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Served by DTV
March 8th, 2003, 11:32 PM
removed

To The Real King!!
March 9th, 2003, 12:16 AM
Hi Served,

They have 2 years from the date they were first aware of the breach and since they have already served you and advised you, they are within the time frame.

How you paid has nothing to do with it but the fact that you paid COD may just make it worse. The reason is that there will be a trail (at UPS, Fedex or the mail) showing that there was xxx $ due on delivery and that it was paid for by the person who received the package. So while payment method has nothing to do with it, in this case it just may be worse than any other method. For instance they could have put through a MasterCard but never delivered the product but COD is as it stated "Cash on Delivery."

Since you intend to fight you cannot use a lawyer in a different jurisdiction since he cannot appear as a defence counsel in a state he is not licensed in, unfortunately. So you may want to look at my lawyers page and follow the link at the bottom of the page which also has a further list of lawyers. The link will take you to:

http://www.lawyers.com/lakeshorelaw/directv.jsp

and the lawyers here all have experience with this.

Its a shame that you ignored the first letters since you have wasted a lot of time and now are in a rush. People THINK ignoring the letters will help them somehow but it certainly will not. All it does is give you very little time to do your research, get a proper lawyer and find out about all the ways you can fight the case. I would hope people in the future would begin to realize just how foolish a move ignoring the letters is. I also wish that stupid people (who are not involved) would STOP giving the inane advice to ignore. They do people REAL HARM by this dumb advice.

You still have a wide array of defences against this suit but you need to hire a lawyer and get proper advice as to what those are in a hurry. The lawyer may also get a time extension from the court to allow adequate time to put forth defence. If they bring up the letters though, that may fail but its worth a try.

People in general these silly technical defences like paying COD or not receiving a registered letter or having the name incorrectly spelled have no merit at all. Nobody will win a case based on that type of nonsense because the courts view this as a serious matter of "THEFT" exactly the same as if you stole a TV. Yes DirecTV™ have to prove it but only by a preponderance of the evidence and technical issues wont help one bit.

So get a lawyer fast, develop a strategy and defend away. Also be aware that they monitor this board as all boards so what you SAY HERE may well be brought into court. They do have ways of tracking people's real names and addresses to a nick and its not difficult to do.

I was in court with them and others in my case and they brought several of my posts to court. They even had some I did NOT make, probably counterfeitted.http://www.legal-rights.org/images/ttrk.gif
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Thanks & Good Luck ,

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Silver7A7h
March 9th, 2003, 11:09 PM
I don't think the emails stating you could not get the item to work is going to help you. If anything, it shows you intended to use it.

gunsmoke2
March 9th, 2003, 11:31 PM
4)for other reason i wish to keep for my defense due to the DTV moles on this board.


I assume that you mean that DTV reads here just like every other site.



GS2

Silver7A7h
March 10th, 2003, 01:30 PM
Originally posted by To The Real King!!

They do have ways of tracking people's real names and addresses to a nick and its not difficult to do.


Care to elaborate on that somewhat. I for one use a proxy server which I know is not always bulletproof or ever give my real name and address to anyone involved in this hobby. Perhaps you can clue us in on better ways to protect our identity.