DTV letter, but DTV has it all wrong.What to do?

[jmjempire]

Well, I know that this question has been asked before "what to do if you get a DTV letter" seek a lawyer [is the answer,whick is OK BUT...]

My question is that if person#1 got this letter but [person#1 didn't purchase or has never owed a DTV system] but there is a person#2 that used the address of person #1 that lives up north.

So if this person#2[that has used the shipping address of the person#1[that doesn't have a clue about DTV], what would happen to the person#2 that lives up north that has proof he or she bought a programmer to prove the innocence of the person#1 that is getting a letter.

Will person #2 now get a letter? [he or she live way up north]

What also would be the best way for person#1 to explain to a lawyer or even DTV about the false claim.

Please need info
Thanks

[Greenie17]

That is EXACTLY the defense I am going to use also.

Either that, or Person #1 ordered the stuff for person #2 because person #2 did not have a paypal address, a credit card or a bank. Person #1 had no idea what the stuff was and ordered it for person #2. When the stuff came, person #1 gave it to person #2. Person #2 now lives in Antartica.

IMHO, they both work as a sound defense.
And good luck proving otherwise!

Greenie17

[Evildss]

This will work if you have proof that person#2 actually is the one that received the merchandise or person#2 actually writes a confession letter admitting their guilt, then person#2 will be getting a letter....:(
If you just say that then they will not let you off and still attempt to sue you and make you prove them wrong in court........

Good Luck

[jmjempire]

Thanks! for the feedback.

This is real sad because person #1 is over 65 years old and doesn't have a clue about DTV and person #2 lives across the boarder up north and bought something over Paypal [has tracation #, proof that person #1 didn't buy the item] but had it shipped to person # 1 , then person #1 shipped it up north [back in Apr of last year] and only this past week DTV sent the letter and the only thing they have is a item was sent to person #1 that's it.

These are the real facts

Person #1 - has never owed a system ever before.
- didn't use credit card to purchase

but now is getting accused of stealing tv. when #1 you have to have a system, a card, the item [in question], plus know what to use.

Shouldn't DTV have proof that person #1 has a system, is watching DTV [stealing] and to have proof that person #1 purchased the item?

IF they [DTV] has no proof [other than a shipping address] how can they accuse a person of doing anything wrong other than having the item sent to them and never used used by them!

Person #2 -has proof of purchase under his name
-lives up north where it wasn't illegal at the time
[Apr 2001]

What can person #2 do help but try not open up a can of worms?

Can DTV do anything to person #2? [doesn't live US, never has]

Need more Feedback
Thanks
Also I'm not making this up, these are the facts, mostly person #1 has to deal with this first, but what can happen to person #2?

[Evildss]

Then a lawyer might be able to negotiate, if person#2 wants to take the blame, but like thepoet said, they might still try to charge him as an accessory and want him to pay monetary damages.......

Best thing see a lawyer, let him decide what is best!:R

[jmjempire]

Thanks for you input Evildss!

Will post more once the lawyer gets back to person #2 and I would like to know if DTV has any rights up north [if anyone has come across this problem] or just in the US or does DTV pass on info to the right people up north to get person#1.

[To The Real King!!]

Hi jmjempire,


You seem to be making this much more complex than necessary.

They are sending the letter and accusing person 1 I presume.

If he did not do what they are accusing him of then he can go to court and show that not only do they not have proof of him doing something, he could not have done it since he does not have a system which is necessary to accomplish "stealing" of their TV signal. So they cannot win against him.

END.

There is no reason to introduce a person 2 or anyone else. They made allegations that they cannot prove. Case over.

Why is there some seeming necessity to overly complicate things? They either can prove what they allege or they cannot. If they cannot then their case must fail and its dismissed.http://www.legal-rights.org/images/ttrk.gif

There is absoutely no reason to bring in anyones grandmother or anyone else. This works best on the KISS principle.

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[jmjempire]

Thanks!

To The Real King

You make things sound so simple!

But won't DTV ask in court "if person#1 didn't buy the item, who did"

What's the response, person#1 needs to make. Won't DTV want to know?

Because in my opinion, If DTV doesn't get the answer they want to here, now they will say person#1 is at fault and so on.

or is that not how it works.

