Mikesled
September 25th, 2002, 06:05 PM
Got this form another Forum.
Ok, these letters are what we call in the legal field " Sh_t Pies"
Because, they are typical collection demand letters that are sent out blindly off a list sent to collection attorney's by the vendor, and the attorney's hope to throw enough "---- pies" against the wall and have some stick.
Based upon percentages, if I can mail out 1000 letters demanding payment on a collection account before I threnthen to file suit against you, then 5% will respond and if I can collect from 5% then I've made my fee and also made the client happy without costing the client really anything in that its an amount they weren't collecting before and the attorney's fee is deducted from the amount collected ( 30% is standard )
Now, here is the most interesting part. They always send the collection letters out in groups and also file claims against debtors in small claims/district court in groups, this way to get default judgements against individuals who fail to appear for their court date, in groups, thus to then file liens against these individuals for collection of the judgement. Usually in some form of wage attachment or report it against the credit report so that if your ever apply for a loan, you'll be required to pay-off that judgement in order to be approved for the loan.
Thats why judgements are good for 20 years. Thats right, 20 years!!
So, because these letters are in fact sent out blindly, without any attorney looking at the facts/bases of the collection demand, not knowing if in fact, if the attorney was forced to litigate the demand for collection, they would in fact lose!!
In any collection case, the plaintiff MUST PROVE THAT THE DEFENDANT OWES THE PLAINTIFF MONEY & WHY?
Now, unless I woke up in Russia this morning, the rules and principals of legal requirement(s), the burden of proof (Criminal and Civil) although to different levels of burdens, nonetheless, the burden to prove the case ( money is owed and why) another words, Prove It!
This is where DTV gets alittle skirmish! Not One Single Case Has Ever Been Brought Forward Against One Single End-User!
Thats Right! Not One! Why? Because, they can't get past the Proof Issue. They can only show that the defendant "Alledged to have purchased a electronic device, They, DTV, not the government, nor as defined by law, as illegal.
The problem for them however is, they also MUST show & Prove, that the defendant has used the device in an illegal fashion! Period, No Ifs, Ands, or Buts!! Don't pass go and don't collect $200.
This is why, not one single case has ever been brought forward to the trial level against an end-user. They can't get past the BURDEN OF PROOF! And guess what? F__K-EM! Thats right, an attorney, talking like this. Thats because I'm pissed off!! And when you piss off an attorney, you've got some problems!
Enough with this "Hitler" mentality, just who do they think they are? Unless, the United States Constitution has been re:written, or totally disregarded by the Justices, then DTV's so-called border line ( police power actions) that are infringing on our civil rights that are afforded protections by the United States Constitution, should be held to the same standards and burdens that are required of our law enforcement personel.
Just because they are a private agency, doesn't give them the right to get away with scare tatics that if were used by the police, would be held to violate our 1st, 4th, 5th, and 11th amendment rights, and thus be thrown out of court, surpression of evidence granted, and ordered to refrain from such conduct.
Now, I also know that DTV is bringing their actions in Civil Court. So what? Their actions prior to, are in fact, Constitutionally questionable.
There are a few actions that have been filed I believe regarding some of these issues. A Class Action Law Suit Must be filed! Representing every single individual who's Constitutional affored right has been totally disregarded and who has suffered damages as a result of these violations on behalf of DTV and their representatives.
Myself, I have decided to take on these 3 particualr cases (individuals) and Not charge each of them a high legal fee, but instead, charge each of them an amount that would actually be charged for one client, divided equally among them, and represent them also as a group even though individually.
Because their facts are so similar, and the actions of DTV and the attorney's representing them are just being duplicated, a systematic proceeding, and thus the same for each, and the same violations of their rights. I've decided to challenge DTV this time and actually request to go to trial. I want to go to trial. I want the issues to be presented, I want the Jury to rule on the actions of these Bastards!
I am taking the position that, No One Can Accuse and label an individual a criminal, even though its in a civil setting, the actual fact of the matter is that they are asserting that the client has violated a "Criminal Statute", Not a Civil Statute, because it carries a criminal penalty, and thus, with this criminal exposure if found guilty civilly, then, constitutionally afforded rights against Self-Incrimination, and THE BURDEN OF PROOF MUST NOW BE SHIFTED TO THAT OF BEYOND A REASONABLE DOUBT STANDARD!
The only source, bases of the actions of DTV, is and has been based upon records that have been handled by a 3rd party ( question of accuracy) and also a standing question on appeal, whether or not, they were seized legally? Until such issue has been resolved wether these records were in fact seized legally and the actions of DTV were in fact within the scope of and did not violate the constitutionally protected rights of invasion of privacy, expectation of privacy, and other issues that have been set forth.
