Guy Takes DISH to Small Claims Court and WINS! (Because DISH Didn't Show Up)

[DustoMan]

I usually read articles on Consumerist about DISH and ignore them because it's usually about bad installer horror stories. But this one was just too stupid to not share with you guys. I kinda wish someone from DISH would have shown up because how dare they up this guy's rates and then give him free Starz!?!?! :rant: What were they thinking?!

I Sued Dish Network And Won (Because Dish Never Showed Up At Court) - The Consumerist

 

[Hemi 6.1]

Good for him!

Dish and D* are sneaky bastards when it comes to them early termination fee's and trying to force charges to a persons bank account.

They should pass a law that would prevent commitment and early termination fees.

If my Blue ridge Cable can provide me with 4 HD DVR's a Cable modem and Home phone service for $0 upfront cost and NO COMMITMENTS and still turn a profit,
Why can't the satellite companys?

 

[Scott Greczkowski]

I bet DISH does not pay.

I think it says in your user agreement the only place you can sue them is in Colorado.

 

[Hemi 6.1]

I bet DISH does not pay.

I think it says in your user agreement the only place you can sue them is in Colorado.

Since when does Dish Make the rules about where they can be sued?

I think they have been sued a number of times and I doubt its only in Colorado!

 

[runner861]

If the contract says that Dish can only be sued in Colorado, then that is an affirmative defense that Dish must raise when they are sued in another location. If they have failed to appear and a default judgment has been entered, then that defense is waived. If the poster actually has a default judgment entered, and the judgment is final (the appeal period has expired), then he can seek to attach Dish assets to satisfy the judgment. That is the difficult part. He will have to levy an account, or attach a lien to real property and then seek to foreclose. Both of these options can be difficult and expensive. He can also send notice of the judgment to Dish's legal department and request payment. That may or may not work. Collecting this judgment is likely to be a lot more difficult than obtaining it. Obtaining it was easy--Dish didn't show up and a default judgment was entered. Collecting a judgment is where the real work begins.

 

[navychop]

Another verdict that's unenforceable. But I'll bet Dish gets their money out of HIM!

Aren't the majority of small claims judgements never collected?

Real world is, they can up their rates. You may not like it, but that's how business is done, and not by Dish alone.

 

[JosephB]

I'll admit I haven't read the agreement, but this guy is being unreasonable:
1. he signed a contract. the terms may be asinine and ridiculous, but he signed on the dotted line that they could raise the rates and he'd be stuck with it.
2. I'm willing to bet there's an arbitration clause in the agreement. If that's so, then don't expect DISH to pay up. the only way he could get the money would be to go back and sue them in real court, and then they'd get the suit tossed on the arbitration clause.

 

[harshness]

Has anyone read the agreement recently? Most of the questions are answered therein.

http://www.dishnetwork.com/downloads/legal/RCA.pdf

 

[Hall]

Since when does Dish Make the rules about where they can be sued?

Any "contract" (user agreement, terms of service, etc) will define where any legal fights are allowed. He agreed to it when he signed up. In fact, it likely says he can't sue them but instead has to use arbitration vs court.

In most cases of Dish being sued, there was no existing agreement dictating "where", i.e. Dish vs TiVo.

 

[runner861]

If there is an arbitration clause, that would not be relevant at this point. Again, this is an affirmative defense that Dish must assert when sued. If not raised, it is waived. And Dish waived all defenses by not showing up.

 

[Stargazer]

Whats the point in going to court if you cannot collect?

 

[televisionarchives]

I don't even waste my time with Small Claims Court . If you can't afford a lawyer, you can't afford to sue.

 

[Hall]

Whats the point in going to court if you cannot collect?

Yeah, that's another fallacy of small claims court: No enforcement. The court will NOT make any efforts to force the "loser" to pay. They hand the "winner" a piece of (worthless) paper.

 

[televisionarchives]

But , he won. What did he win? Not much. But , I hope he feels good. I think Dish didn't show up to court because it would have cost them more then the judgement.

 

[Scott Greczkowski]

If there is an arbitration clause, that would not be relevant at this point. Again, this is an affirmative defense that Dish must assert when sued. If not raised, it is waived. And Dish waived all defenses by not showing up.

Who says that Dish was even served... I bet some small Dish retailer got served and not DISH themselves.

 

[Joe The Dragon]

Good for him!

Dish and D* are sneaky bastards when it comes to them early termination fee's and trying to force charges to a persons bank account.

They should pass a law that would prevent commitment and early termination fees.

If my Blue ridge Cable can provide me with 4 HD DVR's a Cable modem and Home phone service for $0 upfront cost and NO COMMITMENTS and still turn a profit,
Why can't the satellite companys?

do you want pay $15-$20 /m per DRV to rent them?

 

[runner861]

Who says that Dish was even served... I bet some small Dish retailer got served and not DISH themselves.

The plaintiff must show proof of service on the entity being sued (the defendant) in order to receive a default judgment. It is actually very easy to serve most corporations in most states. The corporation generally must have an agent to accept service of process designated with the office of the secretary of state. The secretary of state usually will have the agent designated on its website. The service on the agent is valid service on the corporation.

If Dish was not served, then Dish must make a motion to set aside the judgment. Unless and until that motion is made and granted, the judgment is valid.

 

[Scott Greczkowski]

I run DishRetailer.COM and I see it happen all the time, when someone wants to sue DISH they sue the local retailer and that's who they serve. The local retailer is like "who cares I am not DISH Network"

The judge looks if DISH was served and sees the retailer being served and is too dumb to understand that a retailer is not DISH Network. Then issues his ruling.

Corporate does not know anything about it until they see a judgement in the newspaper. And then they dont do anything about it because the judgement is not enforceable anyways.

I have seen it happen many times over the years. Shows how screwed up the court system is.

 

[navychop]

Nah. It's not screwed up. It works just great for the lawyers.

 

[Scott Greczkowski]

Nah. It's not screwed up. It works just great for the lawyers.

I don't think there are lawyers in Small Claims court.