Good Credit Score
Posted By cjpdjjpx1w on August 24, 2011
Good Credit Score
At some point is always the first time …
Or so I thought as I opened my mail the other day. Since one has actually sued the warning firms my client, who had issued a modified injunction and declaration referred to the opposing colleagues an amount of 100 EUR good credit score.
Before I leave you now advise a long time: It Sasse and colleagues partner were here from Hamburg.
The contents of the complaint is not surprising:
1st The download was about the alleged connection of the defendant.
2nd The applicant is caused by the simultaneous uploading a loss.
3rd The defendant should bear the legal costs incurred.
The damage here was a flat rate fixed at 250 EUR (for the film “Ong Bak 3″) and as an argument value from which to calculate the attorney fees determined the colleagues in the warning EUR 15,000.
As far as the contents of the complaint. Today, the client was to discuss here, is how to proceed. To put the results of the one-hour call away: The client has decided to recognize the claim of the applicant. I have not found good, I would gladly have fought such a dispute to court once, but I can understand the clients fully.
For this step, he has chosen for cost reasons. He asked me what was previously accrued costs incurred in doubt and what still might.
I would like here once the problem for you:
The amount in dispute, the lawsuit is now pending at 1005 EUR. That is what our colleagues want to still like to have. In this dispute is initially three court fees in the amount covered by the 55 EUR to 165 EUR so together. An attorney fee is in this range 85 EUR.
Court costs are already incurred, with a continuation of the process are then added to the date fees and processing fees for the lawyers and we should agree on a settlement, then even the comparative fees.
So now we find ourselves at what would be here all computationally possible.
1st The client gains full
In this case, it would not really matter what comes at cost, because they bear the other side.
2nd Whereas a comparison
Let’s say, the parties entered into a settlement before the court in which they agree that the client of the other side pays for 500 EUR. You meet so at the half. In such a case, the comparison also contains most of the regulation that the costs are mutually canceled.
To this sum would then court fees in the amount of 82.50 EUR and the agreed EUR 500. Overall, the client would then be paying a sum of 960.33 EUR.
3rd The client is subject to full
If the client is sentenced after a hearing, to pay the sum requested by the applicant, as the unsuccessful party must bear all the costs.
To this sum are then the court costs in the amount of 165.00 EUR and sum to the suit. Overall, he would therefore amount to a number of 2396.46 EUR.
Between these numbers there are of course possible intermediates arise if the client is sentenced to a payment that lie somewhere between the amount sued for and should be dismissed.
Then our client asked me the question, what would happen if he was going to say now that he pays. This would be possible through an acknowledgment of the claim. This would have the advantage that
1st no cost to the lawyer’s own cost, if this is before the court is not legitimate,
2nd The court costs are reduced from 165,00 EUR to 55.00 EUR,
3rd occur on the opposite side only a portion of attorneys’ fees.
With the cost of opposing counsel and the court fees, the client would be reduced here to a numerical value of about 1300 EUR.
We then considered the points at which one could still “turn” to convince the court that the sum claimed by the applicant is considerably too high. However, even the client was aware of the unsettled jurisprudence in matters of copyright warnings. He therefore wanted to bet, to be condemned here considerably from the sum anweichend lawsuit, not involved and decided to accept the claim.
Conclusion
So it’s exactly as I tell my clients again and again: It is rare that the opponent’s colleagues complain, but ruled out anything. The best way to avoid the remains, not even to use file sharing systems for illegal downloads and uploads.
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