WAY OT: Please Read
- Thread starter joker
- Start date
thankgod4fish
Member
my aunt was taken for 3k by cablevision.
joker
Member
well, I dont have the mega bucks to fight them (spent it all on SW tanks)!! I did get a letter in the mail today from a collection agency for DirecTv, I still owe them $100 bucks, and the collection fee is $96 bucks. I did send the settlement papers back to my attorney with some modifications to be added. One was They release me from my past due bill, since they are getting a grand for nothing. They also wanted me to allow them to state in the press that they had "settled a lawsuit in FL", but yet, after I sign the deal, I cant say a word about it. So I am demanding the same from them. Now here is the clincher on that statement, The settlement stated that they couls release a press statement about settling a suit in FL, but not our names. My demand for settlement says they cannot say FLORIDA at all. Doubt it they will agree to that. So I am sure I will end up in Federal court. My attorney knows that I dont have any money, hence the low settlement amount, all settlements so far have been for around $4k, But I will BEG my brother for a $20k loan for this. He has the money, since he a major record producer. Hell, he just bought Glenn Fryes ( musician ) ranch in Sante Fe, NM.
THE FIGHT GOES ON, hopefully.
THE FIGHT GOES ON, hopefully.
tony detroit
Active Member
I don't have any problem with them suing people that get free cable/satelite. Those people make everybody else's price higher.
so **** all the free cable/satellite people out there. Pay your bills dirt a$$'s.
If the satellite company was in England this would have never happened. If you sue somebody over there and your case is a joke then you have to re-imburse their legal fees. IMO a much better idea than our system. They would have thought twice about who they sent their letters to.
Bad business costs you money, and you can believe this is going to cost them a lot of money. Friends of friends of friends think this is a BS deal and it is. They are going to lose a very considerable amount of business over this, possibly more money than the piracy was costing them.
so **** all the free cable/satellite people out there. Pay your bills dirt a$$'s.
If the satellite company was in England this would have never happened. If you sue somebody over there and your case is a joke then you have to re-imburse their legal fees. IMO a much better idea than our system. They would have thought twice about who they sent their letters to.
Bad business costs you money, and you can believe this is going to cost them a lot of money. Friends of friends of friends think this is a BS deal and it is. They are going to lose a very considerable amount of business over this, possibly more money than the piracy was costing them.
smarls
Member
That sucks, and I am sorry to hear it. If you have the money, and/or the firepower, you will win, and they will back down. [ps - this is not "legal advice"...just some thoughts]
I would say that the US legal system is the best in the world...undoubtedly. Everyone has access to it, and basically, justice is always served. However, you need to have money to play in it.
What you are dealing with right now is NOT the legal system though...it is basically hardball intimidation by a Company under the veil of "legal process". It does not sound to me that a single legal step has been taken (no complaint filed etc.), a dos this is still a private matter.
Someone stated above that your attorney is bad if he is advising to settle. I would disagree...you counsel is to take into account your best interests, and if you do not have much money to settle, then you definately do not have the money for a drawn out court room battle. Cost of litigation, for anything, is a minimum of $50k. He may be suggesting you settle just to get this thing out the way in a manner you can afford.
If nothing has been filed in court, you can sure them first, and choose the venue (small claims court). They cannot be represented by counsel, and you could sue them for a jutlitude of things as long as you are iwlling to accept a small settlement amount. You may want to discuss this with your counsel.
Either way, this sucks...good luck.
I would say that the US legal system is the best in the world...undoubtedly. Everyone has access to it, and basically, justice is always served. However, you need to have money to play in it.
What you are dealing with right now is NOT the legal system though...it is basically hardball intimidation by a Company under the veil of "legal process". It does not sound to me that a single legal step has been taken (no complaint filed etc.), a dos this is still a private matter.
Someone stated above that your attorney is bad if he is advising to settle. I would disagree...you counsel is to take into account your best interests, and if you do not have much money to settle, then you definately do not have the money for a drawn out court room battle. Cost of litigation, for anything, is a minimum of $50k. He may be suggesting you settle just to get this thing out the way in a manner you can afford.
If nothing has been filed in court, you can sure them first, and choose the venue (small claims court). They cannot be represented by counsel, and you could sue them for a jutlitude of things as long as you are iwlling to accept a small settlement amount. You may want to discuss this with your counsel.
