small claims court and directv

[mjordan10]

What is the name of your state (only U.S. law)? NC
I want to sue Directv in small claims court.
They have multiple addresses, one is Greenwood Village, Co.
The other is in California-how do I know which address to use for the court papers?
Also would I file this in my home county in NC?

[JETX]

File naming the 'Registered Agent for Service' for DirecTV in your state. The agent can be found by searching at:
[url=http://www.secretary.state.nc.us/corporations/CSearch.aspx]North Carolina Secretary of State[/url]

[mjordan10]

I found this
[url=http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=4979243]North Carolina Secretary of State[/url]
The registered agent is a company in Raleigh,NC.
Do I use the registered agents address which is in NC or the company address in El Segundo CA ?

[Zigner]

You won't be getting a day in court:

from http://directv.com/DTVAPP/global/contentPage.jsp?assetId=P400042:

9. RESOLVING DISPUTES

In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to this Agreement, any addendum, or your Service (referred to as a "Claim") will be resolved as follows:

(a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 9(d) below) for at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address.

(b) Formal Resolution. Except as provided in Section 9(d), if we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this Agreement. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. If you decide to initiate arbitration, you agree to tell us in writing the amount that you would pay to file a lawsuit against us in the appropriate court of law in your state. Unless we agree to pay your fee for you, you only need to pay an arbitration initiation fee equal to such court filing fee, not to exceed $125; we agree to pay any additional fee or deposit required by JAMS to initiate your arbitration. We also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney's fees and expenses of travel to the arbitration will be paid in accordance with JAMS Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration. To start an arbitration, you or we must do the following things:

(1) Write a Demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to:

JAMS
500 N. State College Blvd., Suite 600
Orange, CA 92868
(800) 352-5267

(3) Send one copy of the demand for arbitration to the other party.

(c) Special Rules. (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. If, however, the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire Section 9 is unenforceable .

(d) Exceptions. Notwithstanding the foregoing: (i) any Claim based on Section 1(i) above, and (ii) any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. §§ 605, the Digital Millennium Copyright Act, 17 U.S.C. § 1201, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction.

[mjordan10]

Well I tried writing a letter, filing a complaint with the NC Attorney general and the Federal Trade Commission.And disputed the charge with my bank (visa charge)
I will wait and see what comes of all that.
Thanks and Merry Christmas to all except directv!

[JETX]

Do I use the registered agents address which is in NC or the company address in El Segundo CA ?

You serve on the agent in your state.

[mjordan10]

I'm coming to find out that the NC attorney general has very little input.
I did a credit card reversal of the $476.68 disputed cancellation fee.
Today I get a new bill for $476.68 shown as an "adjustment & credit" with a previous balance of $0.

[Zigner]

Have you tried following DirectTV's dispute resolution process that I posted above?

[mjordan10]

No, not yet. My complaint involved the false advertising of availability of high Definition local channels in my viewing area when there were not any available.
Not sure if that falls under the "exception list " at the end.
I don't trust anything provided by Directv.
How do I know that JAMS will not automatically favor directv?
How do I know Directv does not own JAMS?

[Zigner]

No, not yet. My complaint involved the false advertising of availability of high Definition local channels in my viewing area when there were not any available.
Not sure if that falls under the "exception list " at the end.

It doesn't. You must seek resolution through the process YOU agreed to.

[Xanthor]

Law in Ca is different. Over here companies arent allowed to make any agreements to give up your rights, and especially since it was found out that the Arbitration services were being paid off by the creditators. I'm in a similar situation and filed in small claims myself and AT&T Dish network wasnt able to pull the arbitration bit with me. Then again, I refused to sign the agreement when the tech installed the dish on the roof after he was told not to and the Dish network attempted to produce a false signed copy which was proven re-written when I produced the origional. I only filed in small claims becasue 19 years ago went to court with them for 4 years with constant continuances and them submitting false records like they tried recently. I won the case but this time around since theres only one decision and one time for appeal, there wont be another 4 years of headaches and research.

[Zigner]

Law in Ca is different. Over here companies arent allowed to make any agreements to give up your rights, and especially since it was found out that the Arbitration services were being paid off by the creditators. I'm in a similar situation and filed in small claims myself and AT&T Dish network wasnt able to pull the arbitration bit with me. Then again, I refused to sign the agreement when the tech installed the dish on the roof after he was told not to and the Dish network attempted to produce a false signed copy which was proven re-written when I produced the origional. I only filed in small claims becasue 19 years ago went to court with them for 4 years with constant continuances and them submitting false records like they tried recently. I won the case but this time around since theres only one decision and one time for appeal, there wont be another 4 years of headaches and research.

We're not talking about CA law

ETA: 19 years ago, DirectTV didn't exist!

[mjordan10]

Since Directv tells me I signed a contract in my home ( it was a work order-I do not consider it a contract, and the installer never left me a copy )and I called to cancel within 24 hours is that covered under the 3 day right of rescission?

[Zigner]

Since Directv tells me I signed a contract in my home ( it was a work order-I do not consider it a contract, and the installer never left me a copy )and I called to cancel within 24 hours is that covered under the 3 day right of rescission?

You must seek resolution through the process YOU agreed to.

[mjordan10]

That's the problem-I never agreed to that because I was not told about it and did not see it.