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

Actually it works great for the judges. That is who it is in reality set up to benefit, not the public like they teach us in school. The judges are the ones with the power.
 
The guy thinks he won, but will probably end up with a refuse to pay on his credit history. Then he will spend time for nothing trying to get it removed and end up paying more in higher interest rates on other things.
 
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Dish didn't show because it is only $165. The attorney fees for Dish would of been more than $165.

So who is the real loser? The plaintiff had to fill out small claims court paperwork. Get a day off from work so he could go to court. Then drive or take public transportation to court. If he did drive, he has to use his gas and he probably paid for parking. If he took public transportation, he paid to ride. Then he had to wait for his court case to come up. When his case did come up, he waited for Dish to show. Then, after the no show default win, more papers to sign. Then drive and use more gas or paid again to take public transportation back home.

Or Dish, who will pay court cost and absorb the etf?
 
So someone screwed themselves out of TV for $2 a month? Ok, I guess I'm jaded.

My electric company raises my rate every month (almost) and I don't shut off my power...

Of course I didn't sign a contract with the power company but you get my point.

He reminds me an uncle. He would go to the senior center every day for lunch and to visit with friends. They raised the price $.25 and he never went back.

Get over yourself already.
 
Dish breaks their own agreement. Section H Private Home Viewing Only. DISH Network provides Services to you solely for viewing, use and enjoyment in your private home. Sling throws that right out the window. As long as you have internet you can watch it anywhere so they need to reword that one.
 
I don't have a problem with minimum commitment and/or payment for early termination for the "FREE" equipment. That makes sense and is a fair business practice. However, I do not agree with Dish demanding people turn-in the LNBF's, many of them installed with reflectors on roofs, and does represent a risk to personal injury trying to obtain them as not all home or town-home (3 floor town-homes are common here and NOT easy to access the roof) owners are young and spry. The boxes should be returned as they is truly an expense there, especially the DVR's and the more sophisticated and expensive switches, but if the switches are inaccessible, then Dish should not be able to demand it.

However, when one takes part in Dish Mover, the only pieces Dish wants left behind are the reflector and LNBF's, and I can confirm that Dish NEVER sends anyone to get the LNBF's as a result of a move from one residence to another, so Dish is willing to say buh-bye to the inexpensive (to Dish with its economy of scale in production to make NOT the retail price) reflector and LNBF's because it would cost more to send a tech or a contractor out to the house and retrieve them. In the end Dish doesn't really want them anyway, UNLESS you dare to leave Dish, then by all means it becomes a "don't let the door hit you on the way out" attitude, and Dish, in most cases I believe, has already made more than their money back on the cost of the least expensive parts of the system, aside from the cable.

The requirement of the return of LNBF's should be outlawed as it really is chump change to Dish (they don't want them when you move) and is nothing more than trying to squeeze every cent out of departing customer.
 
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.

As a retailer, I have had the same thing happen to me twice....

I had one a-hole customer serve me with a UPS Next Day Air envelope with signature required with a summons to show up in district court in some small court in the middle of nowhere in northern michigan.

I call this idiot up, and find out this customer is actually an attorney. I explain to him that im not Dish Network, and he could care less and pretty much told me that I could pay him his $300 that he was charged for a cancellation fee a few years ago or get a default judgement because what he was asking was far less than what it would cost to hire an attorney.

I couldn't talk any sense into this guy, and just sent it over to my attorney to deal with. My attorney actually found a lawyer to go up there to fight it. So from there, we made this customer hire an attorney, and when the customer realized we where serious about spending money to fight this frivolous lawsuit, and might get a judgement from him for costs, he had the case dismissed a few days before we had to go to court.

I ended up finding the name of the retailer who set him up in California, and gave him the correct address to serve DISH Network and let him go from there. Never heard anything else from it.

Other than that, I had one where we had a simmilar DBA name from another retailer out of state doing business in Detroit. Installer drilled through a sewer pipe in a wall and caused mold to form in the customers crawl space, and they wanted $500,000 for exposure to mold claiming that they could not live in their home.

Called up the attorney on that one and tried to explain who the responcible party was and even met with them without my attorney and gave them all the information they needed to sue the proper people. The attorney lied to me about letting me out of the lawsuit, and I had to spend a few thousand dollars to get out of that one.

I ended up doing a 5 hour deposition, and it took 3 years to get out of it. They finally found the origional installer to be liable, and got a judgement on him.

