Summons???

[jc76]

My friend got the second letter and he's willing to wait and see what happens, but if he's served with a summons, does he has to sign for it when it gets served or anyone can? This guy is almost never at home...

[acidboy]

The Sheriff will probably deliver the summons. The Sheriff will track your friend down at work/school/home/family/friends/mall/whatever and not just give up like FedEx or the Post Office might.

[JD490]

Any competent adult will be served at your residents they will ask the person if you live there if they say YES you are served. They can't leave it with children. They most likely will show up later at night 8-10 at night. Remember even if they are not able to serve your friend they can go back to the judge and request a service by USMAIL. Which in every case posted on Legal-rights.org they have done. After they do that they get a default judgment if he doesn't answer the summons in 20 days. Trying not to be served won't get him out of this. I do know 2 people that told Dave to F-off and they never got served its been 8 months. Doesn't mean they wont be, but who knows.

[jc76]

What if my friend waits to be served with the summons if it ever happens, can he still settle WITHOUT an attorney???

[Duck Of Death]

The Sheriff will leave his card if nobody is home and ask you to call him when you return. He will then come back.

[titslinger]

jc76 What if my friend waits to be served with the summons if it ever happens, can he still settle WITHOUT an attorney???

Yes you can settle just by calling the DTV attorneys and just tell them that you would like to settle. But if your friend waits untill he is served it will cost him $4500 instead $3500.

[jc76]

So if he gets served with the summons and then plans to settle, he would pay the 4500 with no need to hire an attorney to respond to the summons? If thats the case it would be another 500 or so in attorney fees..

[titslinger]

"So if he gets served with the summons and then plans to settle, he would pay the 4500 with no need to hire an attorney to respond to the summons? If thats the case it would be another 500 or so in attorney fees.."


Thats what I have heard. He would just need to call the DTV attorneys himself. But if he is going to settle why not settle now and save 1000 bucks?

[ALittleBirdie]

Thats what I have heard. He would just need to call the DTV attorneys himself. But if he is going to settle why not settle now and save 1000 bucks?


Not a bad gamble (although $1000 is a good deal of money), DTV has not been able to file suit yet against everyone unwilling to settle. When you consider the clock is ticking (despite the crap DTV's lawyers spew) as far as statue limitations on their "Fulfillment Plus" customer list it may not be a bad gamble. The general consensus among the legal minds I've talked to...two years from the time the records from the raid of "Fulfillment Plus" were received by DirecTv for the "meat" of their case (although State laws may come into play). That puts the cut off date around late May - early June this year. They can spout off about how it didn't come up in their computer until date x so...and promptly get laughed out of court (hopefully).

DirecTv is basically giving 3.5:1 odds that they'll file by early June, assuming you're from the "Fulfillment Plus" records (unfortunately DTV is playing with your money).

You're $3500 in the hole, do you put another $1000 on the line to try and break even?

[mitchwick]

my friend was just sent a 2nd notice. Going by what I've been reading, can he just ignore them or does he need to do something??

[condmca]

Originally posted by mitchwick
my friend was just sent a 2nd notice. Going by what I've been reading, can he just ignore them or does he need to do something??

He should just ignore them. To respond to them is to provide dave's low-life lawyers with information nobody is obligated to disclose. Remember that anyone can send a letter threatening to sue you. Don't reward these people with one dime of your hard earned money. Make them sue you for your money. They won't sue. Unless, of course, you're profiting in some sizable monetary way. :K

There are 100's of posts around here that will help people realize that this letter campaign is nothing more than a scare campaign that is primarily being used, I believe, to scare people out of this hobby. If you give in to scare tactics, you let the terrorists win. Dave's been acting as low as a terrorist with this fear campaign.
:mad:

So tell your friend's not to settle! ...and beware of those intentionally misleading posts from dave's people, they live in this legal forum :gg

[mitchwick]

That's what I've been telling him. I've done quite alot of reading about this the last few days and that is the general tone I'm getting. My question arose from this thread with guys asking about getting a summons.

I just wanted to make sure I was giving him the best advice. I've done alot of copy/paste. He is reading things just as I am. I'll be copying him what you just said also. Thanks again.

[jc76]

So what are the chances of getting the summons if you don't respond to the second letter?

[Mechanic]

http://www.dsschat.com/forum/poll.php?s=&action=showresults&pollid=109

[REDx]

Originally posted by mitchwick
That's what I've been telling him. I've done quite alot of reading about this the last few days and that is the general tone I'm getting. My question arose from this thread with guys asking about getting a summons.

I just wanted to make sure I was giving him the best advice. I've done alot of copy/paste. He is reading things just as I am. I'll be copying him what you just said also. Thanks again.

tell your friend to speak to a lawyer.
call or email Zakarian he is a member
here. it wont cost him anything.
-Albert A. Zakarian, Esquire
(813) 251-2200
zakarian@tampabay.rr.com

to ignore a demand letter is just bad
advice.

now if you have nothing of value like
a house or car. your checking account
is over drawn most of the time. your
retirement plan is those 5 lottery
tickets ya buy every week. then ya
ignore the letters. follow the advice
of people in same boat you are.

[condmca]

Originally posted by REDx
to ignore a demand letter is just bad
advice.

Take ALL advice with a grain of salt. Research people's past posts to help find a common theme in their posts. Not everybody has your best interests in mind. Some people, it would appear, have other motives in posting here :R