How should I get my stolen names back from eNom?

[kwok]

Back in September last year, I sold 5 3character domains here to a scammer, who paid for the names with a stolen Paypal account. I contacted eNom and local police, and finally got the scammer's account frozen; however, eNom won't return the names to me unless I can get a court order. How should I get proceed to get a court order in order to get my stolen names back from eNom?

 

[VirtualT]

seeking advice from a lawyer familiar with dealing with cases like these is probably a good start

 

[Raider]

I remember helping you with this case Kwok, I'm glad they froze the domains for you, where is the DNS now pointing?....The best people to answer your question would be the domain Attorneys on this board.

I would think you could file a small claims action, where the defendent would not appear, and the judge would grant the order, I could be wrong though.

 

[Dave Zan]

I don't mean to sound rude, but the answer's staring right in your face, kwok.
I don't know what you're waiting for, but get a competent lawyer working on
this right away.

The longer you're not taking action on this, the longer those names are going
to stay put with eNom. This is a legal matter, not a techical one.

Good luck. You're going to need it, lots of it.

 

[kwok]

Are there any lawyer here can do this case for me for $500 or less? These domains may cost about $500 in today's market, but I want to get them back so the scammer won't get away with it. The local police has contacted the FBI and the scammer is located in Europe. If you are an attorney and willing to take this case for $500 or less, please let me know. It is a matter to get things right and not letting criminals to get away with what they do. Thanks for all your support.
Best regards,
Will

 

[Steen]

I sure hope you can pursue this in (local) small claims. Any other action will probably be quite costly.

 

[labrocca]

You could probably do this yourself. Do some research on how to file a case. People think you need a lawyer to represent you but the US system doesn't actually require one to represent yourself. You got nothing to lose by do the filings yourself. The scammer won't defend it.

 

[JRBHosting]

Eh, if the scammer does defend it and you lose, double jeopardy kicks in and the domains are his until eNom decides otherwise...you can't bring action past that point.

Get a lawyer if the domains are meaningful.

Jason

 

[namestrands]

I would love to see the scammers defence..

"yes your honour I did buy the domain using a stolen paypal account, but in my defence i done it in good faith"

Labrocca is right, contact a lawyer for some free legal advice, I would think even in US some would give a free consultation, or even contact your local university law department. Get something in writing from Paypal to confirm that the account was used to commit fraud.

You could also consider arbitration against ENOM.

 

[Raider]

Kwok, Go got to your local courthouse, most offer free legal assistance, and ask what you can do to obtain a court order. I'm sure you can do this by yourself, saving the expense of an Attorney. Also, look into the statute of limitations for your state, making sure that time doesnt run out.

When the defendent doesnt appear, which I know he wont in this case, you will need to present evidence to the Judge, if its credible, it will usually go in your favor...but seek that advice first.

 

[BidNo]

Kwok, looks like you're getting sound advice and I just wish you success! Go get 'em!