Hello my name is ***** ***** I will help you with this.
Do you have his name and address please?
Don't give it to me here, but do you have it?
I have not contacted him as yet - I presume he has been contacted by the torrent site when I issued a DCMA to them
Ok - then you could do one of two things:
1) Get a UK lawyer to write and ask for compensation for the loss
You can find out here:
2) Take the matter to Court
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. Over £10,000 as this is you will need a lawyer to bring the claim and run it for you
Can I clarify anything for you about this today please?
if I won the case, he would also be liable for court costs? He wont have 45k to pay or probably any money for court costs, so what happens then? He appears in court, loses the case, is liable but cannot pay?
Yes. The rule is the losing party pays
Depends on whether he has any assets. If so then you are fine. If not then you can't recover the compensation and costs
Sadly this is a litigation risk
if total with legal costs etc was say $50k & his assets only cover $10k, what happens with the other $40k? Does the court enforce payment? or terms of payment?
If he doesnt have it, you have to pay to enforce it.
You can make him bankrupt, but again you have to do it and pay those costs.
If he has no assets, he has no assets
Can I clarify anything else for you?
As a realistic, workable approach be this:contacting him & asking for US$750 (the value of my content that he is in possession of) immediately or I pursue the full $45k of damages, advisable?
Or is that effectively extortion?
Yes you can do that.
The $45k of damages would be endlessly debateable
whereas the content he has of mine is not
Ok thanks, ***** ***** legal fees
1. conatct him asking for US$750, if he doesnt pay 2. get a lawyer to send asking for $750 in both situations threatening a full court case
OK thanks for your help, much appreciated!