Legal Question in Civil Rights Law in Massachusetts

Cable Co. civil suit

my wife recently recieved a summons from a cable co. attorney .. aparently she is being charged with cable theft.. the only thing is we never had any illegal cable and this is from 3 years ago!! We returned our cable equipment when we switched to direct tv.. and i was asked why we were returning the equip. and i told them we were switching to direct tv and the rep. called me a traitor..and low and behold 3 years later out of the blue we get a summons in a law suit?? this is the first we have ever been informed of this.. the summons says we have to serve unto their lawyer a reply within 20 days.. my wife called the lawyer and he was very nasty and said that we HAD to hire a lawyer to answer him?? I am on dissability and we have 3 children ranging from 1-8 , and we really cannot afford a lawyer. do ireally need to hire one? or can we answer this ourselves? they wan't 10 thousand Dollars !!!!!!


Asked on 12/17/03, 12:17 am

4 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Cable Co. civil suit

Get a lawyer.

You can counterclaim against them.

A lawyer might take it on a contingent basis.

Contact a lawyer near you.

NOT me. I'm already too busy.

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Answered on 12/17/03, 12:22 am
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: Cable Co. civil suit

You are not required to have an attorney although it is usually advisable for you to hire one if at all possible. With all due respect to the other reply posted here, I do not think you will have much luck finding an attorney to take the case on contingency with an eye towards a counterclaim. I do wish you luck though.

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Answered on 12/17/03, 1:05 am
Nance Lyons Law Office of Nance Lyons

Re: Cable Co. civil suit

You can answer the complaint yourself. You "admit" the thigs that are true, e.g., name, address, etc. You "deny" anything else. Most important-you should file a "counterclaim" for violation of the MA consumer protection act, Ch 93A and for violation of the fair debt collection act. Simply state that you believe these laws were violated. The local court clerk's office may help you with all of this, they may not. Good luck

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Answered on 12/19/03, 1:32 pm
Nance Lyons Law Office of Nance Lyons

Re: Cable Co. civil suit

You can answer the complaint yourself. You have to file in writing at the court where the summons was issued. If you are late for any reason you file a "motion to file an answer late with your answer. You "admit" the thigs that are true, e.g., name, address, etc. You "deny" anything else. Most important-you should file a "counterclaim" for violation of the MA consumer protection act, Ch 93A and for violation of the fair debt collection act. Simply state that you believe these laws were violated. The local court clerk's office may help you with all of this, they may not. Good luck

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Answered on 12/19/03, 1:33 pm


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