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Posted: Fri 14:52, 11 Oct 2013
Post subject: louboutin Domain Name Levies - written by Mark Sha
Domain Name LeviesArticle Summary: My opinion is the reason internet domain names alone can't be levied in real life is because they are leased, not actually owned by the 'owners'. That becomes clear when you don't [url=http://www.louboumaterialistanyc.com]louboutin[/url] pay for the annual domain registration and lose the domain.
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Mark Shapiro of - The easiest and fastest [url=http://www.mxitcms.com/abercrombie/]abercrombie milano[/url] free way to find the right expert to buy or recover your judgment.
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Mark Shapiro Article Feed :
What can you do your judgment debtor seems to conceal their assets and income, although they have some nice internet domain name and web site? Could one get the county Sheriff garnish the debtor's internet domain name to repay the judgment? Theoretically it works, however in the real world it may not work. My articles are my opinions and are not, a legal opinion. I'm a judgment referral expert, and not an attorney. When you want a strategy to use or legal advice, you should contact an attorney.
Over several years, I have read in many places that you can garnish your judgment debtor's internet domain name, however I've not heard of it actually working in real life. In the past, I went to [url=http://www.mquin.com/saclancel.php]lancel[/url] a training session where the instructor was a lawyer telling judgment enforcers and lawyers the way to garnish domain names, with sample court motions to do that. The only snag is, over the years, I have spoken to several recovery experts and lawyers that told me they tried that motion template and advice; and then judges denied their motions. A guess is, maybe web site and/or internet domain name garnishments may end up being a standard legal procedure, with a box to check on writs of execution someday.
Now, it's no longer the internet domain name, it is [url=http://www.rtnagel.com/airjordan.php]jordan pas cher[/url] what you accomplish with it. For example, when you search on the net, you do not often visit search.com. Although it is a great searching site, instead you probably visit Google, Yahoo, or Bing - to search for anything, because those companies worked hard to add value to their internet domain names.
My opinion is the reason domain names alone cannot get levied in the real world is because they are rented, not actually the property of the "registered owners". This is made more clear if you don't pay for the yearly domain registration and lose your internet domain. Instead of trying to garnish the debtor's domain name alone, try to find the way that web site for that internet domain makes their income, and the way to attach or levy the income. Here is a bit of theory on the way to garnish just an internet domain name:
California's EJL (Enforcement of Judgments Laws) do not provide any way for the judgment owner to "reach" the property of a judgment debtor's internet domain name. The current theory appears to be that [url=http://www.louboumaterialistanyc.com]louboutin pas cher[/url] a noticed motion for a turnover order can result in the judge ruling that debtor to give up all rights, title, and interest for a domain name; and to do everything necessary to accomplish [url=http://0204.boss5168.com/cgi-sys/suspendedpage.cgi?mod=spacecp&ac=blog&blogid=]moncler outlet No Credit Check Personal Loans Get[/url] this.
That kind of motion might get named [url=http://www.ilyav.com/uggsoldes.php]ugg pas cher[/url] something like: "Order Transferring Rights To Domain Name". The motion with a proposed order would be done with pleading paper, ordering the debtor to contact their domain vendor to move the debtor's ownership interest in that domain by completing any needed forms to cause the transfer. Such a motion and proposed order would specify the debtor will take the required action to transfer such [url=http://www.hi-ho.ne.jp/cgi-bin/user/toyoura/joyful.cgi]hollister Time for the Volksw[/url] title, rights and interests (their bundle of rights) in their domain name. As with any other judgment debtor property levy, this asset will have to be sold by a levying officer.
Adding a proposed restraining order in such motions [url=http://www.mquin.com/saclancel.php]lancel pas cher[/url] may be a good idea, with clauses that take effect at the time of the issuance of the turnover order. The restraining order clause may say that the debtor can't take any action whose effect is to move, [url=http://www.thehygienerevolution.com/barbourparis.php]barbour paris[/url] alienate, hypothecate or otherwise hinder the right, title and interests in [url=http://zmder.xhycar.com/forum.php?mod=viewthread&tid=2392353&fromuid=51154]louboutin pas cher Pop The Cork For Cork Floors - written by Vikram Kumar[/url] the [url=http://www.mxitcms.com/tiffany/]tiffany[/url] domain name of example.biz, in favor of another entity or person except the Sheriff of County, in order to be sold at auction; and it is furthermore adjudged, ordered, and decreed: that such actions in violation of this restraining order will be punishable as a contempt of this court and its order, on proof of any occurrence by the judgment debtor.
Some judges don't like to sign proposed orders that include contempt clauses for when your judgment debtor doesn't obey the court [url=http://www.achbanker.com/hollister.php]hollister france[/url] orders, and this doesn't seem right to me.
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