demand letter negotiation?

[wetspot]

What is the lowest price the Texans will take?, I was told an amount, looking to see if they are lying to me.
Post or pm is fine.
Thank you..........

[joem1947]

What is the lowest price the Texans will take?, I was told an amount, looking to see if they are lying to me.
Post or pm is fine.
Thank you..........

Now i'm really shocked, you think a lawyer would actually lie or mislead you?

[Nostradamus]

I think the only one who would know that amount is the one making the demand of payment

[wetspot]

I think the only one who would know that amount is the one making the demand of payment
ok, i will rephrase, anyone that has settled post up or pm the price you paid, lets compare.

[dishuser]

ok, i will rephrase, anyone that has settled post up or pm the price you paid, lets compare.

how much were you told?

[bkr™]

Now i'm really shocked, you think a lawyer would actually lie or mislead you?

You must be kidding...they are in training to become politicians :rotflmao:

[mudflap]

So they will negotiate?

[JCO]

Depends on how strong their case is.. If they feel they have you by the family jewels why would they negociate??

[mudflap]

The only thing I see is an email

[JCO]

They could have more. Like Pay Pal records and god forbid they access your ISP records..

[mudflap]

Don't know just trying to see what the options are

[JCO]

If you read through the various threads you will probably come to the conclusion that resistance is futile, or at least more expensive to fight than to settle..

[mudflap]

I have been reading I just don't have the 3500 that's why I want to know if I could negotiate with them

[Glatt]

They have never taken anyone to court because if they lost all would be over!

[mudflap]

How do you know this for sure

[Bill]

I received a demand letter from Directv for 3500.00 and was advised by a lawyer not to responed. Never heard from them again. If you get a court order to appear that would be a different story.


This was Directv and it was about 5 years ago.

[mudflap]

I received a demand letter from Directv for 3500.00 and was advised by a lawyer not to responed. Never heard from them again. If you get a court order to appear that would be a different story.

How long ago was it

[dishuser]

They have never taken anyone to court because if they lost all would be over!

really?
no one?

[mudflap]

That's what I say

[sodusme]

That's what I say

Do you work? If you are on SSI or disability or some other kind of assistance there are laws in place that protect those types of "income" from seizure in a default judgment. Do you own a car? Do you own a motorcycle? Do you own a boat? Do you own a home? Do you have a 401K? If you answered no to all the last ones and yes to the first one then consult an attorney on all the particulars but there is really little they can do to you.


http://www.consumerfinance.gov/askcfpb/1157/can-creditor-garnish-my-social-security-benefits-pay-debt.html

Now before the nay sayers jump in I am NOT advocating ignoring the letter my advice is very simple: If you fall into a certain category of persons and basically have no income to speak of and own nothing there is little a default judgment can do to you. Now are there exceptions to this? YES there are so like I said read the above article and consult an attorney if you think you fall into this category.

I am not an attorney but I know the old adage applies: Its hard to get blood out of a turnip. If you have nothing to take or seize what can they do to you?

[Grave Digger]

I have been reading I just don't have the 3500 that's why I want to know if I could negotiate with them

get a lawyer to negotiate for you, dont do it yourself

[zelig]

get a lawyer to negotiate for you, dont do it yourself

you have to pay him too.
if he can't afford the $3500 a lawyer is out of the question

[zelig]

it's like those spam phone calls
never press #9 to be taken off the list,then they know they got a live one on the line.

[crazycool]

Glatt, how do you know that they have never taken anyone to court?

[Akili]

The only thing I see is an email
Should not this be register mail or delivered by an officer of the law?

[sodusme]

really?
no one?

Damn you are about to suck that girls face off in your avatar. :grr:

[dishuser]

Damn you are about to suck that girls face off in your avatar. :grr:

every day I jump angel..lol

[hondoharry]

I have been reading I just don't have the 3500 that's why I want to know if I could negotiate with them

Of course you can negotiate. Reportedly they will accept a payment plan, with interest of course. I'd give them such a sob story they'll be taking up a collection at the law office to help me out. Use some buzz words like veteran, PTSD, divorce, unemployed, welfare, single parent.

[sodusme]

Of course you can negotiate. Reportedly they will accept a payment plan, with interest of course. I'd give them such a sob story they'll be taking up a collection at the law office to help me out. Use some buzz words like veteran, PTSD, divorce, unemployed, welfare, single parent.

