In the Federal Court System a defendant is given 21 full days to properly Respond to a lawsuit.
Opinion by Consumer Advocate Tim Bolen
Let’s assume, for the moment, that since Stephen Barrett was sued by Doctor’s Data on June 18th, 2010, that he was served with papers on the 19th, the next day. Counting 21 days from that moment brings us to Monday, July 12th, 2010 – the deadline for Barrett to hire an attorney who can practice in Federal Court in Chicago, Illinois, and prepare, and submit a Response to the Court. That’s eight days from now – and Barrett does not even have an attorney yet.
What happens if Barrett does not Respond? (I’m getting all excited thinking about this).
If Barrett does not Respond then Doctor’s Data simply files for what is called a “Default Judgment,” asking the Court to award everything they asked for – the Five Million in Damages, the Fifteen Million in Punitive Damages, and a permanent Injunction barring Barrett from talking about Doctor’s Data, etc.
The Judge’s answer is almost automatic..
Once the Judge issues the Default Judgment and the Permanent Injunction Doctor’s Data, through their attorneys, will go into the “Judgment Collection” phase, using an attorney firm that specializes in draining blood out of reluctant Defendants. Barrett will meet a lot of people who have tattoos on their faces in the process of collecting Stevie’s furniture, his car, his Mont Blanc pen, and the gold fillings from his teeth.
What about that Permanent Injunction?
Let’s think about that. Most people’s first thought would be to just have the Judge take down all of Barrett’s sleazy websites for all time. But I want to suggest a better idea.
Why not force Barrett to put a statement, approved by the Court, at the TOP of every one of his internet pages that says:
“Stephen Barrett, the author/editor of this page, has been officially declared by the US Court System (NCAHF v King Bio) to be “biased, and unworthy of credibility.” Hence, use of any material found on this page, except for this message, for any purpose, can be hazardous to your legal health.:
Barrett, when offered an opportunity in a US Federal Court, to Defend his bizarre offerings, failed to Respond.”
My sense of humor is getting away from me here… Of course Barrett will lawyer-up.
Or, will he?
Stay tuned.
Tim Bolen – Consumer Advocate