PDA

View Full Version : FYI, Time Line for a summons


Boojer
February 19th, 2003, 05:32 PM
I never received a first letter. In late april I recieved the second letter and my attorney responded demanding evidence. Last friday I recieved my official summons from a process server. Apparently you will get a summons wether you had an attorney respond or not. It just takes longer.

MrMunroe
February 22nd, 2003, 12:59 PM
Did they reply to your attorney's letter?
If they didn't reply, did your attorney follow up with a phone call or another letter?

totallyscrewed
February 22nd, 2003, 03:01 PM
Can you tell us what state you are located in ?

Boojer
February 22nd, 2003, 08:57 PM
They did reply to my attorney's letter with a fax of an illegible slip of paper which was a shipping invoice.

FL

scott1son
February 22nd, 2003, 09:43 PM
Dave don't care he want to scare us in to paying. Allright i'm a Gunner now. Ya who

To The Real King!!
February 23rd, 2003, 12:27 AM
Hi Boojer,

Sorry to tell you this but there is no valid time line as such. There are several misconceptions by the general public that are wrong and one of these is a time line.

Here is how it actually works. DirecTV™ get a list and send a letter to all people in a particular state. Generally they try to do this in a timely manner. Then they send a second letter and negotiate if they are contacted.

Now they sit back and wait until they have around 15 people in that area that they can sue. It costs $ 150.00 approx. to file suit for one person or for 25 people. They have decided on between 10 to 15 unless there is some reason that these numbers are too cumbersome. They have no real deadline here and this is just an approximation for them.

The other misconception is that the letters are invalid (numbers 1 and 2 if they are not registered mail. This is also BS and they do not even have to send a letter if they do not want to. But they like the letters since they are good and threatening and do scare some people.

But they will sue you if the letter I registered or not. They could care less.

NOW comes the summons. That has to be signed by he who receives it, unlike letters one or two. But THIS is the only letter that must be signed for and there is no advantage at all to trying NOT to be served with letter one or three.

Regards

To The Real King!!

MrMunroe
February 23rd, 2003, 05:56 AM
What did your attorney do when he got the illegible fax?

My attorney called them and told them their evidence was BS.
He told them that they were making serious criminal accusations against me and all they had was a shipping slip, a credit card number and an email address. They had no proof that I stole their signal.
In essence, he was saying to them that he would gladly see them in court if that was all the evidence they had. And if that was not all the evidence, where was the other evidence?
They agreed!
They told him that they were going to put my case on hold, pending further evidence. My attorney had them send their decision to him in writing, for his records. He also told me that it doesn't matter if they come up with new evidence, because they still can't prove I did something criminal. In his opinion, they are using a criminal statute as a basis for a civil action, and because of that, eventually, they will have to prove that I did something criminal, and they can't.

Did your attorney follow through in this manner?

Boojer
February 23rd, 2003, 06:04 AM
My attorney requested another legible copy. Never got one. no phone call, nothing.

TTRK I know there is no definite time line. There were folks asking about a time line on the forums so I responded with mine. I believe there are alot of people who also had their attorney respond and never heard back and are hoping that its over. Its not.

newideas
February 23rd, 2003, 05:42 PM
Were you dealing with "End User Group" or directly
with their attorneys
back in April? Who is suing now?

Boojer
February 23rd, 2003, 07:40 PM
Never dealt with the end user group. I'm dealing with local attorneys now.

newideas
February 24th, 2003, 04:36 PM
I wonder whether we really get straight answers
from many attorneys. My Godson's attorney is my
personal friend who I have known for many years,
and he is trustworthy, yet we got two different
comments out of him about how the call with Dave
went: 1)'I told them to take a hike without real proof',
and 2)'I made a "demand for proof", the ball is in
their court and they have to proceed to produce
it as a matter of legal protocol, anything else
would be renegade and out of the ordinary.'
Seems like they "went renegade" on your lawyer...
maybe because this "get a lawyer" advice is reported
as successful on sites like this and there are lots
of people in your area in a similar postion to you
that this will freak.

Boojer
February 24th, 2003, 06:23 PM
I don't think its a matter of straight answers. Yarmouth and the gang are running a paper mill and after one or two phone calls it goes in another basket. later on someone finds the file and refers it to the local attornies and we have to start all over.