In the case where you believe that you have grounds to sue Dish Network, you may be in a position to sue it. Here is a step-by-step guide on how to file a lawsuit against Dish Network:
1. An essential principle to follow when involved in a lawsuit is to seek an out of court settlement first.
When you have the intention of complaining, you should first try to complain to Dish Network without taking the law into your hands. Write or e-mail them a demand letter with a clear statement of your complaint and how you want it resolved. It is crucial to retain all communications between you and the other party.
If you are not satisfied with the response given to you by Dish Network, then the next course of action that you can take is to file a lawsuit. Litigation should ordinarily be the last course of action to be pursued where out of court settlement has not been successful.
2. Find Out What Your Claim Is
This is because in order to prove his case against Dish Network, you need to clearly state what your claim is. Common reasons for lawsuits against satellite TV providers include:
- Contract violation – Dish did not hold up their end of your service agreement.
- False advertising - Dish ads also contained distorted information about services, prices etc.
- Billing issues – You received a higher bill than expected, you received two bills for the same service, or you were billed for services you never used.
- Service issues – Reception issues, improper installation, frequent disturbances, etc.
It is important to confirm that you have the correct cause of action before filing your claim in court. You may want to speak to a consumer protection attorney to ascertain the viability of a particular case.
3. Calculate Your Damages
These seek money from the defendant in satisfaction for harm done as a consequence of the defendant’s conduct or failure to act. Come up with a clear accounting of the types of provable damages you sustained:
- Actual damages – Monetary losses that Dish incurred as a result of the claims made against them.
- Statutory Damages – These are fixed amounts of damages as provided by statutes infringed upon.
- Exemplary Damages – Extra amounts intended to penalize wrongdoers and discourage other similar actions.
Closely track all amounts of money that could be in some way associated with the accident. Judicial systems demand substantiation of damages and a rationale for the assessed amount.
4. Establish the correct court jurisdiction
It features mandates regarding which conflict with Dish Network, state and federal courts have the jurisdiction to exercise control and preside over certain legal claims. Consider factors such as:
- The extent of the claimed loss.
- State contract and consumer laws.
- Whether it is a customer-initiated class action claim or a single-member claim by a buyer.
Torts against businesses are usually filed in the state where the business is incorporated, and in Dish’s case, it is Colorado.
5. Prepare And Submit Your Complaint
The complaint is the legal pleading that is filed at the court level to initiate the lawsuit, and it sets out your claim against the defendant. The key components include:
- Identify the parties to the action – plaintiff and defendant – and the jurisdiction of the court.
- Facts – A chronological and accurate description of events and circumstances relating to your interaction with Dish.
- Legal Claims – Provide specific statutes, codes, or common laws that Dish violated.
- Alleged Relief – Additional sums and other relief that you would like the court to grant in case of victory.
You can write the complaint yourself or you can employ the services of a lawyer to write the complaint for you. Some for your files and some for Dish’s upcoming response and other filings.
6. Order Dish Network With Process
For the lawsuit to go on, Dish must be served with a formal complaint, stating that they are being sued. A person who is over 18 years and has no interest in your matter must personally serve the dishes or a registered agent with summons and complaint. Appropriate service methods are governed by different rules.
7. Dish Files An Answer Responding To Allegations
After being served, Dish is given a time, which is usually 30 days, to respond to the allegations contained in the lawsuit through filing a legal document known as an answer. They may flatly refute any claims or affirm legal excuses. In case they do not respond, you can apply for a default judgement against them.
8. Case Proceeds To Discovery
Discovery involves the production of documents and information and can include document production, written questions and depositions. The extent of permissible discovery is usually wide to develop all facts and evidence concerning the alleged disputes. You may require the assistance of an attorney for the issues of discovery rules.
9. Attempt Settlement Negotiations
Most civil litigation cases often reach a settlement before trial. Dish may make a settlement offer at any time which may be in writing or oral and which you may accept or reject. Or you could initiate proposals too beautiful for words. It is advisable to consider the options for compromise to avoid the time and costs of trial in case satisfactory conditions are agreed before trial.
10. Trial If No Settlement
If attempts to reach a reasonable settlement are not successful, then the case will go to a bench trial where it is tried by a judge or a jury trial. Standard rules of evidence and procedure are also adopted. To establish your claims and affirmative defenses, you’ll be required to do it to the “more likely than not” standard to obtain a favorable judgment at trial. It is also important to note that both parties have the right to appeal the final judgments that are passed by the courts.
Reporting a big company like Dish Network can take time and may prove to be a daunting task. To sum it up, having competent legal guidance can go a long way in enhancing your ability to succeed on bona fide consumer complaints seeking redress in the legal process. Most do not proceed to trial, being settled out of court or thrown out on the basis of the fundamental legal principle.
Ready to upgrade your TV experience? Call us now at (877) 471-4808 to find the perfect Dish Network plan for you! Don’t miss out on great entertainment—our team is here to help you choose the best package and get you started today.