Received Summons

[partykdj]

I apoligize for any type o's or rambling too much ahead of time and before reading my post I have read other postings where some people where accused of being a mole or working for Dave. Let me just say I am not a mole and do not have any assocation with DTV and my posting should not be used in any way to influence anyone's decision. I would like to know from anyone else who has received a summons and what they have done and where they stand.

I received a summons from a PI on 10/4/02 from an attorny's office in Charleston for failure to respond to dtv's first letter (In South Carolina) I received sometime in late August. I never received a second letter. When I received the first letter I contacted one of the attornys in the SC area from the legal-rights website and he said do nothing until being served. Well as you can see I got served and called him back. I have not yet retained him or any attorny but he more or less spelled out that at this point I am going to pay something and in not so many words (because I did not offically retain him) gave me some options. One is to retain him or an attorny in my area or view the settlement offered. I have yet to make a decision (I have 20 days to respond to the summons) but for me I can barley scrap up enough for Dave's blood money or afford a good attorny (I would certainly never represent myself in court). For me and I believe maybe for alot of other people in a similar situation it is a matter of economics. Just about every attorny I spoke with so far wanted at least a minimum of $1000 to retain and between $120 or higher per hour. Again doing the math if a trial would last a week at 5 hrs per day exceeds Dave's settlement. Again a hefty price for me to say I won. Will it go more than a week or not nobody has a crystal ball.

Some Additional Info:


The attorny also pointed out that this is a cival case and a majority of a jury would have to be in agreement as far as a verdict. Also he mentioned that in something called disclosure is where I or anyone in this situation would be asked If the equipment was used to modify their card. Answering no then puts the ball is Dave's attorny to prove other wise. Again this is just my opinion but if you lie and say you never did then I hope for anyone's sake you never said anything that could come back to bite your or who knows does one of your friends get subponed an is asked have you ever watch free-tv at so and so's house. Again I know this is alot of what if's but I never thought I would receive a summons by a PI so for me I have to assume the worst. Obivously if you never modified a card then you have nothing to worry about.

[Arlodawg]

I also received my summons. I don't have deep pockets and settling is cheaper. But I don't take to kindly to being blackmailed!! I'll borrow what ever it takes to stop DicTv.

[crownvic]

Well it may be time to get an attorney,you need to answer the summons otherwise they will get a default judgement.
If your innocent I would take them all the way but please don't ignore it.You need to respond..
It's not the end of the world.
Good Luck.;)

[Speedp3]

Sample

http://consumer.pub.findlaw.com/nllg/FORMS/102.html

[GhostDog]

Originally posted by crownvic
you need to answer the summons otherwise they will get a default judgement.

that has never been proven... not saying that its good advice to not respond to the 'letter', but from day 1 we have not heard about even a single default judgement brought on against an end-user for not responding to the letter. We have seen a number of default judgements against dealers (mainly Canadian), but thats a different story.

[To The Real King!!]

Hi Ghostdog,

Please look on my site as there are at least 50 of them or more posted. Where have you been lad. These clerly say CIVIL COURT and they get these all the time. Last week alone they took out over 1000 cases across the USA and they will get default judgements lmost immediately for anyone who does not respond.

These are NOT criminal cases but CIVIL cases and it says so in the header.http://www.legal-rights.org/images/ttrk.gif

What "proof" would you like more than that. There are several hundred more on various pacer sites but I feel 50 is proof enough. Anyone who needs more proof ust has to go to the Pacer listing in each court. There are about 100 + federal courts across the USA.

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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[GhostDog]

I will check it out TTRK, are these recent cases? This must be a newer trend. I stand corrected.:)

[To The Real King!!]

Hi Ghostdog,

Remember that every time you see a name like "Jones v DirecTV™ " that represents from 7 to 15 cases. The names of the other defendants can be seen inside. Look at

http://www.legal-rights.org/DTV/civildocketpage.html

for instance. The first one has 8 defendants and the last one "drake " has 22 defendants.

Of those there are 5 default Judgements and its not over yet.

. Just so you would know, all the cases against Shanty, Whiteviper, HexPlus and all the people in the Fulfillment plus raid are all CIVIL cases. These people were never charged criminally. All the people on the page at:

http://www.legal-rights.org/DTV/dtvdocketpage.html

and at:

http://www.legal-rights.org/DTV/civildocketpage.html

Are all CIVIL cases and not criminal. Many of these defendants made settlements which included turning over records to DirecTV™. Many of them are still fighting too and a few have been charged criminally in other suits as well as the civil suits here (Like Al Lewis) for example. So this is well proven which is why people need to get a lawyer for these cases.