Mounting medical bills, pending foreclosure, cannot afford to put groceries on the table are a few that always work for me as well. ;)

[Just_angel]

every day I jump angel..lol

not today Baby...Your back is too sore for that stuff :wove:

[alex70olds]

not today Baby...Your back is too sore for that stuff :wove:

OMG get a flippin room already!! lol

[Anubis]

OMG get a flippin room already!! lol
Based on the avatars they don't need one!:D

[dishuser]

OMG get a flippin room already!! lol

like the one with the kitchen table? lol

[alex70olds]

like the one with the kitchen table? lol

Ah man. Did you have to? lol The mental pic of JA is OK, but do I need one of your ugly butt???? Yuk lol. :D

[dishuser]

Ah man. Did you have to? lol The mental pic of JA is OK, but do I need one of your ugly butt???? Yuk lol. :D

wanna come over for dinner? lol

[alex70olds]

wanna come over for dinner? lol

lmao thanks bro, but lost my appetite lol.

For those needing more info on the original thread lol, go here, many, many threads and gr8 info.

http://www.satfix.net/forumdisplay.php?779-Court-Documents

[Just_angel]

wanna come over for dinner? lol

Somehow l don't think he wants to have dinner on that table ..lol

[clarkBENT]

Should not this be register mail or delivered by an officer of the law?

Court pleadings need to be served via personal service (anyone not a party to the suit can hand it to you; it does not need to be an officer of the law), substitute service (someone at your workplace or at your home over the age of 18), or registered mail with return receipt for the initial complaint. The email is just a warning letter.

I personally would not respond to a threatening email. If you couldn't even find my home address then you probably don't have enough to proceed with a lawsuit. It sounds like there are some users that they weren't able to connect PayPal to SSNs and home addresses.

[Anubis]

Somehow l don't think he wants to have dinner on that table ..lol

Couch may be out of the question as well.:innocent:

[dishuser]

Couch may be out of the question as well.:innocent:

tv stand,stove,coffee table,fireplace hearth...I'm sure I missed a few..lol

[Just_angel]

tv stand,stove,coffee table,fireplace hearth...I'm sure I missed a few..lol

LOL Baby there is no need to tell them everything !!

[sodusme]

Court pleadings need to be served via personal service (anyone not a party to the suit can hand it to you; it does not need to be an officer of the law), substitute service (someone at your workplace or at your home over the age of 18), or registered mail with return receipt for the initial complaint. The email is just a warning letter.

I personally would not respond to a threatening email. If you couldn't even find my home address then you probably don't have enough to proceed with a lawsuit. It sounds like there are some users that they weren't able to connect PayPal to SSNs and home addresses.

That is exactly right. I had court papers served on someone one time by way of my buddy that used to be a police officer. I flipped him $20 and he served the papers for me. But yeah it can be anyone that doesn't have a vested interest in the case. Of course the paper service has to be completed "correctly" in that the person has to follow certain guidelines in serving the papers. I think the court has the acceptable guidelines that need to be followed.

I would not respond to an email either. The only way they could link that email to you without a shadow of a doubt is through ISP records. If they didn't link the Paypal to you by those same ISP records I have to say they are not going to go through the trouble of linking an email to you by those means either.

[itsame]

Hello all. New poster here. Dealing with same certified demand letter issue (f**beta, wuf, 11/2011). It's the 1st letter with the standard 1st amount (35**). They have P.S. code, email, fta site username, and an incorrect IP address. I've read many, many posts regarding this subject, both here and elsewhere, over the past few weeks. Thanks to all who posted useful info. Seems there's no (smart) way around settling. I'm just curious if anyone settled for less. Also wondering what language was used in the response letter to avoid any liability, civil or criminal (or due to something related ). It may come to pass that those who settle now for purchasing codes could be extorted again in a later action for having hardware or something unforeseen. Feel free to PM. Thanks for any info.

[Nostradamus]

those questions are why you need a lawyer

[itsame]

I know and have spoken to a few lawyers, but the info about individuals' successful settlements can only be gotten from someone else who settled. I've read people saying to use a lawyer to negotiate a lower settlement, but imagine how it would look if I pay a lawyer to plead my poverty (or whatever excuse) to another lawyer.

[itsame]

Does anyone have any input regarding a lower settlement? I'm approaching the 30 day mark and could really use some advice as to how to negotiate and how low an amount they have been willing to accept. I'm not able to give them the full amount they want, so I have to try to negotiate. All input is welcome. Thanks.

[hondoharry]

Lots of people, myself included suggest negotiating down but have never seen an actual letter receiver report success. Only that they would accept a payment plan with interest.