The installer ended up filing bankrupsy, and they didn't collect a dime :D

The point of the whole matter is that the chances of collecting on these types of things are slim and none
 
Judgements awarded to creditors or those that are awarded to average Joe are almost never collected on regardless of the amount.
They seem to be more of an aggravation to the opposing party than anything else.

I have won many judgements against contractors and customers over the years but only on one occasion did I even get a small percentage of the award.
 
do you want pay $15-$20 /m per DRV to rent them?
Whats the difference,$99- $200 up front for Each addtional HD DVR and monthly receiver fees on top of that with satellite. I've had both services for years I know exactly how it works.

You want a 4 room HD DVR system , whether its MRV or a Receiver in every room is going to cost you $200 + up front and a 24 month commitment, plus $6 DVR fee's on top of $6-17 addtional receiver fee's each.

So yea I''ll pay the addtional $15 per month, to not pay a cent for HD service or my equipment upfront.

I love how some of you are so blind that you can't see that your upfront receiver lease cost needs to be factored into your lease agreement.
 
I don't know, but I would imagine that Dish will just turn the balance over to collections. They will call a few times and then stick it on his credit report.
 
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.

What about me? An installer, by way of Dish, sued me 7 years ago for non-payment. I had a bad install and I told the guy to his face I wasn't paying him. Then the yahoo came back in the middle of the night and took my dish, then hung a summons on my front door (I found that hilarious). He's lucky he didn't make any noise, he most certainly would have found a gun in his butt and probably shot. (I'm not sure of the legality, but from my viewpoint there was a stranger in my yard at 3AM "stealing" my property. I figure I could have shot him?).

So I go to court on the summons date and he didn't show. The judge awarded me the boxes, which I still have, collecting dust in the garage. What were they in 2004, a 501 and a 310? Then the judge basically said Dish could stick it and dismissed the case "with prejudice" is it, where they can't refile? So while I didn't win any money, they didn't get any either.

And if you ask my wife, I scratch out and initial the arbitration clause in every contract I sign. I'm not playing ball in THEIR court, they can play in mine. I actually had a car lot make another contract and forge my signature on it once because of that. If I'd have had the time I probably would have owned that lot by the time I was done with them.
 
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The Arbitraton clause makes no difference.........

3 Years ago I took my Girlfriend to Cleveland to see that Idiot Lebran James in the front row at Quicken Loans arena.

Paid like $800 for the tickets as they where advertised "Front Row"

We get to the game and "Front Row" is actually front row 2, but they call it row 1 because there is a VIP Row 1 which is also considered front row.

First thing I did was kick a bitch with Chase bank, and they wouldn't let me dispute the charges since the tickets where valid and I attended the game.

So I sued stub hub, and served them at their office in Detroit....

A few weeks later I get a phone call from their legal department telling me that I have to sue them in California, and the agreement on their website said I would have to do arbitraton.

I told the lady that the office in Detroit established stubhub as a company in Michigan, and if all the stuff your saying is true then pay an attorney to tell this to a judge or im getting a default judgement, and I'll get a sheriff and will be seizing property from your office.

Needless to say, they settled for about $400 which would have been the value of the tickets if I would have sat in the 4th row.
 
I know all those people too well myself. I'm originally from Canton and used to help my mom with all her troubles. I've been out west here about 35 years myself. I got out of Ohio as soon as I was old enough and never looked back.
 
What about me? An installer, by way of Dish, sued me 7 years ago for non-payment. I had a bad install and I told the guy to his face I wasn't paying him. Then the yahoo came back in the middle of the night and took my dish, then hung a summons on my front door (I found that hilarious). He's lucky he didn't make any noise, he most certainly would have found a gun in his butt and probably shot. (I'm not sure of the legality, but from my viewpoint there was a stranger in my yard at 3AM "stealing" my property. I figure I could have shot him?).

So I go to court on the summons date and he didn't show. The judge awarded me the boxes, which I still have, collecting dust in the garage. What were they in 2004, a 501 and a 310? Then the judge basically said Dish could stick it and dismissed the case "with prejudice" is it, where they can't refile? So while I didn't win any money, they didn't get any either.

And if you ask my wife, I scratch out and initial the arbitration clause in every contract I sign. I'm not playing ball in THEIR court, they can play in mine. I actually had a car lot make another contract and forge my signature on it once because of that. If I'd have had the time I probably would have owned that lot by the time I was done with them.

You should've sold the receivers.
 

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