[Evildss]

Yes, you will have to have a defense, the lawyer will decide what is best, either way it will cost money........that is their whole thing, get money out of you and worry you, thats why its extortion!
Regardless of your innocence or guilt.

Good Luck.

[To The Real King!!]

Hi Guys,

If you are the person 1 and you did not steal their signal, they have to prove you did. You are not there to answer their questions. You are accused of a crime and that is your interest. Can they PROVE that you committed the crime? I don't know as only you can answer that. But if you did not have a DirecTV® system or did not have a "Satellite TV stealing program" which is necessary to steal their signal, then how can they prove that you did. Beyond that its NOT your role to answer their questions.

There is a process called "DISCOVERY" during which YOUR lawyer gets to ask them specific questions (IN WRITING) about THEIR PROOF. They have to answer these questions and they will be as slippery and evasive as possible about that. So the questions have to be singular (not compound) not to let them off the hook. But by asking specific questions they have to answer so that you can discover their "proof" and if it is real or imagined. If they do not REVEAL any REAL proof against you then that is where it stands. You are not there to answer their questions since you are not accusing them. They are accusing YOU and the burden of proof is entirely with them.

People I really think you should go to your lawyer and ask him how the PROCESS of defending yourself takes place. The lawyer must explain it to you thoroughly. That is what you pay him for. I am appalled to see that 99% of the people posting and asking questions have not the slightest idea of how this process goes.

Its not as simple as just accusing someone and walking into court to pick up your judgement. If it were that simple people would do it on a daily basis.

So get REAL guys, this is not to give you s h I t but its time that you all UNDERSTOOD how this goes. If you force discovery, and ask them difficult questions, THAT and only THAT is how you will get them to settle for a low price. If you do not negotiate (and this is part of the process), then why should they come down. Only due to the FEAR that they will lose against you but if you do not take the proper steps to make that appear to be a real alternative (and they KNOW they have no real proof) then how can you expect to gain ANY brownie points at all. Negotiation is difficult and it costs a bit but its the ONLY (yes the ONLY) way to put some potential of a WIN of this on YOUR side.

Folks nobody here, no wiseacre or genuine helper can MAKE you win. All we can do is give you an idea of the PROCESS that you need to go through to WIN. Its NOT simple but it certainly can be done without all that much difficulty. You don't just go to a lawyer and let him take over. You work WITH HIM to go through this process, WORRYING THEM in the process. If they believe you may win then they will settle for as low a price as is necessary and they Do NOT want any loss. That will KILL the golden goose for them. But you have to work at it. It does NOT come or happen by itself.http://www.legal-rights.org/images/ttrk.gif

I will make a CLEAR SUGGESTION HERE. Anyone who is getting letters and is in the thick of this, take your day off and go to any courtroom and find a similar or roughly close type of case. And watch how it takes place. Get some damn idea of just how this goes in a court, what can be said, what cannot and how "evidence" must be presented. Its INTERESTING apart from the fact that you will then understand the process a little better.

MOST of the people I see here asking questions really have NO CLUE how these things go. All courts are OPEN FORUMS and allow anyone to observe. Get to a good one and watch the whole damn thing. It may be the best EDUCATION you ever get. But most of you obviously have NO IDEA about it and have talked yourselves into a corner believing its totally stacked against you. The fact is, it is NOT. But you need to have some understanding of what the process is.

This advise is a freebie guys and it may be the best advise you ever get.

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Thanks & Good Luck,
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To The REAL King!!

Freedom has nothing to fear from the truth!
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http://www.legal-rights.org/images/freedomblack.gif

Please REMEMBER OUR WAR HERO’S (http://www.legal-rights.org/remembrance.html) <-- Click here Please!


Please DONATE for the SUPREME COURT CENSORSHIP BATTLE (http://www.legal-rights.org/donation.html) <-- Click here Please!

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[viking21k]

If you fight and win How come you can not get court costs back from DTV. If court costs were recoverable I think DTV would think twice before suing.

[REDx]

Originally posted by viking21k
If you fight and win How come you can not get court costs back from DTV. If court costs were recoverable I think DTV would think twice before suing.
if the the evidence is such that
there is implied guilt. such as
you purchsed something from a site
that sells primaraly pirate equipment,
and there is proof such as credit card
receipts or such.not many courts will
give you your costs back even if you
pervail.