cable

[nancym]

the cable company is suing me for tampering with the converter box and receiving illegal signal. I didn't do ANY such thing, nor did anyone else in my family. they state that it doesn't matter if I had no knowledge of the tampering, I will be held accountable.
1) do I have any recourse?
2)what if I can't afford to hire a lawyer?

any help is appreciated.
thanks,
nancy

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by nancym:
the cable company is suing me for tampering with the converter box and receiving illegal signal. I didn't do ANY such thing, nor did anyone else in my family. they state that it doesn't matter if I had no knowledge of the tampering, I will be held accountable.
1) do I have any recourse?
2)what if I can't afford to hire a lawyer?

any help is appreciated.
thanks,
nancy<HR></BLOCKQUOTE>


My response:

This type of situation is not uncommon. But, before you get your bloomers in a bunch, let's go through this step-by-step. I'm more interested in what you didn't say.

1. What is their proof of "tampering", e.g., did they show you a sealing sticker had been removed? Something else?

2. Who has possession of the Box?

3. How long are they claiming the alleged "tampering" has gone on?

4. Did they say to you what "tipped them" off to the alleged "tampering"?

5. Were any of their allegations placed in writing? Oral? As to both, from whom?

Let's start with those.

IAAL

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[nancym]

So here's the complete situation:

This last Sat I received a legal summons from my old cable company in MA claiming that I had tampered with the converter box to intercept signal and they were demanding $2500 in place of actually taking me to court for the full summary judgment of $11,5k. So naturally I got to stew about it all weekend since the lawyers’ office wasn’t open until Monday. I called Monday and had to jump thru hoops to leave a voice mail. No one called me back so I called again yesterday, Tuesday. The woman I spoke to said the box had been sent to an expert and they said the “chip” inside the box had been tampered with to receive all and any signal. She also said there was no way to determine when it had been done but that it had to have been done while in my possession since I was the last person to have the box.

A little relevant background. When I first got the box, almost 4 years ago now, showtime and something else were coming through. I called the cable company about it. Nothing happened for a few months but then I was late with a bill, they shut me off altogether and when it was turned back on, the extra channels were gone. That was it. So I go on my merry way for the next 3 years, move and don’t immediately return the box for a few months as their office was too far out to be convenient. I returned the box, gave them my new addy and phone# in GA and again went on my merry way. I told the woman all this but she said there was no way for me to have had that box and not have the extra channels when in fact that’s exactly what happened. She insists that someone in my family came in and deliberately altered the chip even though the boxes sat in my bedroom and didn’t move the months after I moved from out of that apartment. (not pertinent but she was very insulting)

So now what? They say I can, of course, choose to dispute it but how am I supposed to do that when they’re in MA and I’m in GA? They also said that if it went to court, I wouldn’t be allowed a jury trial and how can that be? Not that I can afford to fly back to MA to even appear at court if I had a jury trial. From the tone of their letter (which is very intimidating, btw) they make it seem as though if it went to court, I would Automatically be fined the $11,500, period.

And there you have it. Any ideas, suggestions?

Thanks,
nancy