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Developer
Posts: 142
Registered: ‎07-27-2011
My Device: Red Z10, 32GB PlayBook, Numerous Android/WP8/FirefoxOS/Other devices

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

That's a strange response.
Have you considered contacting an attorney in the area? They probably can search court records bid they do federal cases, and would imely check that for you for free (cuz if it's real they'll need an attorney).
Also, maybe contact the state Attorney General and see if you can initiate criminal charges against the guy if it's fake.
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Contributor
Posts: 30
Registered: ‎12-14-2010
My Device: Not Specified

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

[ Edited ]

I asked them again

"Does that mean that the summons is fake?

One more question, was the scanned copy of the summons letter in my first email issued by the court?"

 

Their response

Unfortunately, The Records department
can not provide any sort of advice legal or otherwise.


Thank you,
Correspondence Clerk

Contributor
Posts: 30
Registered: ‎12-14-2010
My Device: Not Specified

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

[ Edited ]

@scrid2000 "(cuz if it's real they'll need an attorney). "

You mean I will need an attorney LOL

Developer
Posts: 188
Registered: ‎04-07-2013
My Device: BlackBerry Z10

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

[ Edited ]

Hey, I have contacted an attorney in California, and showed him the summons letter.

 

Here is what he said

 

This is bogus, fake, whatever you want to call it; everything about it is completely wrong and faked.

 

1. Mostly obviously this is NOT a FEDERAL court summons. It is a form for the CA STATE Courts. The faker is trying to pretend its a federal court summons. An actual Federal Court Summons looks like this (see link http://xxxxxxxxx) That summons from the link is the closest case I could find for nextGen having any case in the Central District

 

2. The case number is fake. Using my account at the Central District there is no such case, parties or anything else that is correct. From the dates (which are in the future) to the seal which is photo shopped in. By the way the case number cannot exist as the CV08- has the ending 52684. The Central District does NOT have numbers that go to 52684.

 

3. Otherwise service by email of a summons is not disallowed. FRCP 4 (f) (1) states service can be "by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or (2) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:

 

About the last point. Obviously the issue for you is not whether your country has signed the Hague convention and this was proper service. I'd ignore the email just do not respond to it.

 

Lastly, REPORT this person to the California State Bar for unlawful practice of law. Only Attorneys or the Court can issue a summons and the Court obviously did not issue this summons.

 

 

jayvdiyk.com
Contributor
Posts: 30
Registered: ‎12-14-2010
My Device: Not Specified

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

Thanks my man! I owe you one!
Developer
Posts: 142
Registered: ‎07-27-2011
My Device: Red Z10, 32GB PlayBook, Numerous Android/WP8/FirefoxOS/Other devices

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

There you have it then.
I'd contact the state attorney general as well as the California state bar if I were you, that kind of behavior needs to have serious consequences.
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Developer
Posts: 188
Registered: ‎04-07-2013
My Device: BlackBerry Z10

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

Eddy, no problem. Got some friend there
jayvdiyk.com
Contributor
Posts: 30
Registered: ‎12-14-2010
My Device: Not Specified

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

@jayvd, Thanks for the help, can't thank you enough!

@scrid2000, Thanks for the good pointers

@jtegen, Thanks for the thorough explanation and precaution steps you pointed out.

@rhearty Thank you for the response, will be waiting for a resolution soon
Developer
Posts: 188
Registered: ‎04-07-2013
My Device: BlackBerry Z10

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

"I'd contact the state attorney general as well as the California state bar if I were you, that kind of behavior needs to have serious consequences. "

I would do what scrid2000 said if i were you, but then, its up to you. Cheers
jayvdiyk.com
Contributor
Posts: 30
Registered: ‎12-14-2010
My Device: Not Specified

Re: Unfair and Unhealthy Competition from a Developer Called nextGen

[ Edited ]

Still waiting for a resolution from BBW team before I decide anything
Thanks again for the help!!!!!