Either way, this sucks...good luck.
joker
Member
yeah they filed the lawsuit in Federal court in Florida. We filed our reply and then it was a game of Tennis. My attorney said he would represent us in fed court if we wanted to go that route, but it would be expensive, and he doubted we could pay the fees to play that game. I did check with other attorneys listed in the DirecTv lawsuit pages, and was told the same thing, settle was the most cost effective route, especially since a class action was a long way down the road. My attorney basically stated that DirecTv attorneys siad they could draw this out and cost us a TON of greenbacks in our attorneys fees. It is a no win situation, and we think it would be best to get out of it right now, with the least amount of $$'s spent.
cyslyde
Member
sometimes you just gotta pick which battles to lose. is it really worth it to go broke? i highly doubt that they will reimburse you for your costs, even if you take them to court, buisnesses have a way of making thier settlements dissapear, but yours are always there. funny how it works sometimes.
btw sorry about my comments earlier, sammy's right.... ugh almost 14 straight hours of working someone hit the pole to take out my phone and I vented on this LOL
btw sorry about my comments earlier, sammy's right.... ugh almost 14 straight hours of working someone hit the pole to take out my phone and I vented on this LOL
sammystingray
Active Member
The burden of proof is on the plaintiff....there is NO way for them to win a court case since they do not have the means to tell if anyone got free services. Can't folks just defend themselves? There is basically NO way I would pay them anything if I honestly wasn't getting free services. Public defenders should be able to handle such a simple case? I don't even understand how they are getting away with this stuff.
rbmount
Active Member
Big companies $uck. I have a friend who is doing battle with one of those 1-900 phone se_ lines now. They are trying to make him pay a $199 bill. The thing is that the call was made by a 14 yo kid. My question is why were they talking to a 14yo that voice hasn't changed yet. They are jerking him around saying now that they have credited him the bill twice,and now they want him to pay back the $199 they have credited him, which has never appeared on his bill in the first place! Of course he is getting the runaround from my employer and the phone $e_ company as well!
leigh
Active Member
I believe public defenders are only their for criminal cases. For a civil case you're on your own.
Originally posted by sammystingray
The burden of proof is on the plaintiff....there is NO way for them to win a court case since they do not have the means to tell if anyone got free services. Can't folks just defend themselves? There is basically NO way I would pay them anything if I honestly wasn't getting free services. Public defenders should be able to handle such a simple case? I don't even understand how they are getting away with this stuff.
Originally posted by sammystingray
The burden of proof is on the plaintiff....there is NO way for them to win a court case since they do not have the means to tell if anyone got free services. Can't folks just defend themselves? There is basically NO way I would pay them anything if I honestly wasn't getting free services. Public defenders should be able to handle such a simple case? I don't even understand how they are getting away with this stuff.
tony detroit
Active Member
Originally posted by smarls
I would say that the US legal system is the best in the world...undoubtedly. Everyone has access to it, and basically, justice is always served. However, you need to have money to play in it.
Two things
1. you have either not been involved in our legal system
or
2. you are blind
or
3. you work for the legal system and you defend it because that's what you do for a living
50K to defend yourself???
do you know how many people don't make 50k in a year?
let alone make 50k, but after taxes you'd have to make close to 70k to spend 50. That means you would work a whole year for defense from the lawsuit. And that's if you make 70k a year. If not that possibly means two years.
A person should never have to admit guilt if they're not guilty.
lurch694u
Member
Just look up on some hackers site for a anomyous IP address. You log on thru there to do your websurfing. So when they try to capture your IP address it just says someting like haha you can't see me. I think tlsecurity.net has this. 
I love it businesses think they get smarter but hackers are always on top of them.
I love it businesses think they get smarter but hackers are always on top of them.
spanish dancer
Member
(still trying to figure out what this has to do with reef aquariums)
oh, wait a minute, it has nothing to do with reef aquariums, but anyway, I totally agree that you are in a horrible situation right now and is totally wrong. i mean, I don't even understand how they could get proof of this.
Good luck
oh, wait a minute, it has nothing to do with reef aquariums, but anyway, I totally agree that you are in a horrible situation right now and is totally wrong. i mean, I don't even understand how they could get proof of this.
Good luck
smarls
Member
Tony Detroit,
Your response sounds a little angry, which I do not think is desevered. Reality differs drastically from what a person likes to imagine, our justice system is no different.
No, I am not blind (that would be Justice who is blind) and yes, I have been involved in the legal system, as a defendant, and a plaintiff, and as a member of the judiciary. I am an attorney (general-counsel of a software company), although not a litigator, and I worked for the Federal District Court - a civil and criminal trial court.
