Law Office of Joseph J. Gentile

Law Office of Joseph J. Gentile Providing clear, practical, affordable legal advice to small/medium businesses and recording/visual

01/27/2026

NOW JUST HOW LONG DOES A COPYRIGHT LAST?

Previously, we discussed how long a trademark registration lasts. Today, we are going to talk about how long a copyright lasts. The short answer? A really long time.

As I’ve mentioned before, a copyright is the bundle of rights that spring from a work- i.e. a book, a song composition, a sound recording, a statue, etc. The rights that spring from a work vary slightly depending on what kind of work is at issue, but the “biggie” rights are: the right to distribute a work; the right to duplicate a work; the right to publicly perform a work; the right to make derivatives of the work.

But, how long do those rights last? Generally speaking, for a work created on after January 1, 1978, a copyright lasts the life of the author plus 70 years- so a pretty long time. After this time, the work enters the public domain, which means anyone can use the work for free. (The rules are different for works created before 1978). So, if someone wrote a book in 1980, and passed away in 2014, the work would be protected until 2084, meaning the author’s children can enjoy the value of the copyright for years to come.

One exception is if a work is a work made-for-hire. Works made-for-hire are a limited number of works which, generally, are when a work is made as part of employment (i.e. animators at Disney), and the work is owned by the company, not the author. Copyrights for works made-for-hire last either 95 years from the date of first publication or 120 years from the date of creation, whichever is earlier.

So, because a copyright lasts so long, it is crucial to protect said copyright by registering it with the US copyright office. There are many benefits to registering a work with the copyright office. Just some of them are: proof that a work existed at least as early as the time of your application; rebuttable presumption that you own the copyright and it is valid; the ability to file a lawsuit for copyright infringement; public notice of ownership of the copyright; and for me, my favorite, the ability to elect statutory damages, as opposed to actual damages, in the event of copyright infringement.

Plus, it is really cheap to register a work… or even a full album. So, if you have a work that has value to you, and especially if you are marketing the work, you should have our firm register the copyright for you… it sure lasts a long time.

The Law Office of Joseph J. Gentile has filed thousands of copyright applications. Contact us for a free consultation: [email protected]

10/29/2025

NOW JUST HOW LONG DOES A TRADEMARK LAST?

As I’ve said HUNDREDS, or THOUSANDS, of times before, if you have a company, or band, or a brand, or any sort of thing that you put time and money into, and you want it to last, you should register your trademark. Trademark registration comes with many benefits and the biggest ones are a) the ability to stop others from using your name; b) the ability to stop others from stealing your name from you! There are a lot of other benefits, as well.

But… once you have a trademark, how long do you get to keep it?
Each of the three main types of federal intellectual property- patent, copyright, trademark – have a different lifespan. A patent only has protection for roughly 20 years, depending on the type of patent it is. Copyright has a much longer lifespan, with most copyrights lasting the life of the author plus 70 more years.
But trademarks can last FOREVER!

EXCEPT… unlike copyrights, trademarks must be MAINTAINED. Basically, that means three things:

1) USE – In order to maintain your trademark, you have to use it. What that means is that your mark needs to be associated with your goods and services in the marketplace. Generally, that means that if you sell goods, your trademark should be on the goods or the goods packaging somewhere, or on a label attached to the goods. If you have a service, the mark should be displayed in your physical location, or if you don’t have a physical location, the mark should be prominent on your website and advertising.

2) POLICING – This one is simple. With great power comes great responsibility and with great trademarks comes great accountability. That means if someone else is using your trademark, or a confusingly similar mark, it is incumbent on YOU to make that stop. Usually the way you do that is you have your attorney (me) send them a nasty letter that says, “knock it off!” And, if they don’t knock it off, then you MAKE them knock it off, capiche?

3) Maintenance filings – The USPTO requires you to file regular declarations that say your trademark is still active. These filings are due between year 5 and 6 of the trademark being granted, and then between year 9 and 10, between year 19 and 20, between year 29 and 30, and so on. These are relatively easy to file forms that your attorney (me again) can file for you at a relatively low cost.
If you don’t do the above listed requirements, you WILL lose your trademark. But, unlike cars or computers, if you do maintain your trademark, and it does get older and older, it will get stronger and stronger. That is, the longer a trademark lasts, the more it is used, and the more it expands into new services/goods, the more powerful it becomes.

So, of course it is important to register your trademark. I cannot tell you how many headaches have been avoided for my clients who HAVE registered their trademarks. But, it is equally important to maintain the trademark as well.

