View Full Version : The Summons are now being served in Tennessee
butchs18
November 19th, 2002, 10:58 AM
Got mine today, But not giving up hope yet!:mad:
morgana
November 19th, 2002, 01:08 PM
Maybe you want to give some details such as the time frame for discovery and court dates etc. It would be interesting to see just how fast they are going to try and make this run.
totallyscrewed
November 19th, 2002, 04:52 PM
Can you please let us know the dates of your first and second letters ??
morgana
November 19th, 2002, 05:57 PM
I am assuming it was just a typo and they are seeking $10,000.00 not $100,000.00. I guess you had best get moving with your answer and already have a lawyer in mind and up to speed. It will be interesting to see just what evidence they actually have against you. I wish you the best of luck. Keep us informed along the way, as to how it is going.
ynot20
November 19th, 2002, 07:38 PM
What DTV collection agency(lawyers)sent you the summons? Did you ignore their 1st and 2nd letters?
flashlighting
November 19th, 2002, 09:07 PM
Check the bottom of the last page, is there a signiture? If not this is a standard mailing with your name on it with a blank space with no case number. I've settled and still received 5 page threat. My name was still active in thrir computer.
Mechanic
November 20th, 2002, 01:00 AM
<a href="http://www.legal-rights.org/dtv/classaction.html" target=blank> <img src="http://www.legal-rights.org/images/classaction.gif"></a>
mrself_destruct
November 20th, 2002, 11:42 AM
Important question: had you responded to the letters or ignored them?
Originally posted by butchs18
I have 20 days from service of this summons to file an answer.
No discovery or court date yet. I'm sure I'll find out soon enough.
They only know of 1 device that was bought from vector Tech,tide to me.There are asking for $100,00.00 plus. That's get rich quick.
condmca
November 20th, 2002, 02:02 PM
Originally posted by mrself_destruct
Important question: had you responded to the letters or ignored them?
After reading some of Butch's earlier posts, it appears he responded in a letter with his own words.
Butch, did you ever send that letter you drafted?
If so, I think you should post a copy of it again so we all know what we're dealing with.
BuzzSawOne
November 20th, 2002, 02:08 PM
I am assuming that Dave has threatened a lawsuit because you bought a programmer/unlooper from a dealer that got busted?
All I can say is I am glad I bought mine from a guy that has had two for about 5 years and figured he didnt need two.
I have to wonder, can they prove you did anything with it? How?
Good luck!
emu_help
November 21st, 2002, 09:31 AM
summons?? maybe I think he got one of the threatening letters again they just upped the amount. Without a court date or date to begin discovery my lawyer said not a real summons and the fact he hasn't responded makes me think scare tactic from dave, just my .02
if this really is true good luck but I doubt it is
EMU
directvp4
November 21st, 2002, 10:39 AM
Get a lawyer and make sure you file a countersuit for extortion. And make sure your lawyer is aware of the class action suit in California. File a complaint with the FTC as they are VERY INTERESTED IN THESE CASES!!! Trust me and make sure you contact the FTC because I know first hand they are about to go after DTV (family member is in legal dept)!
Blackened
November 21st, 2002, 10:52 AM
Could you please give us more information on the case? Were there other defendants besides yourself that were listed? What law firm has sent you the letters? Were you a subscriber? Did you lower your sub plan after the purchase?? Any info to help out the rest of us would be appreciated.
chains
November 21st, 2002, 11:34 AM
Why isn't a copy of the summons posted to see the validity of this claim. Yeah, DTV is going to sue thousands and thousands of end users with absolutely no proof whatsoever. Hello, there are thousands of uses for these devices. They do not even come with software. Hu loaders do not even come flashed. Hell, I could of bought it to be used as a door stop or to wipe my ass. Maybe I ordered it but never used it, and its collecting dust on my shelf. Like DTV is going all the way with this. You know how much money that would cost. Yeah right. They are trying to scare users so they can receive money.
