Paid sub and letter

[bolverk]

I was just wondering....by maintaining a paid subscription to DTV....and with DTV accepting your payment, haven't they negated there ability to sue you for loss....

I know that if I want to evict a tenant and I accept payment from them before I goto court, unless I right "With Reservation" on the receipt I don't have a case.

DTV is receiving money from me each and every month for upwards of $85....they accept my payment for receiving their sat service...how can they sue me for wrongful activities when they accepted my money for their service?

I am probably way off here, but my lawyer said I was onto something....also I was told that by including a copy of a legal document <the summons> that has not been recorded is illegal and appears to be a form of extortion...

[crownvic]

Well No because this is totally different.
It is not like a Creditor that you owe money to that may settle for partial payment to settle a debt that you owe.
This is more like going to WAL-MART and paying for some of what you bought and shop lifting the other items.
The fact is if you get caught you will still be prosecuted for shop lifting. The other fact here being that if THEY prove that you stole what you have not paid for, then they have a case.

[bolverk]

CrownVic,

Thanks for the info...I have a buddy who got the letter and also maintained a paid sub....I guess the best comparison for this is speeding....even 1 mile over the limit is illegal.....

I'll let him know that basing his defence on his paying for a legit sub is not going to be enough....

One quick question....discussion groups would not be considered proof that you actually did something wrong would it? I mean posting info about this or that...saying your up or down, giving someone help, etc.

I do have one comment to make, I have three subed units at my house, I have more problems with the receivers burning up, calling DTV customer service at least once a week, screens going black & white, and lately only being able to recieve the para todas channels....while my buddy runs 3 testing systems, and stays up and running usually without to many problems...LOL go figure!

[hognutz]

I think people here miss the point. I think if you fight you will win. keep your mouth shut and make them prove the case. the defense costs more than the settlement most likely though. Just because dtv sues you doesn't mean they win. It just costs you money. On the flip side just cause you give dtv 9000 excuses does not mean they will drop the case. If they dropped every case because someone said they did not do it no one would be settling. I have heard no case going to court where the defendant fought it with a good defense and lost. IT is a simple question of $$$$$$$$$. I will not settle unless I am sued. IF I am actually sued I will proably not fight just because of the time and money involed. The real lossers are the people who settle before they are sued. they are just giving their ---- up. If I were wealthy I would just tell them to suck it period. They really have a weak case court just costs money that is the bottom line.

[JD490]

Why would you think a looser is a person that settled. Maybe that person that settled just doesn't want the hassle of always thinking he might get served. Some want to just move on with the lifes, and not think about it anymore. Everyones situation is different. People that get the letter should make up there own mind. A person that made 3-5 purchases from different dealers and gets a letter from 1 offering a settlment it might be the cheapest and quickest way out.

[hognutz]

I just personally think that settling with them before they actually serve you makes it easy for them. If they had to file paperwork in every case at least they would be spending more time and money. It is just my opinion. Once you are actually sued and would have to retain a lawyer then it is a strait finacial question. To think that just cause you have a letter you will get sued right now is kind of unknown. way more letters have been sent that people sued to date. I feel the more people that fold up before they actually go after you gives them more insentive to send more letters. I could be wrong but this makes sense to me. I mean think about it if everyone settled they would send letters to every name that got turned over. they only way they will stop is if there is strong resistance to the letter. I don't know you tell me does that make sense? I don't see how just settling provides any resistance to their tactics.