And, it’s not even that much work- all you have to do is say, “John, can you help me maintain this mark? I don’t want to deal with it!” I guarantee you that I will say yes.

The Law Office of Joseph J. Gentile has filed thousands of trademark applications and has maintained many, many, many of them. Contact us for a free consultation: [email protected]

09/18/2025

PAY ME TO REVIEW YOUR CONTRACTS!

Usually, when my law office does info posts, it is presented as a sort of general guide without any self-interest from the law office- a lot of other offices take this approach as well.

Well, today is different. It is different because I am about to touch on an extremely important issue. YOU SHOULD PAY ME TO REVIEW YOUR CONTRACT AND/OR LEASE. IF YOU DON'T YOU VERY WELL COULD BE SORRY.

From what I’ve seen over the past five years, record contracts are getting more and more oppressive towards the artist. As money is in shorter supply for both physical and digital music sales/distro, record labels are tightening their squeeze. Some labels are demanding to own albums outright. Some are demanding longer terms for the contract. Some are cutting into more than just record sales- t-shirts, touring, sync-licensing, etc.

(I’ll also add that this does not just apply to the music world. It applies to leases, licensing deals, partnerships, and anything other kind of contract there is.)

That is to say, it is more dangerous to sign a contract now than ever- and that’s not to say that you SHOULDN’T sign a contract. As I’ve stated countless time, having a written contract is ESSENTIAL in any time period, but especially in 2025.

So, that means, you should know EXACTLY what you are signing. You don’t want to give away your record “for free.” You don’t want to commit to more than which you intend. You don’t want give a label a slice of your merch profits.

So, when you do sign a contract, you are singing a dela that will last for years, or even forever. You are signing a contract that, while it may not say it on its face, could be responsible for the earning of tens of thousands of dollars, hundreds of thousands of dollars, or even millions of dollars.

So, that means, when it comes to getting a contract, THIS is not the place to be cheap. A contract can control your life for the next five, ten, fifteen, twenty years. It can control large and massive amounts of money.

So, when something is of such size and time frame, doesn’t it make sense to pay a little bit of money upfront to understand how your life will be affected over the next number of years? Leases are another great example. Say you have a three-year commercial lease at $2,000 a month? That means you are pledging $72,000 over the next 36 months. Doesn’t it make sense to pay a little but now to make sure everything is on the up and up. Frankly, the cost to review a lease is negligible compared to the amount at stake. Ditto for record contracts, management contracts, and pretty much any other kind of contract there is.

A few hundred dollars now can save you years and thousands and thousands of dollars in misery. And you might say, “john, you’re just trying to scare me!” I AM trying to scare you… about a threat that is very real that many well-meaning people don’t see until it’s too late.

The Law Office of Joseph J. Gentile has analyzed thousands of contracts… and no one has ever been sorry that they paid for that service, let me tell you. Contact us for a free consultation: [email protected]

08/07/2025

THE SALE OF FAT WRECK CHORDS UNDERSCORES THE IMPORTANCE OF HAVING A WRITTEN CONTRACT… YET AGAIN

It’s a big summer for the punk rock world. Fat Wreck Chords, a bastion of ‘90s and ‘00s punk (as well as an entry point into the genre for many people) has sold its catalog operations to Hopeless Records. (Notably, Fat is retaining its trademarks and will be conducting non-record label business operations, such as festivals).
This underscores just how massively important it is to have a written contract for your record… even if, and especially if, the record label owner is your friend.

In the punk and indie world, the written contract is often seen as “corporate” or “evil.” This is foolish. Interestingly, we do not see this philosophy in the pop and Hip Hop worlds.

A contract, like any other tool, is not “good” or “bad.” It’s how you use it. You can use a hammer to built a house or smack someone in the head. To that end, a written contract is ESSENTIAL to avoiding problems in the future. A contract let’s both sides of the table know exactly what their rights and responsibilities are.

This prevents misunderstands, such as when one side thinks the other side will do something, when that side doesn’t think it has to do that thing. Also, in the case where one party does fall down on the job, you have a record of that shortcoming, as well as a prescription for how to remedy that issue.

That is, while many people think contracts are a tool that lets one side be sneaky, they are actually the opposite- they spell out each side’s rights. That being said, a contract can be written to be unfair or one sided- but that same thing can happen if there is no written record. All which is why you need to have your attorney review any contract you have before you sign.

