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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24272
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Hello Got a Demand letter from Dish network lawyer in certified

Resolved Question:

Hello

Got a Demand letter from Dish network lawyer in certified mail, It looks official, as I stated earlier there is no Civil Action No: and it hasn't been filed, nor is it signed. The letter states, Dish network intends to file the endlosed complaint against you in Federal Court unless this matter is resolved by Sep 30, 2012. The say i must pay the sum of $3500 to NagraStar LLC for my past wrongful conduct.

They show my email address which is same as paypal address, with a website user id and IKS codes which i bought about an year ago
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello,
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Assuming that this is a FTA issue, Dish has been aggressively pursuing people who have been providing codes for boxes so that the signals can be descrambled. When they catch one of the programmers, they sue them and subpoenal financial records to see who they have done business with. The problem spirals outward to customers of the programmers who then are sued under alleged copyright and piracy claims.
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They know that it will cost them $5K to hire a federal law licensed attorney to defend the actions in court, so they offer a settlement to the person knowing that it is cheaper to settle and make it go away rather than fight and try to prove that they were buying codes for some other reason than descrambling Dish programming.
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So your options are to see if you can negotiate a lower settlement amount now, or wait to see if they actually file suit and then try to settle, or fight the case if they file suit.
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A very close friend of mine simply settled for around $2200, I believe, for buying a Coolsat receiver.
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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

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I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

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Customer: replied 2 years ago.

Thanks for the answer. All they have as a proof at this point is, my user id in a FTA website, my actual email associated with it. Assuming they got my address via the payment method i used, as the person who sold the code never had my physical address, can they use my address ? I mean if i ask them how they got my real name and physical address, do they need to tell me how they obtained ? Because i believe it is like invading once's privacy.


 


Another question is, if i decide to settle, the letter they are demanding can be used against me if they file a case right ?

Expert:  Barrister replied 2 years ago.
They would have gotten the information by subpoenaing the programmers financial records as to who they received payments from. Then they would have gotten another federal subpoena served on paypal to identify the customer and their contact info. Then the trail leads to you. With federal subpoenas, paypal will give out any information the company has.
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No, negotiations in anticipation of settling a case are not admissible in any case itself. As part of any settlement, should one occur, it would be a good idea to simply say that this was a financially prudent decision and you are admitting no liability for the claimed actions.
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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.

So if i decide to settle, do i need to work with any lawyer to write response to the letter and negotiate a final settlement and come out with a payment plan ?


 


And if i don't want to settle, wait and watch if there is any real case filed, what will be the implications ? Can i try to settle at that time after they really filed a case on any court, of course with a help my any lawyer or public defender or mediator ?


 


If and when the case goes to court, is that going into my record? which will potentially affect my employment in future ? Is this anyway getting into my credit report ?


 


Sorry i am so confused so asking many questions and trying make a good decision. I have read most of the lawyers are telling their client to ignore the demand letter and only try to settle if the matter goes to court. So far that is what i am trying to do. Simply wait came .

Expert:  Barrister replied 2 years ago.
So if i decide to settle, do i need to work with any lawyer to write response to the letter and negotiate a final settlement and come out with a payment plan ?
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It wouldn't be mandatory to have an attorney draft the letter, but it would be wise to avoid any indication that you are admitting guilt and ensure that you receive a "release" of any further liability for the matter.
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And if i don't want to settle, wait and watch if there is any real case filed, what will be the implications ? Can i try to settle at that time after they really filed a case on any court, of course with a help my any lawyer or public defender or mediator ?
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Well, if they actually sue, then they would have the right to seek any damages they can prove against you. But yes, you can still settle even after a formal complaint is filed. Since this is civil, not criminal, you would have to hire an attorney as public defenders only represent people on criminal matters.
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If and when the case goes to court, is that going into my record? which will potentially affect my employment in future ? Is this anyway getting into my credit report ?

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It will show up on a civil record check, but since it isn't a criminal matter, it just would show you were sued, so shouldn't affect any employment. And yes, if they get a judgment, it will show up on a credit report.

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This is a good site with lots of info about this type of action that Dish is pursuing.

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http://www.piratecardblues.com/

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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

 



Customer: replied 2 years ago.

Thank you sir for the answers. In the first response you mentioned a friend of your's settled for $2200. Did he settle after they sued him or immediately after he received this letter ? Also, did he use any lawyer or he directly negotiated with Dish lawyers ?


 


I have read in many places on the internet that lawyers generally say this is kind of scare tactics and nothing need to be done unless they file a case, which mostly they won't as it may not be worth against an end user. Ofcourse the matter is different for a person who is making money out of it by selling the code or receivers. What is your opinion on this sir ?


 


 


Also, some places i read, people who went for the settlement before actual case was filled are the one who were sued ? In your opinion, do you think that could happen ? The reason i am asking this question is, if i try to settle this matter before any case was filled, and if they proceed to file a civil case against me, i will be loosing more money. In that case, i would rather wait for them to file a case and then try to negotiate with a mediator and settle it without going to go to court.