[itsame]

thanks for responding

[itsame]

it's not exactly what I was hoping to hear.

Can you tell me anything about the letter you wrote? Specifically the parts about removing liability. Thanks

[hondoharry]

it's not exactly what I was hoping to hear.

Can you tell me anything about the letter you wrote? Specifically the parts about removing liability. Thanks

I never got any letter. Probably because I don't do IKS. lol

[tessa8940]

First, I think I would consult an Attorney and ask if they, by law, have to try the case in the location in which the hypothetical infraction occurred. If they have to try locally, it would give you leverage for them to reduce or drop. It would cost them maybe more than request to add attorney locally. Just my thought. Good luck.

[ftausergirl]

You need to find a DMCA Lawyer, that is an expert in Copy Right Infringment is my suggestion. That is what they are taking you to court over as the precedent and the newer cases all include IPTV in the possible form of access to. Every case they file they seem to add just one more little thing to create precedent in cases. I have read of a person who had a DMCA Lawyer who had some success, paid the ransom fee. but in an attached letter, it stated as soon as they cashed the check, that alleviated the offender from any and all future lawsuits.

[itsame]

Thanks ftausergirl. I was thinking along those same lines. Do you know what, if any, adverse affects there are to one having a permanent injunction. I'm concerned about security clearances and background investigations for employment purposes.

[hondoharry]

I have read of a person who had a DMCA Lawyer who had some success, paid the ransom fee. but in an attached letter, it stated as soon as they cashed the check, that alleviated the offender from any and all future lawsuits.

So how much would you have to pay a DMCA lawyer (or any lawyer) to 'help' you pay the $3500? I think I'd pass on that step.

[Gunsmoke2 - GS2]

Thanks ftausergirl. I was thinking along those same lines. Do you know what, if any, adverse affects there are to one having a permanent injunction. I'm concerned about security clearances and background investigations for employment purposes.


This is a private civil matter between parties and there should be no effect on any employment chances. There will be no public record available if you settle with a permanent injunction. There could be one if it was part of a guilty verdict.



GS2

[sodusme]

First, I think I would consult an Attorney and ask if they, by law, have to try the case in the location in which the hypothetical infraction occurred. If they have to try locally, it would give you leverage for them to reduce or drop. It would cost them maybe more than request to add attorney locally. Just my thought. Good luck.

They do its called "proper venue". It means that they cannot make you come to them. They must bring suit against you where you live or if you are a company where you do business. So if you are in Texas where they are they will likely come to you. If you are in another state they will farm it out to a law firm in that area and they will bring the suit against you representing them.

[crazycool]

Well the way I look it is you would pay more by hiring a lawyer and then having to pay the $3500 because you would have to pay the lawyer for his services and also the demand money. I'll tell you if I got one of those letters I would call the lawyer on the letter and try to negotiate. now that's just my opinion

[sodusme]

But you also have to be careful speaking with them. Don't forget for a minute that they are attempting to collect money and they view you as having wronged D/N. Just don't trip yourself up when talking with them and say something that will come back to haunt you down the road.

[Grave Digger]

Well the way I look it is you would pay more by hiring a lawyer and then having to pay the $3500 because you would have to pay the lawyer for his services and also the demand money. I'll tell you if I got one of those letters I would call the lawyer on the letter and try to negotiate. now that's just my opinion

a lawyer will make sure you can never be sued for this again in the future,

good luck doing that on your own

[clarkBENT]

You definitely need a Release and Hold Harmless Agreement in exchange for the settlement.

Here's some verbage from a settlement agreement:

For the sole consideration of payment of $x,xxx.xx, Claimant hereby releases "ACCUSED," his/her family, co-residents and attorneys, and "ACCUSED" hereby releases Claimant, its agents, parents, subsidiaries, and attorneys from any and all liabilities, actions, causes of action, suits, debts, dues, sums of money, accounts, bonds, executions, claims, and/or demands, whether fixed or contingent, known or unknown, and/or of any kind and/or nature whatsoever, which either Claimant or "ACCUSED" or its cohorts ever had, now has or may have, specifically limited to any and all claims which were and/or could have been asserted herein.

Paying an attorney $300-$400 to review the agreement is worth it IMO.




a lawyer will make sure you can never be sued for this again in the future,

good luck doing that on your own

[Gunsmoke2 - GS2]

a lawyer will make sure you can never be sued for this again in the future,

good luck doing that on your own


Not for the same violation but they can not protect if any new violations were to happen after. You probably will have to agree not to and if caught the consequences could be more.


GS2