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View Full Version : Just got served....


KneeJrk
June 3rd, 2003, 09:22 PM
I thought I was in the clear....I followed the lawsuits filed by DTV via PACER in my state and was not listed in any of them as a defendant or co-defendant. The statue of limitations affecting my alleged purchases through Fulfillment Plus had expired on May 25th. The lawsuit I got served with today was filed on May 20th and still does not show up on PACER, although the suits filed on May 23rd do. The lawsuit alleges about 2 dozen purchases and I am accused of interstate sales of these items due to the number. If I should decide to settle, has anyone heard of settlement amounts on multiple purchases? I assume it will be more than the standard $4500, but that would be about all I could possibly afford. Any input regarding similar cases involving multiple purchases would be appreciated. Thanks in advance...



HI KneeJrk,

In general with multiple purchases they ask for $3500.00 to $4500.00 for the first unit and then $1000.00 for each additional item. This has been seen with 3 or 4 devices but I suspect they will want more with 24 purchases or so.

I recommend you get a good Lawyer in your area who you know to be reliable or contact one of the lawyers at:

http://www.Legal-rights.org/uslawyer.html

I would have serious discussions on the estimated cost and on the lawyers overall view of your case BEFORE you hire him. This is likely to be a costly one to fight but an even more costly one to settle. The cost to fight may not vary all that much due to the quantity of items purchased but I do believe the settlement would be greatly affected.

Contact a lawyer AFTER you have taken a paper and pencil and written down the entire FACT SET in your case. What the items were purchased for, where you resold them and all the details so that you dont waste the lawyers time thereby costing you additional money.

You will need to have your story laid out that you can clearly stick to because changing your mind about how things took place during a conversation can look very bad to the lawyers you may want to hire. Unless these purchases were for a provable legitimate purpose you may well be between a rock and a hard place. But do go over the situation both in your mind and on paper before you contact anyone so that you have all the answers at your fingertips when you discuss it. That is crutial if you have intentions of fighting them in court. Remember they may have gone to more lengths to investigate your situation (they usually dont bother, it seems) due to the volume of over 20 peices. So be aware that they may have emails you sent to the vendor asking questions or describing your activities and they may request the names and addresses of all those you sold to as part of any settlement as they usually do. This will be part of a settlement so prolly your only choice if you decide not to rat the others out is to fight them. Depending on your financial situation you may also want to consider court protection under the bankrupcy laws which the lawyers can help you on.

The very best of luck to you in your upcoming fight.http://www.legal-rights.org/images/ttrk.gif
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Thanks & Good Luck ,

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DIGGITTT
June 3rd, 2003, 09:51 PM
KneeJrk you have pm...

crzywhtboy
June 4th, 2003, 09:03 AM
KneeJrk, Please keep me posted with this as well, I did double check...my buddy we have been talking about has not been served yet.


crzy

safety
June 4th, 2003, 10:51 AM
Wow, 2 dozen, beat my alleged 20 purchases..