Expert:  Barrister replied 2 years ago.
In the first response you mentioned a friend of your's settled for $2200. Did he settle after they sued him or immediately after he received this letter ? Also, did he use any lawyer or he directly negotiated with Dish lawyers ?
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He contacted an attorney to see what it would cost for representation and then settled prior to any formal complaint being filed with the court. He contacted them directly and agreed to settle if they issued a full release of any further liability in the action. From what I understand, this is standard procedure for them to agree to a release in return for a settlement.
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What is your opinion on this sir ?
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It absolutely is a scare tactic to force people to settle. But Dish has gotten several law firms to agree to pursue these cases for a cut of what they get. The firms have standard templates that they have where they just fill in the defendant's name and info and then file it. So it is not really much work for them to do so. They also make the settlement offers for an amount that is typically less than what it will cost to hire an attorney to defend, even if the person is innocent.
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In your opinion, do you think that could happen ?
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No, not if as part of any settlement, they issue a full release of any further liability. That is why you would want to see any proposed settlement document before you ever agreed to anything. If it doesn't have a release included, then there is no reason to settle because they could continue any civil case.
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Thanks.

Barrister

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Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.

So, from your experience, what would be better at this point ? Wait and see if they are sending further demand letters ?


 


Or write a letter asking them to send actual settlement letter, or i need to ask them to send a notarized version of settlement letter and i will agree to pay after receiving the letter ? and to negotiate the matter, should i ask them if they will settle for say about $2000, paid over several months ?


 


Please take your time to respond.

Expert:  Barrister replied 2 years ago.

Well, I can't really tell you what you should do as that is something that you would have to determine on your own or after consulting with a local attorney.

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But I can tell you that if they actually do pursue this, the costs will increase dramatically because if you don't defend, they will be able to get a default judgment against you for whatever they asked for in the complaint. If you do defend, you are going to incur the cost of an attorney as well as the possibility that you will lose and still owe them damages.

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So my general opinion is that if something can be settled without litigation, that is the cheapest and best way to proceed.

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As for settlement, I don't know if they would accept payments, as that would be difficult for them to monitor considering the number of people they are pursuing with this type of action. But were it me, I think I would contact them if I was considering settling and see if I could negotiate a smaller lum sum settlement that came with a full release. If they wouldn't agree to some type of payment agreement, then I would see if they would agree to set a deadline a couple months off for payment.

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.
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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the "REPLY" or "CONTINUE
CONVERSATION
" button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.
.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney's legal advice.

Customer: replied 2 years ago.

Thanks you again for the answer. So, can you suggest safe way of contacting them if i need to settle ? Probably ask them to send a notarized settlement letter with a release of claim ?


 


Also, settling now versus settling after if they file a case, what would be different then ? Do you think i can still negotiate for a lower lumpsum payment if they do file a case ?


 


Also can you give some pointer on finding a local attorney in Ventura county who is experienced with this matter ?

Expert:  Barrister replied 2 years ago.
Well, if you don't want to simply call them and talk directly, I might just send a letter back stating that while I don't agree with the allegations, I would offer $XXXX in settlement of all claims and for issuance of a full release. Should they agree please send a formal offer of settlement that indicates that payment of the amount will forever release any claims the plaintiff may have regarding this incident.
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If you settle later, they will have incurred further legal costs in filing the complaint and are more "vested" in pursuing the case. You can probably still settle, but it may cost more later. The less work the lawyer has to do, the cheaper it is to settle.
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Although I am not allowed to recommend anyone personally, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews. I would probably search for consumer law or general litigation attorneys to assist.

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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

 

Customer: replied 2 years ago.

So, from your knowledge, they would be more inclined to settle this matter before going to court ?


 


I have every intention not to go to court, though i still believe they may not have enough evidence to prove i used the code. However, as i told you i don't want to go to court. If they agree for something close to 2k, i probably willing to settle.

Expert:  Barrister replied 2 years ago.
Yes.
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That may be true that they can't prove you did anything wrong with the code. But in order to show they can't prove it, you have to defend. And to defend, you have to have an attorney well versed in federal law.
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I would opine that you are making the correct decision.
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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.

I was just worried that they can still press case against me, even if i write a letter for settlement.


 


So, you think they will either agree to settle with a release or file a case ?


 


Also, do you think once i received a letter from them saying they agree to settle for 2k with a release, i can safely send them money and use that letter later if they ever file a case in the court ?

Expert:  Barrister replied 2 years ago.

So, you think they will either agree to settle with a release or file a case ?

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Yes. I don't think they are simply bluffing because they like to mail out letters to people. They know that most people will just settle.

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Also, do you think once i received a letter from them saying they agree to settle for 2k with a release, i can safely send them money and use that letter later if they ever file a case in the court ?

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Yes, their letter would be a binding offer that once accepted would be enforceable.

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Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister, Attorney
Category: Legal
Satisfied Customers: 24272
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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