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Need some Guidence. If I file a Counter Notice

Discussion in 'YouTube' started by sapo, Apr 5, 2012.

  1. sapo

    sapo Power Member

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    What happens Next?

    Say I file a counter Notice and he/she doesn't retract the claim, Do we go to court? Or can he/she simply deny the counter notice and the burden of proof falls on me.

    I want to know how this process works before I get myself into something too deep?

    At what point do we go to court?
     
  2. Dark Lord

    Dark Lord Junior Member

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    Not sure why this is in the YT section, where you're from or exactly what this pertains to, but here's how the process basically works in the USA. (Please note I am NOT providing any legal advice and any such advice should be rendered by a competent attorney in your jurisdiction.)

    The plaintiff (them) files suit against you. You are served notice of the suit, usually in person, and given a certain amount of time to respond to the allegations and a court date is set for the case to be heard. If you don't respond, the judge can and most likely will enter a "Default Judgement" against you. That means the Plaintiff has won the suit by default and they can then proceed to attempt to collect the judgement awarded to them by the court. On the other hand, if you and the Plaintiff work things out before going to court, the mutual agreement is usually filed with the court and the suit is dropped. If you don't adhere to the agreement, the court can intervene and re-open the case at the request of the Plaintiff.

    A Counterclaim in which you are the Plaintiff, will be judged on its own merits by the court. The Defendant (them) cannot deny the counterclaim, but the court can reject the counterclaim if it so sees fit. Usually a claim and any counterclaim is heard by the court at the same time and the court will sort out what pertains to what.

    Of course, this is all a matter to discuss with counsel (your attorney).
     
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    Last edited: Apr 5, 2012