How do I get a court order?

Asked over 1 year ago - Portland, OR

I was recently hacked and everything was taken from me. When I say everything I literally mean everything. I have gotten everything back besides two of my domain names, the company I registered these domains with have told me they will only give me my account, and domains back with a court order. I have lost approximately 1.5k per month because of my not having these domains, and have easy proof of this. I am trying to find information based on my county and cannot find anything helpful, and I am also flat broke, because of what happened, I hear you can get attorneys that work for free however take a percentage of earnings made from court. Which leads to my next question, can I sue the company at the same time as getting the court order? Any help is greatly appreciated.

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What company do you want to sue, exactly? Your web hosting company may have a contract with you, and may have breached it - there's not enough information here to say - but that doesn't prove that they were responsible for the attack itself.

    You can only successfully sue someone if you can demonstrate that they have engaged in unlawful conduct that has directly caused you a loss or injury. It's not entirely clear from the question just what injury you suffered - "hacked," you say, but when you say "everything was taken from you," I assume you don't mean literally everything - the clothes on your back, your home? I presume you mean, your data. Which is, of course, a potentially valuable asset; but you have to prove just what happened, and who was responsible. So your first step is not legal but technical: have an expert investigate your computer and produce proof of what was done and who did it. If you can prove that your assets were attacked by some entity or person, then yes, you should be able to sue them - though if they don't have any money, then you won't be able to get any money from them.

    As far as attorneys working for "free," that's not quite right. You're talking about a contingency fee - one where your attorney is paid a portion of your total winnings, if (and only if) you win your suit. This is possible, but you will only get an attorney to work for you under such an arrangement if they find that there's a good chance that you'll actually win and be able to collect on a judgment. And even if an attorney does agree to work for you in this way, you'll still likely have to advance some money up front to cover costs - investigators and so on. Oregon ethics rules prohibit attorneys from paying these costs unless they reasonably believe they'll be able to recover them later.

    So assemble all documentation of what occurred, and consult with an attorney who specializes in internet law. But keep your expectations realistic. Not every wrong has a remedy, alas.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Joanne Reisman

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You may not need a court order. You need to talk to someone who specializes in Intellectual property particularly how it relates to the internet. (There are various federal laws that come into play and determine not only your rights, but the obligations of internet providers and companies that register domain names.) I am going to paste in the table of contents from a 2010 seminar I took - the people listed under the various topics are experts on these types of issues. Trying calling them and you should get someone that can help you:
    Introduction - Welcome and Opening Remarks- Presentation Slides Intro-i
    - Marinus Damm, Attorney at Law, Portland, Oregon
    Hypothetical-International Shoe & Sportswear Fact Pattern Hypo-i
    - Michael A. Cohen, Schwabe Williamson & Wyatt PC, Portland, Oregon
    - John C. Motley, Columbia Sportswear Company, Portland, Oregon
    1. Finding the Snipers & Preserving the Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. l-i
    - Barbara A. Frederiksen, Johnson-Laird Inc., Portland, Oregon
    2A. The Risks of Overzealous Use of Copyright Take-Down Notices 2A-i
    - Professor Lydia Loren, Lewis & Clark Law School, Portland, Oregon
    2B. Seven Parts to the Anatomy of a Demand Letter- Presentation Slides 2B-i
    - Martin F. Medeiros, II, Swider Medeiros Haver LLP, Portland, Oregon
    3. Repairing the Target's Public Image- Presentation Slides . . . . . . . . . . . . . . . . . . . . . . . .. 3-i
    - Dianne Danowski Smith, Publix Northwest, Portland, Oregon
    4. Pursuing the Suit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-i
    Chad M. Colton, Bullivant Houser Bailey PC, Portland, Oregon
    - Stephen Kaus, Cooper White & Cooper LLP, San Francisco, California
    5. Online and Electronic Evidence at Trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-i
    - Katherine Heekin, The Heekin Laro Firm, Portland, Oregon If you still can't find anyone let me know and I will ask around for you. http://www.portlandlegalservices.com

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more

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