Ideas for your own letter

[Speedp3]

I also want to say that they read these forums every day so anything that is said here is read and understood by them. When they get a similar letter they will already have read it here.

I recommed that people so not post so much info here since they are telegraphed the messages
Good point:gg

[Speedp3]

For further reference there is a book titled "Represent yourself in court, How to Prepare and Try a Winning Case" by Attorneys Paul Bergman and Sara J. Berman-Barrett from Nolo press. This is also available that your local library. You may not want to go this direction, but it will help in familiarizing yourself with the process.

[freetv4mee]

Now we're talking!!

I'd love to see some follow-up to this preliminary letter speedp3 has started.
Actually, I'd love to see a "sticky" sometime in the near future that could act as a template for those of us not feeling we need a lawyer to write our letters for us.

Don't get me wrong, attorneys are certainly useful to those of you that have made money off of this hobby, and it's probably advisable in such cases. As for the rest of us, dave has a monumental task in proving actual signal theft on anyone's behalf simply because they legally purchased test card equipment.

[giveupdave]

Thats great to get a well written letter to respond with BUT, you will still get the second letter.

[Speedp3]

Originally posted by giveupdave
Thats great to get a well written letter to respond with BUT, you will still get the second letter.
Likewise, your attorney will get a second letter and a third and so on. What's the point! This is just a simple alternative to the BIG buck's one may spend on an attorney. If you eventually may settle, why pay an attorney to do this for you. In addition, by opening up a dialog you may prevent litigation. Many people have settled court cases even up to the day off court and into the case. Part of the purpose of an attorney is to, postpone litigation, demonstrate the weakness of your opponent’s case etc. I do not see why we cannot do the same thing, with a little research.

[To The Real King!!]

Hi SpeedP3,

If you want to settle the litigation (for lower than $3500.00) then you need to remove the sentance that says "


I sincerely would like to resolve this misunderstanding without litigation.

That statement tells them that YOU will settle and have not got the fortitude to go to court against them and you know you are unlikely to win. In fact your letter basically advises them that you did it (guilty) and want to know what size of check they need.

That is why you need a lawyer because you did everything but send them the $3500.00 in your letter. The dialogue you opened is a familiar one to them. About 99 % of the people they reach do settle. And the ONLY ones who settle for less than the $3500.00 are those who get discovery and wait for THEM to suggest settling which is the ONLY time they are ready to negotiate. Its NOT a negotiation when you say this in the first letter and after the second one they sue and you settle for a "non negotiable $3500.00" . They just laugh their bloody heads off. Hey Joe, I popped 4 more suckers this afternoon all for the full $3500.00.

How many people here DO NOT see that clearly.

It says "OK I am guilty but I don't want to go to court with you. How much can I pay you to be done and over with this?"

You need to be just a little more sophisticated than this by about 10,000% or so. But hey, just send it and you will find out WHY you need a lawyer for next time. But hey, there is no harm in trying; after all its ONLY moneyhttp://www.legal-rights.org/images/ttrk.gif

Once you blow your one chance, you will know better how not to do it next time. Good Luck tp you.

Oh and doing it yourself is a CLEAR SIGNAL to them that you are too cheap to get a lawyer and they know that anyone who acts in their own behalf in a legal case has a fool for a client. No intelligent person would go into something like this without hiring a lawyer for the LEAST (and it will take hiring an expert on smart cards to win) so frankly, you look quite dumb. Sorry if that hurts but its the truth.

All I see happening in these threads is that DirecTV™ will learn that they can up the ante to $5000.00 and people will still pay, regardless of the bravado shown by those who don't have the letter yet. They already hardened their position from a $1500.00 - $1800.00 typical settlement to $3500.00 by peoples willingness to pay up while BS'ing and whining that they did not do it so don't be too surprised when that happens. I feel we are just about there. Doesn't anyone realize that they hardened their attitude and upped their minimum because of the actions of DEFENDANTS HERE.

