Battling an extremely vengeful judgment creditor and their frivolous fraudulent transfer case over intangible personal property (domain names). They filed it even though they refused payment for the domains prior to the alleged transfer, and the domains were appraised at $0.00. Creditor and attorney are highly upset because I fought back and exposed them as trademark bullies, and the case has received international headlines. So they're doing their best to harass and quiet me. But in California, domain names are not collectible assets unless the domain name registrar or registry is headquartered in California (see: Office Depot, Inc. v. Zuccarini (9th Cir. 2010)), and court denied my anti-SLAPP motion even though creditor is trying to limit my right to free speech (the domain names are used to inform others about their trademark bullying, etc).
What to do if ..... Has a fraudulent transfer case been actually filed? If so, you must defend against it. You are in deep water, my friend. This blog is not a substitute for retaining your own attorney. Perhaps you might be entitled to punitive damages and atty fees if you prevail. Good luck to you.
You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
Obviously, you should defend the law suit. You can also send a Rule 11 letter to the plaintiff advising the attorney that you contend that the complaint or other pleading violates Rule 11, assuming the complaint does violate Rule 11. If you prevail and establish that fact, you can then file your motion for sanctions.
To my knowledge every state has Rule 11, or some variation of Rule 11 in the rules of civil procedure for that state. In our state, we have Rule 11 and a statute called the Litigation Accountability Act, which also requires a warning that the plaintiff has filed a frivolous suit. If the plaintiff continues his/her/its suit and the defendant prevails, a law suit against the attorneys and the plaintiff can be filed. Our firm was one of the firms that assisted an individual that was granted a $250,000.00 judgment against the original plaintiff and his attorney.
If you have the potential of pursuing Rule 11 sanctions and/or a suit against the plaintiffs under a law similar to our law described above, you may be able to find an attorney that will represent you on a contingent basis. You should at least meet with an attorney that handles this type of litigation. Use the Avvo "Find a Lawyer" link to help you with your search for an attorney.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
I concur with the recommendation of my distinguished colleague, attorney Robert W. Gambrell. My learned colleague has provided you with a comprehensive and eloquently written statement in answer to your question(s). To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced CA attorney. You should carefully read the answers which you were furnished by my colleagues to help you decide on an attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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