It would be premature to use such evidence against any defendant in any action, when or if such evidence is ruled inadmissable and all subsequent actions that have been and will be affected due to the use of such inadmissable evidence will have to be overturned. In the interest of Judicial economy, I would request that either such evidence be excluded from any pending and subsequent proceeding, and/or any matter at all, be barred from proceeding until the outcome of such appeal on the admissability of such evidence. (If the records are in fact ruled inadmissable, then probable cause just was removed and thus, case dismissed) Without probable cause, then DTV would not have sent any of these letters to these individuals in the first place.
If the evidence is ruled admissable, then, the next requirement that I would be requiring is that of proof of receipt of such device by my clients and illegal use of such device for the purpose of receiving an illegal satellite transmission signal.
You see, they are seeking financial compensation, thus they Must prove "Loss" Loss of what? Revenue? Ok, then please show when my client received this satellite transmission for the purpose of calculating your losses. How did you arrive at the amount of your losses? Please show the jury? Please show when, how and who (first hand knowledge, requirement) witnessed this action on my clients behalf?
You can't introduce hearsay evidence, or presumption of illegal activity for the purpose of proving a defendant is guilty or has violated the law.
This should be very interesting. This is why this attorney for DTV is pulling his f--king hair out of his head! with me! He really doesn't know what to do with me! Its great! I love it.
Like I said, NEVER PISS OFF AN ATTORNEY! NEVER!
I'll make this guy work 80 f--king hours a week, just on this case, with my legal arguements.
He was f--king floored when I drafted a motion to surpress evidence of the sales records that were seized, until the appeal of the case, that the sales records were seized from, can be heard on appeal. Because one of the arguements on appeal, is the seized records, we don't know for sure if the records will in fact be allowed or be ruled inadmissable.
Of course, I did suggest that we can move forward with the matter without the use of the records being introduced. The DTV attorney flipped out over this suggestion. Because, its the whole bases of their case.
Well, folks, I hope I gave you some hope and ideas. Also, for any other attorneys out there handling this cases. I hope your all litigators, because thats what you need to be. Don't allow this crap to continue. Challege these bastards.
Good Night & Good Luck to all
:K
Ok, these letters are what we call in the legal field " Sh_t Pies"
Because, they are typical collection demand letters that are sent out blindly off a list sent to collection attorney's by the vendor, and the attorney's hope to throw enough "---- pies" against the wall and have some stick.
Based upon percentages, if I can mail out 1000 letters demanding payment on a collection account before I threnthen to file suit against you, then 5% will respond and if I can collect from 5% then I've made my fee and also made the client happy without costing the client really anything in that its an amount they weren't collecting before and the attorney's fee is deducted from the amount collected ( 30% is standard )
Now, here is the most interesting part. They always send the collection letters out in groups and also file claims against debtors in small claims/district court in groups, this way to get default judgements against individuals who fail to appear for their court date, in groups, thus to then file liens against these individuals for collection of the judgement. Usually in some form of wage attachment or report it against the credit report so that if your ever apply for a loan, you'll be required to pay-off that judgement in order to be approved for the loan.
Thats why judgements are good for 20 years. Thats right, 20 years!!
So, because these letters are in fact sent out blindly, without any attorney looking at the facts/bases of the collection demand, not knowing if in fact, if the attorney was forced to litigate the demand for collection, they would in fact lose!!
In any collection case, the plaintiff MUST PROVE THAT THE DEFENDANT OWES THE PLAINTIFF MONEY & WHY?
Now, unless I woke up in Russia this morning, the rules and principals of legal requirement(s), the burden of proof (Criminal and Civil) although to different levels of burdens, nonetheless, the burden to prove the case ( money is owed and why) another words, Prove It!
This is where DTV gets alittle skirmish! Not One Single Case Has Ever Been Brought Forward Against One Single End-User!
Thats Right! Not One! Why? Because, they can't get past the Proof Issue. They can only show that the defendant "Alledged to have purchased a electronic device, They, DTV, not the government, nor as defined by law, as illegal.
The problem for them however is, they also MUST show & Prove, that the defendant has used the device in an illegal fashion! Period, No Ifs, Ands, or Buts!! Don't pass go and don't collect $200.
This is why, not one single case has ever been brought forward to the trial level against an end-user. They can't get past the BURDEN OF PROOF! And guess what? F__K-EM! Thats right, an attorney, talking like this. Thats because I'm pissed off!! And when you piss off an attorney, you've got some problems!