But, there’s an even bigger issue at hand. Let’s say you feel that you don’t need a detailed contract because the record label owner is your friend… what happens when your friend sells the record label to a third-party that you don’t know? What happens when your friend brings in another business partner? What happens when your friend just stops responding to your emails and sending out royalty statements?

That’s the exact circumstance that every band on Fat is facing right now. Now, to be fair, Fat has been very cool and paid off all artist debt and has a provision where all bands currently on FAT have an option to put out a record with Hopeless.

But, how about the catalog that used to be on Fat that is now owned by Hopeless. Hopefully, the bands on FAT all had detailed contracts specific to their situation. Just because FAT was nice to bands doesn’t mean future purchasers will. And, maybe Hopeless has the right to re-sell the catalog to someone else.

Bands that have vague, or even oral, contracts may have a real problem on their hand as to what to expect. Meanwhile, bands that have contracts tailored to their exact situation, can enforce their rights and expectations no matter who is on the other side of the table, which can, and often does, change at a moment’s notice.
The point being, even if the record label head is your best pal, get a written contract and have your attorney go over it with you, before you sign.

The Law Office of Joseph J. Gentile has analyzed thousands of contracts… and no one has ever been sorry that they paid for that service, let me tell you. Contact us for a free consultation: [email protected]

05/05/2025

WHAT IS COPYRIGHT "PRE-REGISTRATION?"

I’ve written many, many, many articles on the benefits of registering your copyright. I’ve said it before and I’ll say it again- if you have a song, or a book, or an album, or some sort of film, or anything of value that is eligible for copyright registration, YOU SHOULD REGISTER YOUR COPYRIGHTS WITH THE COPYRIGHT OFFICE.

But, you can only register a work AFTER it is published.

(“Publishing” basically meaning the work is released to the public in some form).

However, in 2005, the copyright office allowed certain types of works to be “pre-registered.” The new laws that allowed for pre-registration were created in response to the rise of the internet. People were leaking songs and movies before release. Until 2005, copyright holders’ hands were tied against chasing down the bootleggers since you could not register a work until AFTER it was published. So, now, since 2005, certain types of works can be “pre-registered.”

The types of works that can be pre-registered are: motion pictures, sound recordings, musical compositions, literary works, computer programs, advertising photos.

Some of the benefits to pre-registration are: 1) If your material gets stolen or leaked before release, you can still take action against bad actors before the work is released; 2) In the event your work does get stolen or leaked, you are able to utilize statutory damages against infringers (as opposed to just “Actual damages.”); 3) You have proof that a work existed as of a certain date and time. There are other benefits as well.

Notably, PRE-REGISTRATION is not a substitute for REGISTRATION. Pre-Registration only protects a work before it is published. You still need to complete a copyright registration application AFTER a work is published.

All of that being said, pre-registration, while perhaps not as essential as copyright registration, can be useful if you have the type of work subject to theft, leaking, and the like. It is a low cost step that should be seriously considered if you are putting significant amounts of money into a work. And as always, REGISTRATION is ESSENTIAL for any work that you care about, have put money into, or have put in sweat equity.

The Law Office of Joseph J. Gentile has filed hundreds and hundreds and hundreds of copyright applications and pre-registration applications. Contact us for a free consultation: [email protected]

04/24/2025

PENNSYLVANIA NOW REQUIRES LLCs TO FILE AN ANNUAL REPORT

Good news, everyone! (Be sure to read that in a Professor Farnsworth voice). Pennsylvania is now requiring yet another type of filling. As you know, due to scammers, increasing issues involving fraud, and tax regulation, both federal and state governments are requiring more and more reporting from individuals, LLCs, corporations, and other entities.

Well, Pennsylvania is stepping up its game, too. Starting in 2025 (and as created by a law signed by Governor Wolfe in 2022), practically all Pennsylvania LLCs are required to file an Annual Report. (Very, very rare exceptions exist for a very limited number of LLCs that do not need to file an Annual Report- if you are reading this, there is about a 99.9% chance you do need to file an annual report). Now, to be fair, most other states, including New Jersey and California, have required annual or biennial reports. Now, PA is, too.

The main purpose of this is to keep information on the hundreds of thousands of PA LLCs up to date. This may be a good thing because there are so many scams and there is so much fraud going around. This move may help to cut down on the scam letters you, and the average citizen, receives.

The deadline to file the report is September 30, 2025. Failure to file the annual report will eventually result in the dissolution of the LLC. Meaning if that happens, your LLC will no longer exist!

