Hi.. I recently was served with a summons and complaint that states I have twenty days to respond to it in writing to the court or I will be faced with a default judgement. I have looked up alot about this online and found out that in my state (indiana) I can file a "Motion to dismiss fo failure to comply with rules" if the plaintiff did not have a contract written instrument not attached to the complaint and summons, and it did not. I still need to call my court here in my county to be sure that it is the rule before I can try this though. I need to know how to word my answer if I would go with this route and if even if I dont I still have to answer to avoid the default judgement. I know that I need to go through and deny each complaint that is numbered on the sheet but I do not know how to word it exactly. The reason that I am being sued in the first place is because my b/f and I had a couple credit cards that I was a joint on with him. He was always the one responsible for making the payments. He ended up having to file bankruptcy, and once the case was discharged it automatically made me the one responsible for the amount. I have no way of making any kind of payment on it at this time. I have been out of work since 2007 when i found out I was preg with my daughter and i have been a stay at home mom since. So i know that the judge can not order for any kind of wages to be garnished and I do not have any assets for them to take, so most likely its just going to be on my record and if I would get a job or any money withen the next ten yrs or so id have to pay it then. Do I need to deny the complaint in my answer even though I know its true .. or will the judge just order me to pay it then because he wouldnt have been able to hear my story or i guess situation? The complaint states that 1. The defendant is indebted to the plaintiff int he amount of ***** plues accured interest of **** as of jan 2010.
2. Venue is proper with this court and based on the defendant residing in **** County.
3. The plaintiff owns and is the holder of an acocunt due and oweing by the defendant, and is the asignee of Elan/ Mainsource bank.
Wherefore the plaintiff respectfully requests the following relief.
1 Judgement against the defendant in the sum of ******* plus accured intesest of **** as of jan 2010
2 Interest thereon at the rate of 8 percent per annum from jan 2010 , and 8 percent per annum from the date of judgement , until the judgement is satidfied.
3 For plaintiffs costs herein expended
4 For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute. or common law.

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Hey Guys,

I have a few concerns and questions that I need answered. I have Googled the laws extensively but would like some human perspective.

I have a friend who downloaded software from Vuze.com. The software is a language software and the torrent he downloaded contained files from a bunch of different languages offered by the company. My friend can burn the files onto a DVD and the DVD can be used on any computer. There is no installation required or anything like that. He has posted the software for sale or trade in various cities on Craigslist.com. Originally he was posting the listings and including the name of the software. Soon after he received a cease and desist letter from company demanding that he remove the listings and stop. After that, my friend decided to post the listings but this time not include the actual name of the company. In the postings he does not write the actual name of the software, but rather posts listings such as "language learning software for sale or trade". Since then he hasn’t received anymore notices from the company. Once my friend receives emails from people who are interested he informs them of the name of the software and arranges to mail them the software. He later received payment via mail or PayPal. Like I said, I looked up all the technical legal punishments such as 0,000 fines, etc. I need your input on a few different questions.

1. Does the fact that the name of the software isn’t publicly advertised matter at all?

2. How exactly are people usually caught? I’ve read that the FBI investigates these matters, but is that typical? Are they doing it on their own or are they asked to by the companies?

3. If caught, what is a realistic punishment? I have seen people sent to prison, but in the story I read the defendant had made millions off of the pirated software and had cars, etc. seized. Could you really go to prison?

4. If you are found guilty in civil court and are demanded to pay an astronomical figure in the hundreds of thousands, what do you do? Would you be forced to claim bankruptcy? Are you allowed to claim bankruptcy since theres no practical means for obtaining that kind of money?

5. Would you have any further warnings or would your house just get raided in an attempt to look for evidence?

6. What kind of lawyer would you need to defend yourself and how much would it cost? What could they do to help you?

Obviously this is a serious matter and your advice is greatly appreciated. I am aware of the laws and have looked up as much as I can but I value your personal input and would like to hear opinions on what would happen realistically.

Thank you for your time.

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….after you get sued for building a faulty house for someone. The judge is in favour of the plaintiff, whose house you built. He rules that you must pay them ,000 to compensate for the cracks in the ceilings & walls and various other mishaps. You then, like a b*tch, file for bankruptcy. Don’t know how to phrase this, but: your claim for bankruptcy is accepted.
Replace the you with defendant. What prompts me to ask this is that the defendant walked out of court saying "You’re not getting one cent" to the plaintiff. Which, for comedic effect, i will add that he got punched in the face :L
Questions:
1) How does the plaintiff get his compensation, in civil law or whatever area of law? Are there alternative ways to gain compensation for this issue other than suing? Obviously the suing did not work out? Like for e.g. in criminal cases you can go to the Victims Compensation Tribunal if suing civilly does not work in your interests.
2) Does the defendant (in bankruptcy) have to sell all his assets and every cent of his future income goes to paying the defendant the compensation? Its only fair..
3) Does he get off scott free?

Thanks in advance Would appreciate it if any lawyers on yahoo could lend a hand in releasing me from confusion and unknowledgability.

Ps. The jurisdicton is NSW, Australia.

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