Enough with this "Hitler" mentality, just who do they think they are? Unless, the United States Constitution has been re:written, or totally disregarded by the Justices, then DTV's so-called border line ( police power actions) that are infringing on our civil rights that are afforded protections by the United States Constitution, should be held to the same standards and burdens that are required of our law enforcement personel.
Just because they are a private agency, doesn't give them the right to get away with scare tatics that if were used by the police, would be held to violate our 1st, 4th, 5th, and 11th amendment rights, and thus be thrown out of court, surpression of evidence granted, and ordered to refrain from such conduct.
Now, I also know that DTV is bringing their actions in Civil Court. So what? Their actions prior to, are in fact, Constitutionally questionable.
There are a few actions that have been filed I believe regarding some of these issues. A Class Action Law Suit Must be filed! Representing every single individual who's Constitutional affored right has been totally disregarded and who has suffered damages as a result of these violations on behalf of DTV and their representatives.
Myself, I have decided to take on these 3 particualr cases (individuals) and Not charge each of them a high legal fee, but instead, charge each of them an amount that would actually be charged for one client, divided equally among them, and represent them also as a group even though individually.
Because their facts are so similar, and the actions of DTV and the attorney's representing them are just being duplicated, a systematic proceeding, and thus the same for each, and the same violations of their rights. I've decided to challenge DTV this time and actually request to go to trial. I want to go to trial. I want the issues to be presented, I want the Jury to rule on the actions of these Bastards!
I am taking the position that, No One Can Accuse and label an individual a criminal, even though its in a civil setting, the actual fact of the matter is that they are asserting that the client has violated a "Criminal Statute", Not a Civil Statute, because it carries a criminal penalty, and thus, with this criminal exposure if found guilty civilly, then, constitutionally afforded rights against Self-Incrimination, and THE BURDEN OF PROOF MUST NOW BE SHIFTED TO THAT OF BEYOND A REASONABLE DOUBT STANDARD!
The only source, bases of the actions of DTV, is and has been based upon records that have been handled by a 3rd party ( question of accuracy) and also a standing question on appeal, whether or not, they were seized legally? Until such issue has been resolved wether these records were in fact seized legally and the actions of DTV were in fact within the scope of and did not violate the constitutionally protected rights of invasion of privacy, expectation of privacy, and other issues that have been set forth.
It would be premature to use such evidence against any defendant in any action, when or if such evidence is ruled inadmissable and all subsequent actions that have been and will be affected due to the use of such inadmissable evidence will have to be overturned. In the interest of Judicial economy, I would request that either such evidence be excluded from any pending and subsequent proceeding, and/or any matter at all, be barred from proceeding until the outcome of such appeal on the admissability of such evidence. (If the records are in fact ruled inadmissable, then probable cause just was removed and thus, case dismissed) Without probable cause, then DTV would not have sent any of these letters to these individuals in the first place.
If the evidence is ruled admissable, then, the next requirement that I would be requiring is that of proof of receipt of such device by my clients and illegal use of such device for the purpose of receiving an illegal satellite transmission signal.
You see, they are seeking financial compensation, thus they Must prove "Loss" Loss of what? Revenue? Ok, then please show when my client received this satellite transmission for the purpose of calculating your losses. How did you arrive at the amount of your losses? Please show the jury? Please show when, how and who (first hand knowledge, requirement) witnessed this action on my clients behalf?
You can't introduce hearsay evidence, or presumption of illegal activity for the purpose of proving a defendant is guilty or has violated the law.
This should be very interesting. This is why this attorney for DTV is pulling his f--king hair out of his head! with me! He really doesn't know what to do with me! Its great! I love it.
Like I said, NEVER PISS OFF AN ATTORNEY! NEVER!
I'll make this guy work 80 f--king hours a week, just on this case, with my legal arguements.
He was f--king floored when I drafted a motion to surpress evidence of the sales records that were seized, until the appeal of the case, that the sales records were seized from, can be heard on appeal. Because one of the arguements on appeal, is the seized records, we don't know for sure if the records will in fact be allowed or be ruled inadmissable.
Of course, I did suggest that we can move forward with the matter without the use of the records being introduced. The DTV attorney flipped out over this suggestion. Because, its the whole bases of their case.
Well, folks, I hope I gave you some hope and ideas. Also, for any other attorneys out there handling this cases. I hope your all litigators, because thats what you need to be. Don't allow this crap to continue. Challege these bastards.
Good Night & Good Luck to all
:K