If you would like to see a bad legal system, well I can suggest some countries you should go and see. They would not send you a letter if they thought you were wrong, but rather you would be dragged from your house in the middle of the night and have electrodes attached to various points in your body until you "admitted" your guilt. This happens in many countries frequently...so I guess when you call our legal system "bad" it is all relative.
As for cash. You do not "need" it. Anyone is entitled to defend themselves in a court of law, in both a criminal or civil action. If it is criminal, then you need no money as "an attorney will be provided for you by the State". If it is a civil action, then show up and see what happens...but understand even if you don't get an attorney it costs money...preparing pleadings, court costs, filing costs, copies, time off to show up, etc, etc. Justice is not cheap.
Also, the plaintiff's here followed some proper methods and sent two letters asking for a response etc. I am guessing that the letters were not replied to...which is not necessarily the best approach. The person was also on an FBI list (I am sure that was a mistake, but it is a decent basis for naming someone in suit). Ignoring demand letters and being on an FBI list would make me a little wary as well.
but back to the money, as that is what you seem concerned about. I understand that $50k is a lot of money...I am well aware of that. I also agree that people should not have to plead guilty to things they did not do. But our legal system, if you choose to take advantage of it, is designed to make sure that you do not have to, "let 100 guilty men go free before you imprison one innocent man" and all that. But sometimes it is not worth the trouble...principles cost money. Justice is always a trade off, and if you expect a perfect world where justice is served to everyone for free...then I would suggest that you might be being a tad naive.
As for me, I make no money from litigation. Actually I spend a lot of money defending my company against frivilous suits. Even though, I still would say this is the best legal system around.
JMO.
Stewart
Your response sounds a little angry, which I do not think is desevered. Reality differs drastically from what a person likes to imagine, our justice system is no different.
No, I am not blind (that would be Justice who is blind) and yes, I have been involved in the legal system, as a defendant, and a plaintiff, and as a member of the judiciary. I am an attorney (general-counsel of a software company), although not a litigator, and I worked for the Federal District Court - a civil and criminal trial court.
If you would like to see a bad legal system, well I can suggest some countries you should go and see. They would not send you a letter if they thought you were wrong, but rather you would be dragged from your house in the middle of the night and have electrodes attached to various points in your body until you "admitted" your guilt. This happens in many countries frequently...so I guess when you call our legal system "bad" it is all relative.
As for cash. You do not "need" it. Anyone is entitled to defend themselves in a court of law, in both a criminal or civil action. If it is criminal, then you need no money as "an attorney will be provided for you by the State". If it is a civil action, then show up and see what happens...but understand even if you don't get an attorney it costs money...preparing pleadings, court costs, filing costs, copies, time off to show up, etc, etc. Justice is not cheap.
Also, the plaintiff's here followed some proper methods and sent two letters asking for a response etc. I am guessing that the letters were not replied to...which is not necessarily the best approach. The person was also on an FBI list (I am sure that was a mistake, but it is a decent basis for naming someone in suit). Ignoring demand letters and being on an FBI list would make me a little wary as well.
but back to the money, as that is what you seem concerned about. I understand that $50k is a lot of money...I am well aware of that. I also agree that people should not have to plead guilty to things they did not do. But our legal system, if you choose to take advantage of it, is designed to make sure that you do not have to, "let 100 guilty men go free before you imprison one innocent man" and all that. But sometimes it is not worth the trouble...principles cost money. Justice is always a trade off, and if you expect a perfect world where justice is served to everyone for free...then I would suggest that you might be being a tad naive.
As for me, I make no money from litigation. Actually I spend a lot of money defending my company against frivilous suits. Even though, I still would say this is the best legal system around.
JMO.
Stewart
lurch694u
Member
Originally posted by Spanish Dancer
(still trying to figure out what this has to do with reef aquariums)
oh, wait a minute, it has nothing to do with reef aquariums, but anyway, I totally agree that you are in a horrible situation right now and is totally wrong. i mean, I don't even understand how they could get proof of this.
Good luck
The Big letters "OT" means off topic... So if you don't want to read OT's then don't! Maybe they need to make a OT lounge on the board.
joker
Member
yes you are right, in a way. My name was on a computer supply companies shipping manifest and that is where they got my name. To my knowledge, not on any FBI list, I hope. this company had been selling hardware to modify cards. I have never modified or used any modified cards. any cards that have or are in my possession have the directv programming as done by their programmers. no card that is or has ever been in my possession has ever been tampered with. my name was on a shipping manifest, that is all.