They like nothing better than to get a default judgement and it will almost always be for $10,850.00 with costs.

Imagine your surprise when they show up at your work to garnish this amount. When they get their Registered mail returned they may look you up to see if they can find you and if they can they may just proceed to a default judgement and let everything om back to them. Then , once the default judgement is obtained they may check to see how or where they could collect against you and one day perhaps a year later, come bouncing in to seize property or garnish wages and seize your motorboat or whatever is not protected against seizure.

For the year you figure you beat them but the next year you may get a nasty surprise. They have LOTS of time,http://www.legal-rights.org/images/ttrk.gif

So if you just ignore it, this may well be the consequence so I don't recommend ignoring it. See a DAMN LAWYER and deal with it or pay the heavy price later.

It is really not fair to people to give them BAD advice that costs them a lot of money but unfortunately lots of people are. Better to NOT answer a question than to misinform the member asking the question.

I know you are not doing it on purpose but I feel obliged to make the point strongly because some people are giving misinformation they know nothing about. By seeing a lawyer you will find out what the rules are for YOUR STATE and they do vary widely from one place to another.

And over $10,800.00 is enough money to worry anyone because that is what they ask for if you ignore it.

and Ghostdog this is NOT a newer trend, it happened in the first case against some people in the 80 that were sued in California. I have stated this repeatedly here for about 9 months now. Search on the word default and you will find a LOT of posts. So many that I am considering NOYT answering nything that has been asked before. People need to do just a tad of work by themselves.

I had some guy writem me tonight to ask how much the lawyers charge. What am I someones mommie? ---- call him and ask yourself. Geeezzeee!!!!

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Thanks & Good Luck,
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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!

---------

[crownvic]

I wish it was not true Ghostdog,please note I said that they need to respond,how they respond is up to them.
The reason the default judgements are given is nobody is responding so that means they are not contesting. Even if you can't afford an attorney at least let them know that you are in disagreement.
Of course by doing that you are just buying a little more time.
I wish all the best of luck.
CRvic.

[JD490]

He will have to respond to a summons in 20 days. If he doesn't he will receive a default. Ghostdog not sure if you are confusing summons with a Intent to sue letter. He says he has been served a summons by a process server. All they have to do is wait 20 days if he doesn't respond they will have the process server give testimony in court that he has been served then a default judgement will be entered into the record. Partykdj if you plan to settle and don't have the money to get an attorney you might try calling the attorney that Dave is using and see if they will settle. I would not make any statements about the dispute. Just ask if they will settle. Even though it would be much better to get an attorney, but you have no choice now. They should give you the standard agreement. Maybe you can have an attorney look over the agreement for a nominal fee after you receive it. Let us know what happens. Hardly anyone that has been served has posted here at the den, and this has caused a doubt among some that Dave is bluffing when they send the letter. I predict we will see many more people getting served with summons. Also if you can let us know if they offer the standard $3500.00. Week after week I see post on here that say "no one is being served", or "throw away the letter its just a bluff". Listen to TTRK GET ADVICE FROM AN ATTORNEY.

[crownvic]

I think that some are confusing a "Summons" with the letter,you have to respond to a "Summons"..
However I see that a lot get worried and really there is nothing to be worried about.
The bottom line here is you just need to take care of business,you either agree or you disagree. Let them know that you want to Settle or let them know that you are not going to settle and you will take your chances with a Jury if it gets that far. Don't let them get a Default Judgement by you not showing up because it can make things more complicated than what they need to be. ;)

[tazdad]

I could not agree more w/TTRK. The only difference is that we all know the difference between being called out and actually fighting. My point is that if you get served a summons, you need legal advice. Either educate yourself or get an attorney. Someone that uses a screen name is obviously not going to represent you in court or help you pay the bills, so use your head. If your scared, err on the side of caution.

[JD490]

Basically they are forcing him to respond now. If he responds that he disagrees what would be next. How long would he have to come up with the money to get an attorney. Sounds like to me he doesn't have much money to fight them with an attorney. My attorney said it would cost me 10-25k to fight them off in court. Including counter suing them if I win.

[partykdj]

I have an appointment with an attorny this Friday. Received Dave's settlement letter in the mail today $4500 is the cost due to no response to the first letter. At this point I have nothing to loose and will ask for $3500 to see what response I get.

[JD490]

$4500.00 is what I expected from them. Figure its an extra 1000 to file the lawsuit. I expect to see more of these lawsuits filed dave has a way to extort a lot of money this way. I'm in the process of settling my self just got the agreement today my attorney says it has no big problems. I need to stall them till I can come up with the money.

[Popcorn2]

I like the post,

If yer gona be a pirate, act like one!