So, needless to say, filing the report is essential. While it may be somewhat annoying to have yet ANOTHER annual document to file, in a way, the PA annual reporting requirement can be used as a sort of check point. At this time, we can review your LLC and make sure everything is up to date, see if anything needs to be amended, and see if we need to change anything. Perhaps we can view the annual reporting requirement in the same way you are required to inspect your car every year- it’s a good time to make sure all the nuts and bolts are still tightened.

So, filing the PA annual report is absolutely necessary If you are a PA LLC. We can do this for you and, frankly, it is an inexpensive filing. So, be sure to reach out to us to make sure your LLC is still in tip top shape and to get this annual report filed!

The Law Office of Joseph J. Gentile has filed many, many, many annual reports in New Jersey and California… and now Pennsylvania, too. Contact us for a free consultation: [email protected]

04/15/2025

D.A.S. (Destroy All Scammers)!!!

Scammers! I hate them, I hate them, I HATE them! Sadly, the number of scams and scammers has risen exponentially over the past 3-4 years! And, what with AI making scamming all that much more efficient, it’s only going to get worse. That means, in the field of small and medium business, there are scammers everywhere and you need to look out.

For businesses, and bands that functions as businesses, there are “official” looking scams coming at you at all angles. I’m not trying to put you into a panic, but scammers are sending out “official looking” documents that look like they came from the USPTO, the copyright office, IRS, Federal Government, state government, and even agencies that don’t exist.

What with scammers illegally using the federal government’s name, the various state governments, the USPTO’s own trademarks, you’d think that at least one of those agencies would make concerted effort to help protect you against nefarious creeps. Well, they haven’t, and especially in the USPTO context, the threat is worse than ever and that means predators are everywhere looking to illegally get your money.

As Harley Flanagan wisely said in a recent Cro-Mags album “no one’s coming to save you”… Well, except me. John Gentile. your attorney. I am coming to save you.

Below I am listing some common scams, but if you are ever in doubt, just ask me! Here are just SOME of the more common scams sent out by scamming jerks for which you should be on the lookout:

TRADEMARK CANCELLATION/RENEWAL/APPLICATION SCAM: Over the past 10 years or so, scammers have really upped their focus on USPTO scams. USPTO filings are public, by law. So, scammers review these filings and then send you, the trademark applicant, an fake “invoice” that looks like you owe the USPTO money (usually about $1,000-$3,000). Of course, the USPTO does not send people letters shaking them down for filing fees. If you apply for a trademark, or if you have a trademark registration, there is about an 85% chance that you will receive one of these “official looking,” but totally bogus letters in the mail or e-mail. All USPTO correspondence is done via e-mail and it all is supposed to go to me, your attorney. If you are my client, and you get a letter from what appears to be the USPTO, there is a 99.9999% chance it is a scam!

BOTH-SIDES-OF-THE-FENCE TRADEMARK APPLICATION SCAM: In this scam, a third-party trademark application company sends you a letter that says a company with a similar name has already applied for a trademark registration and if they get it, you will lose your name. So, they say, you should hire them and apply for a trademark right away, and if you do, you will get your trademark registration. (FYI, this is NOT how the trademark application process works). Meanwhile, the scammers send an identical letter to another company that does happen to have a similar name as you and says that YOU have already applied for a trademark application. See? Get it? The problem here is that one party usually does fall for this scam. So, if you get one of these letters, contact me so we can file your trademark application, because you don’t want the other side to take the bait and actually file an application before you can.

LLC REGISTRATION SCAM: This scam is similar to the TM filing scam. Scammer swill review public LLC filings and then send letters to new LLC owners saying they owe some sort of fee or invoice. As always, if I am your attorney and I file your LLC for you, real, official communications will go to me directly.

BOIR FILING SCAM: The BOIR (“Beneficial Owner Information Report”) is a new filing for LLCS required by the Federal government. (Right now, the states and Fed are litigating over whether the BOIR can actually be allowed). While this is going on, Scammers are contacting LLC owners and offering to file their BOIR for like $400-$600. On top of that, some scammer shave made very official looking websites that look like it is a Federal government site to submit BOIR info but it is actually a third-party scammer. Worse, sometimes these scammers charge a monthly, quarterly, or annual fee. This is heinous- the B OIR filing is a one-and-done type filing. There is no recurring fee. Frankly, just pay me to file the BOIR for you. It is very cheap.

Sadly, there are many, many, many more scams than this, and there are scams that Are derivates of the ones above. I might do a part 2, 3, 4, 5, 6, and 7 of this article.