When I received the threats, and believe me, they are threats, there was an article in USA Today about this, with a reference to a Law Center in LA. I went to their site and followed the recomended directions, which, if I remember right, said "have no contact", so I had no contact. My mistake was believing that it would get straightened out, or it was just a threat.
Yes the burdon of proof is on them to prove, but they have already informed my attorney of the amount of "dragging out" they can and will do (again another threat), and at $150 per hour, my attorney says it will cost more than I can afford.
I think that is why we will settle just to get this over.
As far as the settlement itself goes, today was the demanded deadline, and my attorney has not heard back from DirecTv's attorneys regarding my demands for the settlement terms. We will continue to wait and hope they will at least give in and realize that I have done nothing wrong against them, but that is a dream, I am sure.
Any one want copies of the letters or settlement, I can distribute them until the time we sign the settlement. just send me your email address, then you can see how dirty and threatening this company is.
My Sincerest "Thank You" To SWF.com for allowing OT subjects on this board.
BOYCOTT DIRECTV PLEASE
thanks for your replies, my friends.
When I received the threats, and believe me, they are threats, there was an article in USA Today about this, with a reference to a Law Center in LA. I went to their site and followed the recomended directions, which, if I remember right, said "have no contact", so I had no contact. My mistake was believing that it would get straightened out, or it was just a threat.
Yes the burdon of proof is on them to prove, but they have already informed my attorney of the amount of "dragging out" they can and will do (again another threat), and at $150 per hour, my attorney says it will cost more than I can afford.
I think that is why we will settle just to get this over.
As far as the settlement itself goes, today was the demanded deadline, and my attorney has not heard back from DirecTv's attorneys regarding my demands for the settlement terms. We will continue to wait and hope they will at least give in and realize that I have done nothing wrong against them, but that is a dream, I am sure.
Any one want copies of the letters or settlement, I can distribute them until the time we sign the settlement. just send me your email address, then you can see how dirty and threatening this company is.
My Sincerest "Thank You" To SWF.com for allowing OT subjects on this board.
BOYCOTT DIRECTV PLEASE
thanks for your replies, my friends.
smarls
Member
Tony,
By the way I didn't mean that to sound harsh, and reading it again, I think it may have come off like that. everyone is entitled to their opinion, and just because I work as an attorney does not make mine any more imprtant or correct than yours.
I think a good analogy is the medical field. You hope you don't get hurt, but sometimes you do, through no fault of your own, and you hope your insurance covers it. If not, you are stuck with a $25,000 bill for emergency services...
It is similar. You can buy legal insurance, which covers your bills if you get sued...but it is as expensive as medical insurance.
This sounds like a case, through no fault of his own, that Joker was dragged into the legal arena...and it is expensive to be there. You are correct when you say it sucks...it does.
Stewart
By the way I didn't mean that to sound harsh, and reading it again, I think it may have come off like that. everyone is entitled to their opinion, and just because I work as an attorney does not make mine any more imprtant or correct than yours.
I think a good analogy is the medical field. You hope you don't get hurt, but sometimes you do, through no fault of your own, and you hope your insurance covers it. If not, you are stuck with a $25,000 bill for emergency services...
It is similar. You can buy legal insurance, which covers your bills if you get sued...but it is as expensive as medical insurance.
This sounds like a case, through no fault of his own, that Joker was dragged into the legal arena...and it is expensive to be there. You are correct when you say it sucks...it does.
Stewart
michaeltx
Moderator
My name was on a computer supply companies shipping manifest and that is where they got my name. To my knowledge, not on any FBI list, I hope. this company had been selling hardware to modify cards.
that is exactly how they got your information I bet if you went to your internet provider and ask them if anyone has requested a detailed list of what has been done on your IP they will tell you yes. and that they had to give the information over to them.
it just keeps getting worse and worse I hope that you can get everything settled out but for some reason I dont think you are going to hear anything from them anytime soon.
keep us updates as it goes along the best you can I know when it gets to a certain point you are going to be told dont say another word about to anyone.
Mike
that is exactly how they got your information I bet if you went to your internet provider and ask them if anyone has requested a detailed list of what has been done on your IP they will tell you yes. and that they had to give the information over to them.
it just keeps getting worse and worse I hope that you can get everything settled out but for some reason I dont think you are going to hear anything from them anytime soon.
keep us updates as it goes along the best you can I know when it gets to a certain point you are going to be told dont say another word about to anyone.
Mike
jarvis
Member
Hey Joker can you send the letter my way. stevetorresin@yahoo.com