Sorry guys, I think you all know they are not my favorite people but I cannot believe how people come and post with bravado and then go and pay up $3500.00 and then disappear. Go look at the BRAVE posts from the first folk to get the letter and see if you can find a recent post by those same people. And you guys expect them to come here and post how WRONG they were. Don't hold your breath.

http://www.legal-rights.org/images/ttrkblack.gif

Thanks & Good Luck,
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To The REAL King!!

Freedom has nothing to fear from the truth!
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Our Deepest Condolences one year later too (http://www.legal-rights.org/condolences.html) <-- Click here Please


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[mlmanning]

TTRK. good to see you my man. :)

[Speedp3]

Hi TTRK,
I respect and admire what you are doing for the community. The sample letter I posted was not a suggestion to copy and paste it in a letter and sent it to DirecTV. It was just some ideas that I thought might help. Actually, I was hoping for responses in the manner of your criticism. Suggestions on how one might refine a letter.



Speedp3:”I sincerely would like to resolve this misunderstanding without litigation.”


TTRK: “That statement tells them that YOU will settle and have not got the fortitude to go to court against them and you know you are unlikely to win. In fact your letter basically advises them that you did it (guilty) and want to know what size of check they need.”


Although interpretations of words on paper by another party are difficult to predict, you may very well be right.
Whether I personal have received a letter, I would rather not say. I do consider this type of letter very serious. The end of the world? No, but still very serious. If someone has the money for an attorney. THAT IS the way to go. Period. But what if someone doesn’t?
Do I want people to settle? Absolutely, not. As I have posted before in other threads this just finances the attacks on others.
Sorry if my suggestions have lead anyone down the wrong path, it was not my intention.I hope my ideas and opinions are still welcome.

[To The Real King!!]

Hi SpeedP3,

No I m not suggesting people do not settle in fact I believe people should do whatever is best for them. I am only suggesting that YOU do not suggest any settlement or resolution, especially not in your first letter..

If you want to settle for a LOWER price than $3500.00 then you had better convince them that you did NOT steal their signal rather than sugget settlement. It will take time to go through the discovery process but the only way to settle is to wait until they recommend that.

I also want to say that they read these forums every day so anything that is said here is read and understood by them. When they get a similar letter they will already have read it here.

I recommed that people so not post so much info here since they are telegraphed the messages.http://www.legal-rights.org/images/ttrk.gif

This has all been said 10 times before so why keep posting the exact same things.

http://www.legal-rights.org/images/ttrkblack.gif

Thanks & Good Luck,
http://www.legal-rights.org/images/rotate_rib.gif
To The REAL King!!

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

Our Deepest Condolences one year later too (http://www.legal-rights.org/condolences.html) <-- Click here Please


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

Por favor dona para la BATALLA EN LA SUPREMA CORTE (http://www.legal-rights.org/donation.html)<-- Haz Click aqui!

[freetv4mee]

The point of this post, in my interpretation, was to generate a legally correct, generic version of a non-incriminationg letter that could ultimately bring dave's harassment tactic to an end.
What's needed? Nothing more than a simple letter that is legally sound and tactfully safe for anyone to use.
And as for what dave reads here, I'm happy to point out that information is information and is available to everybody. This is an underground forum and after all, every underground is ultimately about freedom of speech that some people choose to keep on the down-low.

Ultimately, once some legal heads in this underground draft this hopeful letter, it can then be propogated as a sticky to every other underground forum dedicated to this virtual college of smart-card technology, for all to use and improve upon...it could even be given the signature of: "brought to you by the folks at the Pirate's Den"

Toungue and cheek here but don't we all have a right to study the airwaves around us in the privacy of our own homes? Let's force dave to prove that his signal doesn't cause brain cancer. There's an easy lawsuit here everybody, despite what at least one person in this forum is sure to say. And besides, our culture loves rewarding their fellow citizens' mental anguish with restitution at the expense of big business.

