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Dish network claims I signed a contract extending my

Dish network claims I...

Dish network claims I signed a contract extending my services for 2 years when I added and extra room to my service. But I would have never agreed to that especially without getting great pricing first. They claim they have a recorded call and a signed contract. The only way to hear the call is to subpoena it. And I'm still waiting on the copy of the contract although I only requested it today. The only thing that would have been signed would be a paper when the tech came to show I received him. But I was never told ever about a 2 year extension. How can I get a copy of that call and settle this? What do I even file for?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

I don't have one issued. I'm trying to get one. I'm in Texas and the place to request for the call from dish, is in Colorado.

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at the moment.

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Answered in 24 minutes by:
7/11/2017
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1,741
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you today.

If Dish does not voluntarily give you the contract you signed, there are basically two routes you can take.

First, is decide not to pay your bill, and wait for them to try and collect the debt. They eventually will have to bring a lawsuit in court in order to collect what they believe is owed, and at that point, you would be able to subpoena the contract and recording that they supposedly have.

Second, you could be proactive and sue DISH in small claims court in your state for a declaratory judgment. A declaratory judgment is basically a before-the-fact lawsuit where instead of you breaching the contract and then being sued, you sue and get a court to say that you did not sign a contract. When you bring this lawsuit, you can then subpoena the contract and recording as well. If you go this route, or threaten to take this route, it might force the hand of Dish and they might be willing to share the contract in order to avoid the hassle of a lawsuit.

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Customer reply replied 7 months ago
They said they would share the contract and are sending it to me. One guy said it would take up to 72 hours, another guy said 5min and supposedly a president said simply he put in the request. But they said to get the recording I'd have to subpoena it. Can I do that without hiring a lawyer in small claims here in Texas even though the place to request it is in Colorado?

Yes, you can do it in Texas because that is where Dish is selling you the product.

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Customer reply replied 7 months ago
Do I just fill out the declaratory form and submit to the county clerk?

You would have to file a complaint seeking a declaratory judgment.

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Customer reply replied 7 months ago
I file the complaint with the clerks office?

That is correct.

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Customer reply replied 7 months ago
do you have a website I can get the correct form for my state or will the clerks office have one?

The clerk should have a form, it'll be called a small claims petition.

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I hope this has been helpful. If so, please provide a positive rating so I get credit for helping you today!

Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1,741
Experience: Attorney-at-Law
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Thelawman2 and 87 other Legal Specialists are ready to help you
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Customer reply replied 7 months ago
thank you :)

You are welcome. Please remember to provide a positive rating before you go!

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Customer reply replied 7 months ago
If it turns out they don't really have it can I sue for what they did?

If they don't have it, they would probably just tell you that they are going to drop the issue. At that point, you really aren't going to be able to recover additional money other than maybe court fees if you do have to go through small claims court.

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Customer reply replied 7 months ago
Simply for the fact that it's just wrong....something should be done. I mean they went from a liar, to a better liar, to the best liar on my call. Anyways, thank you.
Michael Bradley
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