddrives in them out for the garbage. A kid down the street asked if he could have them and my ex-wife said yes. No she cannot get them back. The harddrives contained original and backups of every peice of software I ever created for my clients and all of the libraries used in creating new software. These libraries contain code that was created, updated, enhanced over a period of 10 of software development. To me it's like taking the only copy of a novel someone wrote and burning it. No matter how hard you try you could never create / duplicate the content. Please help. |
01-28-2003, 05:31 PM
| | Senior Member | | Join Date: May 2002
Posts: 29,677
| | | O M G
WHY didn't you make separate back-ups? That's the first rule of any sort of work with computers, dude! |
01-28-2003, 06:05 PM
| | | | Dude
Quote: Originally posted by momma_tiger
O M G
WHY didn't you make separate back-ups? That's the first rule of any sort of work with computers, dude! | They were backed up! One of the computers was a server and the othe a backup server. As far as tape / cd backups those were destroyed by ex-wife also, thank you, dude. |
01-28-2003, 06:42 PM
| | Senior Member | | Join Date: May 2002
Posts: 29,677
| | | I don't know how much relief you're going to get. But realistically speaking, you *knew* what you had on there and how important it was - to you. And you should've made sure you had portable backups. |
01-28-2003, 07:05 PM
| | | | Dude
Is this legal advice to my questions or is this your opinion of an issue irrelevant to this charge against her? The issue at hand is: She did not return the harddrives as ordered by the court. |
01-28-2003, 07:19 PM
| | Senior Member | | Join Date: May 2002
Posts: 29,677
| | | She will likely have to pay you for the hardware. The software - unless it was somehow specified that the drives had to be returned to you in the exact same condition (and then you would have to prove what was one each) - you may well be SOL on. |
01-28-2003, 07:29 PM
| | | | The court order was for the drives to be returned in working order with software intact and undamaged. By the way in reference to your earlier response, tell me. How much relief would one expect if just for example you purchased a cup of coffee and then spilt it on yourself and got burned? Knowing of course that the coffee was hot and if they gave it to you cold you most certainly would have returned it for a hot cup. |
01-28-2003, 07:50 PM
| | Senior Member | | Join Date: May 2002
Posts: 29,677
| | | Hopefully someone else will give you the input you're looking for. Otherwise - consult an attorney. |
01-29-2003, 10:17 AM
| | Member | | Join Date: Oct 2002 Location: Pennsylvania
Posts: 762
| | | You might want to place a dollar amount on the value taking into consideration what the loss cost you to your business.
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