Summons / Verified Answer

[Neller]

Since many people(who may only be guilty of purchasing a reader/writer) are now being served a summons, why can't they send a copy of a verified answer prepared by an lawyer (slightly altered with their info.)to the court within the alloted 20 days? This would save the cost of everyone getting a lawyer for this part of the suit.Also since Dtv sees you are willing to fight to this point they may reconsider the suit altogether. Any thoughts ?

[dmattear]

with the help of a very good friend, that is a lawyer. answer complaint with counterclaims and file a motion for dismissal. waiting on daves next move.:R :R :R cost of free legal advise-priceless.

[Neller]

The concept I am trying to convey is someone needs to post a verified answer(with counterclaims and motion to dismiss) that their lawyer has prepared for them and others can file that answer(with some alterations) with the court clerk in their district

Is this idea useful or foolish ?

[Rydman313]

Because the questions in each case probably aren't going to be the same as any of the others, I doubt that a generic/universal verified answer or motion to dismiss/counterclaim would work......I would imagine that there exists a template or a set of rules explaining how to format the documents and such, is that what you mean?

[Neller]

yes ,a template would be helpful. But I think most of the cases involving iso programmers will be handled pretty much the same because they have many uses. Where can someone get this info? Lawyers almost always want you to settle from my experiences, their in it for the fast buck. Less time more money , even if their client is innocent going to court is not what they prefer to do.

[Rydman313]

You can view/download various filed court documents through PACER (http://pacer.psc.uscourts.gov/).......
I have a copy of an "Answer Of Defendant" from one of the Florida cases, but without the corresponding questions none of it makes any sense.......Basically it starts out 'Defendant, XXXXX XXXXXXXXX ("XXXXXXX"), by and through his undersigned counsel, Answers Plaintiff, DIRECTV, Inc.'s ("PLAINTIFF") Complaint dated XXXXXXX XX, 2002 in like-numbered paragraphs as follows:
1. Without knowledge and therefore denied.
2. Without knowledge as to the number of subscribers to which PLAINTIFF delivers programming and therefore denied. Admit the second sentence. Without knowledge and therefore denied as to the rest of the allegation.
3. Admitted.
And it goes on and on like that for several pages, finally ending with the signatures of the attorney and the Notary Public.........

I really doubt that you would be able to use it to make a 'universal change-the-case-specific-information and file it' type of document.......If you have reached that stage in the game and you haven't retained counsel to handle matters such as this, IMHO, either settle or hire a lawyer, period. I can understand that you're just trying to help others save some money in legal costs, and I commend you for the effort, but I really believe this particular idea isn't going to get very far, sorry.........

But I'm not a lawyer, either, so don't take my word for it......

[crownvic]

Basically what needs to be done is that you respond with some kind of answer to the District Clerk to file. If you don't have an attorney or can't afford one at the time you state in your answer that with the courts permission you would like addtional time and you also are not guilty of what you are being accused(If you intend to fight) It is always better to hire an attorney but if you don't have the funds then you simply just don't have them.
What you don't need to do is ignore this one cause they will get a Default Judgement and you darn sure will need an attorney to get it overturned with a good excuse of WHY you did'nt reply.
GoodLuck.
Folks don't make it easy on them buy being a NO SHOW,or ignoring them.

[dmattear]

everything in the lawsuit is numbered this is your first key. answer the numbers accordingly. admitted, denied or without knowledge. these lawusit have muliple questions in the number items so you must be carefull. i was told you only admit to ( defendent xxx is a resident of xxx county in xxx state). go to a law library and look at several sample answers to a civil complaint. :R

[JD490]

A friend of mine is fighting dave him self. He had it reviewed by a lawyer for $100 basicly 30min of his time before he sent the answers to the court.

[butchs18]

It would be good if someone could format a
answer letter to the summons and post it on this site. I think most of them are worded about the same. It would sure help me.

[BubbaHill]

Maybe, this will help.

http://www.nwjustice.org/docs/205.html

[butchs18]

BubbaHill,
Thanks for the post. It is just what I
needed. Most of us can use it.

[BubbaHill]

butchs18,
Also this might come in handy.

http://www.legalhelp.org/affirmative_diffense.htm

[JD490]

butchs18 are you using an attorney? or doing it yourself?

[Neller]

butchs18
Is there any way you can post a copy of the answer you filed ? (without your personal information of course)
This would be extremely helpful for all the other innocent defendants out there.

[Neller]

Are you still here?
Did you file your answer? If so what happens next ?

[stumped1]

In these letters that are being sent out it says that they have been instructed by DIRECT TV to initiate LEGAL PRO FERERAL DISTRICT COURT

Exactly what is PRO FEDERAL DISTRICT COURT? PRO being the Key word

[Rydman313]

Mine said that they were authorized by DirecTV to "initiate legal proceedings in Federal District Court" against me if I didn't respond within their time limit.......