Just received Demand Letter ......

Hello all, new member from another site that went away(D**P***) and looking for whats the latest when one receives the love letter from our friends in Houston.....
I did just get one and have been searching on what the consensus was on how handle it. My situation is I'm in a state that they haven't taken anyone to court (I don't want to be the first), the PP transaction date is coming up on 3 yrs (statute of limitations?) and I don't believe I made any posts/pm's that are incriminating......
The reseller was N**k*a if that matters. Thanks in advance for any insight.

woo hoo - 100 views and not one reply...am I asking something that's taboo? Not asking for legal advice just opinions on what would you do and don't want to offend anyone. Don't want to give up $3500 too easily but also realize the bigger picture.

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Originally Posted by soupkitchen

woo hoo - 100 views and not one reply...am I asking something that's taboo? Not asking for legal advice just opinions on what would you do and don't want to offend anyone. Don't want to give up $3500 too easily but also realize the bigger picture.

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anyone that settled probably wants it to remain private ... and in all probability will not frequent any satellite related sites ... I would venture to guess that the consensus would be that you should seek legal advice ...

I'm sure there have been more than a few cases that were settled before any litigation began, but those settlements will be confidential ... even if a settlement was reached during a trial, it will still be confidential ... so the prospects of getting any inside info are very slim ...

take a quick look at all the cases and how they were settled ... ones that are listed as confidential may be of use to you .... at least it will give you the name of the lawyer that acted on behalf on the defendant ...

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Originally Posted by soupkitchen

woo hoo - 100 views and not one reply...am I asking something that's taboo? Not asking for legal advice just opinions on what would you do and don't want to offend anyone. Don't want to give up $3500 too easily but also realize the bigger picture.

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I stopped and read your post a couple of times but didn't reply or advise because of inexperience on the subject and did not want to give wrong advice.
And as other member mentioned that if someone had got caught, and paid, then hitting an fta site would be the last place you'd want to frequent in hopes of bumping into another person that paid the piper.
All I can do is to wish you well and to get a lawyer.

why not just post the demand letter, just white out the incriminating information, from the testimonials that I have read if they sent you a demand letter then they have you by the short hairs my friend, those that do not settle out of court usually pay the piper $10,000.00 per offense plus court and lawyer fees.

i'm not lawyer but,play safe always subscribe that means you are on his side

there were a few cases that were Dismissed With Out Prejudice

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Originally Posted by alex70olds

Dish Network L.L.C., et al v. Lohnes
Dish Network L.L.C. et al v. Frederick
Dish Network L.L.C. et al v. Forbes

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then there were several that were Voluntary Dismissal

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Originally Posted by alex70olds

Dish Network L.L.C. et al v. Ventura
DISH Network LLC et al v. Aurora Herrera
DISH Network L.L.C. et al v. Le
DISH Network L.L.C. et al v. Cooney
DISH Network L.L.C. et al v. Chen
DISH Network L.L.C. et al v. Platt

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then there was this one that could prove interesting

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Originally Posted by alex70olds

Dish Network L.L.C. et al v. Suarez - Default Judgment $0 Judge Crossed out Damages, considered injunction adequate.

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all of the above were copied from a document that alex posted ...

I'm not sure if any of the cases will be of any value, but they are the only ones that might provide a little insight into how to proceed. If you've decided to pay the demand then I would imagine you wish to keep the legal costs to a minimum so the above cases might not be of any interest to you. Although it might be worth your while to provide that info to your lawyer. He will have a pacer account and should be able to quickly determine if any of it could be applied to your situation.

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Originally Posted by soupkitchen

Hello all, new member from another site that went away(D**P***) and looking for whats the latest when one receives the love letter from our friends in Houston.....
I did just get one and have been searching on what the consensus was on how handle it. My situation is I'm in a state that they haven't taken anyone to court (I don't want to be the first), the PP transaction date is coming up on 3 yrs (statute of limitations?) and I don't believe I made any posts/pm's that are incriminating......
The reseller was N**k*a if that matters. Thanks in advance for any insight.

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It appears from Kutter's post that they have taken some to court from your state but no one was hit with a judgment. Some could have settled out of court.


It usually comes to down to rolling the dice or not. Roll meaning to ignore and hope it does not materialized into something worse than had you settled.


There is no correct answer because no one has a crystal ball. Probably the most correct answer is to talk to a lawyer.



GS2

I don't know what State he was from .... the cases I posted were simply ones that didn't end with a default judgment or a settlement :)

I can/will post letter if anyone thinks that it would be of any help or interesting....Thanks for all the reply's..

those are the only cases that I'm aware of that might hold the key to a successful defense ... the rest of them didn't fare too well ... almost every other case ended with a judgment of $10,000 or higher ... I don't know why these ones ended in the manner that they did, but the answer could be in the court documents ...

I'm no lawyer but have worked on many civil litigation cases as a law clerk for a lawyer. The onus is on them to prove your guilt not you proving your innocence.
You do have a right to know what they are relying on to warrant court action. It's called disclosure.
The first thing any lawyer is going to do in a litigation suit is demand full disclosure. From that disclosure you or your lawyer can determine your course of action.

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Originally Posted by piratesrevenge

I'm no lawyer but have worked on many civil litigation cases as a law clerk for a lawyer. The onus is on them to prove your guilt not you proving your innocence.
You do have a right to know what they are relying on to warrant court action. It's called disclosure.
The first thing any lawyer is going to do in a litigation suit is demand full disclosure. From that disclosure you or your lawyer can determine your course of action.

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yes but discovery only comes after a suit is filed ... at that point you stand to lose $10,000 if you aren't successful ...

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Originally Posted by piratesrevenge

I'm no lawyer but have worked on many civil litigation cases as a law clerk for a lawyer. The onus is on them to prove your guilt not you proving your innocence.
You do have a right to know what they are relying on to warrant court action. It's called disclosure.
The first thing any lawyer is going to do in a litigation suit is demand full disclosure. From that disclosure you or your lawyer can determine your course of action.

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That's not quite correct. Civil is based on a preponderance of evidence ... criminal law requires proof ...

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Originally Posted by kutter

yes but discovery only comes after a suit is filed ... at that point you stand to lose $10,000 if you aren't successful ...

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Isn't that what I just said.

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Originally Posted by piratesrevenge http://images.satfix.net/buttons/viewpost-right.png I'm no lawyer but have worked on many civil litigation cases as a law clerk for a lawyer. The onus is on them to prove your guilt not you proving your innocence.
You do have a right to know what they are relying on to warrant court action. It's called disclosure.
The first thing any lawyer is going to do in a litigation suit is demand full disclosure. From that disclosure you or your lawyer can determine your course of action.

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