If you are a client and if you EVER get some sort of letter in the mail that appears to be from some sort of official entity, let me know and I will review that document for FREE for you. And there is a really good chance it will be a scam. Scammers! I hate ‘em! I hate ‘em! I hate ‘em!

The Law Office of Joseph J. Gentile has reviewed HUNDREDS of letters that appear to be scams for clients. To date, 100% of them have actually, indeed, been scams. Do not hesitate to reach out if you have any questions about a “bill” or “invoice.” Contact us for a free consultation: [email protected]

04/01/2025

DON’T SIGN AWAY YOUR PUBLISHING… UNLESS YOU ARE GETTING A REALLY GOOD DEAL

About a week ago, I got to see Derv Gordon of the Equals do an all Equals set. If you don’t know the Equals., they were probably the first rock band in the UK to have black and white members and they released DOZENS of killer, snappy, ripping singles in the mid and late ‘60s. Many people reading this might know the hit “Police on my Back,” which the Clash recorded and made huge.

Derv started out good and by the end, after warming up and getting in the groove, was GREAT. He sounded really good, the band played all the Equals’ hits, and the backing band was a bunch of revved up young guys.

But interestingly, a few times during the show, Derv COMPLAINED that other bands had taken Equals hits and made them much bigger- namely the Clash. He introduced that song with a monologue where he said “We are the originators… not the copiers!”

I was a little surprised by that statement because, for the most part, a band should be thrilled when a bigger artist makes their song a hit. The reasons for this are 1) that “big hit cover” fame often does trickle back down to the original band, and 2) more importantly, that means boku publishing bucks!

As I detailed in an earlier article, “Publishing” is the set of rights/royalties associated with a song composition. So, when a big band covers another band’s tunes, the writer of that song makes a LOT of cash. Go ask Dolly Parton about the time Whitney Houston covered ”I will always love you.” Or, go ask The Arrows about the time Joan Jett covered “I love rock n roll.” Any time a physical copy of “I will always love you” or “I love rock n roll” sells, Dolly and the Arrows get money. Ditto for any time those songs are played on the radio or streamed. Ditto for any time those songs are played at Sports stadiums… or are used in commercials… or are performed live at a licensed venue… or are in movies… or… you get the idea.
But then, near the end of the show, Dev lamented that early in his career, his “helpful” manager bought the band’s publishing for a few hundred dollars. OUCH.

That is, Derv and Eddy Grant (who wrote “police on my back”) essentially had all their publishing money taken away from them for the price of a car payment, simply because they didn’t understand the import of the document that they were signing.

In fact, this was a common model used by nefarious managers in the ‘60s and ‘70s- the manager signs the band to an exclusive contract, and as part of that, he “buys” all of their publishing for a pittance- even publishing on unwritten songs, sometimes! Poor Dev! Like so many other artists, he got taken advantage of by someone who was supposed to be able to trust.

Now, that model sort of faded away in the ‘90s, for the most- but here’s the scary part. Being that money is tighter in music than it has been in the last 80 or so years, that model is starting to pop up again… In the past few months, I have had numerous people approach me with potential contracts, only to find that as part of the contract, managers and/or labels get a piece of the publishing.

Now, certainly there are times when selling publishing might be something an artist wants to investigate. Here is a comprehensive list of those times: the artist is getting very well compensated immediately for said sale.

Okay. That’s it. That’s the comprehensive list.

For a manager or label to get publishing rights simply as an entry to working with an artist is kind of beyond the pale, especially in the 2020s. Yet, somehow, that model is once again rearing its ugly head and, sadly, many artists don’t even see it coming.

All of that is to say, don’t get scammed out of your publishing… or anything else. Before you sign ANYTHING- a record contract, a licensing deal, a management contract- send it to me for review. A little bit of payment to me could save you tens or hundreds of thousands of dollars… or more… in the future.

The Law Office of Joseph J. Gentile has analyzed and advised artists on thousands and thousands of contracts. Contact Joe for a free consultation: [email protected]

01/14/2025

USPTO TRADEMARK FEES ARE GOING UP!... SO FILE YOUR TRADEMARK NOW!!!

On January 19, 2025, the USPTO is "modifying" its trademark filing and response system. In doing so, the USPTO is significantly overhauling its method for filing new trademark applications.

What that means for you is that- while the actual trademark review/opposition process will be the same procedurally, it will not be different from an administrative context. And what that means is that, roughly speaking, the fees involved in filing a new trademark application are going up 40%!