I used a fake name, so now they are chasing ghosts. Spend all the money you want on chasing that ghost. Hahahahaha
Go ahead DTV sue me. Prove that i used these devices to program your cards.
"Its not what you know, its what you can prove" Training Day
emu_help
November 21st, 2002, 11:41 AM
wow sorry butch I was going on the fact that you had not responded. I would certianly ask for a stay since there is a class action suit already filed good luck to you
BubbaHill
November 21st, 2002, 04:20 PM
This whole post by butchs18 sound's fishy to me. He state's
that they are suing for $100,000, then again for $110,000.
In the post below, it's $10,000. I did a search using my
pacer, and could not find such a suit. There are a few law
suit's that were served in TN. a few week's ago. Maybe, I'm
wrong!
butchs18
To the Real King
Thanks for your responce, I have not sent the Letter yet.
Wanted to see what responce it would get. Unless they are just trying to scare everybody, we may be cooked anyway.Your right about one thing
they want $10,000.00 and I don't take that lightly.Never would have dreamed that one little device through the mail would cause this.
I have been reading all you post. Looking for a glimmer of hope.
I can't pay out that kind of money.So I'll just wait and see what
comes next.
JD490
November 21st, 2002, 08:05 PM
That amount means nothing anyone that has been sued before knows this. I have been sued before which they claimed everything under the sun 99% is untrue, and the amount of money was way out of site. The summons is just a court filed complaint. Once he answers the complaint then it will take a long time before anything is resolved. All the lawyers will decide if the case will go forward as depositions are taken. DirecTV wants to get him in the hot seat and ask the question" did you ever steal Pay TV". DirecTV seems to have no legal sense. Most lawyers tell me they won't win in court and even seasoned ones I know a lawyer that has been in more then 100 federal civil trials I showed him what they sent me and explained he said its going to be a hard road for them to win. I believe the class action might win because of the lack of evidence they start with and the mass mail approach shows a pattern of settling there claim through use of cost of litigation to force settlement. Now if the class action wins they probably will offer everyone that settled if they want there money back and cancel the agreement, but the catch will be they can investigate you further and find that you might have more purchases. Class action will help people that bought 1 device and never fooled with much of it. Which is a bunch of people. DirecTV is speeding up there mailings My friend received the first letter called End user DEV. a week later the guy tried to tell my friend how he was in a lot of trouble my friend asked what he had on him and he said he would hang up if he asked questions. My friend asked again and he hung up. 2 days later he received the draft copy of the lawsuit, so I expect the real summons to be coming next. I thinnk they are worried about being stopped by a court injuction.
juggernauit298
November 22nd, 2002, 07:37 AM
Butchs18 I too am being served papers in TN. Since I'm out of town they haven't served them yet but they have called several neighbors and family members looking for me. They'll have to wait until Jan or Feb as I'll be gone that long. I think we should start a class actiopn suite in TN against DSS and I have a lawyer that is agreeable if we have enough complaints. The more suits we file against DSS the less time and effort they will have to harrass others. I received the two previous letters over a 9 month period and did not respone to any. So no response does not guarantee they will leave you alone. I do think fighting them back with their own game is the way to go.
directvp4
November 22nd, 2002, 08:45 AM
And for you Americans CALL YOUR FTC they want to hear from you!
juggernauit298
November 22nd, 2002, 10:53 AM
I have most certainly done that!!!!!
JD490
November 24th, 2002, 11:24 PM
juggernauit298 be carfull they don't get a defualt judgment. They have used the US mail for process of service in these cases. All they need is the judges approval. They have done this in almost every docket up on legal-rights.org. They will get a default if they are granted this type of service and you let the certified mail go back to them. http://www.legal-rights.org/DTV/civildocketpage.html
juggernauit298
November 27th, 2002, 07:01 AM
I'm not sure what you mean a default judgement. Surely there can't be a judgement against me without me there can there.
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