Lastly, let's all remember that dave is basically just paying lawyers to recruit lawyers on your behalf. For what? Half the profits of course. It's all about money and if there are lawyers involved you can certainly take it to the grave it's about money!

This whole scare tactic of dave's will ultimately backfire as soon as dave targets the right libertarian lawyer, but since it hasn't happened yet let's get the ball rolling with some test letters!!:D

Benevolence on one attorney's part is all that's needed here, five minutes of your time if you're out there. Think of all the people suffering out there stressing nightly about these letters! I mean, the mental anguish alone must be incalcuable! y'all following me?

:K Did I say too much?:K

[freetv4mee]

Re: the following:
"If you want to settle for a LOWER price than $3500.00 then you had better convince them that you did NOT steal their signal rather than sugget settlement"

---maybe I'm missing something here but the recipient of dave's letter does not have the burdon of proving innocence here, proof of signal theft is completely the responsiblity of dave and his legal suits. Seized purchase records of what are now defunct (but at the time legit) companies does nothing to establish proof of signal theft.

...and yo, speedp3, what could possibly have been said to get you to remove/edit your first post? I felt that your intent was well articulated and certainly not an unsafe posting by any measure.

just mi .02 centavos

[Speedp3]

and yo, speedp3, what could possibly have been said to get you to remove/edit your first post? I felt that your intent was well articulated and certainly not an unsafe posting by any measure.

The point that TTRK made about “telegraphed the messages” to DirecTV attorney.

If one person were to use any part of my “sample letter” to there harm, I would not feel good.
After reading virtually ever post on this subject on this site, and many others the consensus seems to be:
· Don’t respond to the letters without an attorney

The problems with this advise, to the exclusion of other advise is, many people cannot afford one. In addition, once lawyers are involved, this can easily spin out of control. Unfortunately, this is not to say that it will not spin out of control anyway. Expect it, prepare for it. In addition, if you were to get a phone bill with call charges that you did NOT make would you hire an attorney first? No, more than likely you would call them first and deny the charges. I AM NOT RECOMMENDING THAT YOU CALL THEM! However, by hiring an attorney, you may *telegraph* that they have a live one on the line too. Sadly, people walk a thin line with any approach.
If a person cannot call and deny what DirecTV’ is alleging without incriminating themselves. DON’T CALL! PERIOD.
Therefore, if one were to write a letter, some points to cover (feel free to add to these points) are:
· Deny their allegation.
· Threaten to counter suit.
· Demand that they cease and desist their harassment.
After this, I would prepare a legal response to any court summon you may receive. It is difficult to prepare a legal response without receiving the complaint, but you can get the necessary forms and practice.
There are many attorney’s that can, and will help you to prepare one at a reduced cost. They may help YOU though the whole lawsuit if you do most of the work yourself.
Good luck to all.

[dmattear]

read this last post well people.

[giveupdave]

"Therefore, if one were to write a letter, some points to covered (feel free to add to these points) are:
· Deny their allegation.
· Threaten to counter suit.
· Demand that they cease and desist their harassment"

Deny their allegation is okay but don't do the other two. It would send a message that they have a live one. Threating to counter sue or sending a cease and desist letter isn't something a non guilty person would do. Hell, send them back a letter asking what Direct TV is?

[freetv4mee]

Re:
"Hell, send them back a letter asking what Direct TV is?"

The point being, only a guilty person would know what the hell dave is alleging with these letters. Ignorance is bliss sometimes;)

[crownvic]

Originally posted by giveupdave
[B Hell, send them back a letter asking what Direct TV is? [/B]
Whats the Civil Law for trying an insane person.:Z
Tell em that your Physciatrist will be getting back with them,if ya don't have one I can hook you up.:)

[Sgt_Stedenko]

Tell em that your Physciatrist will be getting back with them,if ya don't have one I can hook you up

LOL!

[mlmanning]

If they really p*ss you off, give them Psycho's addy! :gg