As you may know, trademark applications are filed on a per class basis. That is, if you're a band, you may wish to file your mark in one to three different classes - class 9 (physical and digital media); class 25 (clothes); class 41 (live music entertainment)- and maybe even more.

so, those extra fees can really add up. So, now is literally a better time to file your trademark than next week. So, if you have a trademark to register, NOW is the time to do it... ASAP.

The Law Office of Joseph J. Gentile has filed thousands of trademark applications. We offer free initial consultations. You can reach us at [email protected].

08/28/2024

LET’S TALK ENFORCEMENT

Sometimes, ya gotta be tough! It’s actually very rare that if you win a lawsuit, the defendant will just say “Well, I guess I lost! Here’s a check!” Instead, after you win a suit, and even during a suit, usually it’s up to you to stop a defendant’s bad behavior and claim your award.

In the I.P. context (copyright, trademark, patent), we usually resort to enforcement in a case where a defendant in contract with you is not doing what they are supposed to do (a record label is not paying you, a t-shirt vendor is not shipping out goods, etc) or a bootlegger is bootlegging your records. There are a few different mechanisms that are regularly employed for enforcing your judgment, some of which are an absolute must:

-INJUNCTION: In the I.P. world, this is probably the most critical action you can take in a suit. Usually, you ask for an injunction when you file a complaint, and you may even get a “temporary restraining order” or a “preliminary injunction” before a suit is even over. An Injunction is an order from the court requiring a defendant not to do something, or to do something. For example, if someone is bootlegging your records, an injunction is a court order preventing them from printing your record. If an injunction is violated, a defendant will likely have to pay a civil fine to you and if it continues, even go to jail for a little while. Injunctions are critical in stop bad defendant behavior and should be part of almost any I.P. lawsuit.

-LEVY INFRINGING GOODS: This usually goes hand-in-hand with Injunction enforcement. If you are being bootlegged, or if someone has goods that you paid for, after you win a suit, you can actually have the sheriff visit the defendant and seize the infringing/owed goods. As to bootlegged material, this is critical as bootlegged items are usually subpar quality. When consumers buy bootlegged items, they usually do not understand that they are “bootleg,” and associate the poor quality with you, not the unauthorized manufacturer. However, after you seize bootlegged items, you can make the business decision to either: sell the items yourself and make a little extra money; sell the items at a discount and make it clear that they are “cheap-o” products; destroy the items; or give the items away for free. When doing this, you’ll want to factor if the bootlegged items are or are not cannibalizing your official product sales, the actuality quality of the bootlegs, and how the quality of the bootlegs will reflect upon your band. I usually don’t recommend giving away bootleg t-shirt items as this usually actually cuts into the sale sales of official t-shirts, which is particularly damaging to your business.

-LEVY BANK ACCOUNT: This tool is particularly effective post-judgment, especially against a bad actor. If you have a judgment against a defendant, and if you know their bank or are able to find out where they bank, you can simply levy a bank account without Defendant’s interaction at all. You simply file a few documents and notify the bank and if there is money in the bank account, you can take up to the amount of the amount owed to you, often with interest, costs, and attorneys fees.

-LEVY PERSONAL PROPERTY: Does the bootlegging defendant have a printing press? A delivery van? A large photocopier? Anything of value? You can levy personal property and either keep it for the value that it is or auction it and deduct that from the judgment owed to you. Levying personal property can be effective, but Defendants are often good at hiding personal property and annoyingly, local sheriffs can be slow and unenthusiastic about enforcing this remedy on your behalf.

-ATTACH A LIEN TO REAL PROPERTY: Attaching a lien to real property (houses, buildings, undeveloped land) is usually not immediately effective, but you should always utilize this remedy in every case. In many states, as soon as you get a judgment against a Defendant, a lien is automatically attached to any real property a defendant has. In some states, you have to complete some filings to actually attach a lien. Attaching a lien to real property is usually a very slow form of compensation since you only get paid once the property is sold or re-financed. In some circumstances, you can force the sale of a property and get your payment, but then, you get paid only if there is money AFTER the mortgages and loans are paid off. Getting paid by forcing a real property sale is certainly not unheard of, but in most cases of these sorts, it is not worth the time and expense. Never-the-less, you should always attach a lien to the defendant's real property as it is relatively easy to do and may pay off in the future.

Enforcing a judgment is often time consuming and wrought with challenges, but it is essential to protect your own brand and I.P. as well as being the main way that you will get compensated for your damages.

The Law Office of Joseph J. Gentile has enforced THOUSANDS of judgments. Contact us for a free consultation at [email protected].

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