Legal Question in Civil Litigation in New Hampshire
Contempt of Court
My wife and I have divorced. Our divorce agreement stated that my wife had 30 days to return my 4 computer harddrives intact with software and undamaged. She has not done complied with the court ordered agreement. I filed a contempt of court order. My question is what will happen when we go to court? What do I need to do to prepare for this? How do I place a value on these harddrives because it is not the harddrive itself but the content that I am concerned about. My ex-wife put the computers that had the harddrives in them out for the garbage. A kid down the street asked if he could have them and my ex-wife said yes. No she cannot get them back. The harddrives contained original and backups of every peice of software I ever created for my clients and all of the libraries used in creating new software. These libraries contain code that was created, updated, enhanced over a period of 10 of software development. To me it's like taking the only copy of a novel someone wrote and burning it. No matter how hard you try you could never create / duplicate the content. Please help.
2 Answers from Attorneys
Re: Contempt of Court
It's a problem; I would summons the kid and with the summons demand that he bring the computer to Court for the date of the hearing; if he fails to show, I would ask the judge for a bench warrant; Also ask the judge for what you consider to be the replacement value; let the judge place the obligation on your ex to get the computer back; ask for sanctions and attorney's fees if you have one.
Re: Contempt of Court
I would also add the possibility of deposing the kid, and requiring him to produce the computer for the deposition.
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